ELTO News

Bill 108: New Processes and Rules for the Local Planning Appeal Tribunal

September 3, 2019 | News

Earlier this year, the Minister of Municipal Affairs and Housing introduced the government’s Housing Supply Action Plan through Bill 108.  The action plan proposes legislative changes to the Planning Act  to help speed up local planning decisions and make the appeals process more efficient.

Bill 108, More Homes, More Choice Act also makes changes to the Local Planning Appeal Tribunal’s (LPAT) jurisdiction.  The new legislation brings some of the following changes to LPAT:

  • A single hearing process, where the Tribunal has the power to make binding decisions, including a final decision to approve, refuse or modify all or part of the matter,
  • Request for party status no longer needs to be made in writing 30 days before the proceeding,
  • The reason for an appeal is no longer limited to conformity and consistency with the Provincial Planning Statement,
  • Participants to a matter will only be able to make written submissions,
  • Only the applicant, municipality, Minister, public body or prescribed list of persons can appeal a draft plan of subdivision and,
  • Limiting examination or cross-examination of a witness if the Tribunal is satisfied that all matters relevant to the proceeding have been addressed.

The changes to LPAT’s jurisdiction and process will come into effect on September 3, 2019, as specified by proclamation.

The Tribunal will be processing Planning Act matters under two systems and is determined based on when the appeal was received.  New processes and updated Rules of Practice and Procedure have been put into place to support these changes.

For more information, you can read about the government’s More Homes, More Choice Act.

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