LPAT Process

The appeals process for Local Planning Appeal Tribunal (LPAT) is different depending on the type of appeal you have filed and the legislation in effect when you filed your notice of appeal. There are transition regulations under the Planning Act and Local Planning Appeal Tribunal Act that also apply when determining which legislation and appeal process applies to your appeal.

The Tribunal is currently processing appeals of Planning Act matters for major appeals, (official plans or zoning by-laws) under two legislative systems that direct the Tribunal to apply different practices and procedures.  First, there are the appeals which are subject to the legislation as it read before the amendments to the Planning Act introduced by Bill 139 which took effect on April 3, 2018.  Second, there are the appeals which are subject to the Planning Act which took effect after April 3, 2018. These appeals are commonly referred to as Bill 139 appeals.

Bill 108 will restore many of the practices and procedures for Planning Act appeals that were in effect before the changes introduced in Bill 139.  Accordingly, the Bill 108 appeals will be processed by the Tribunal in the first system, which is the system which was in effect at the Tribunal prior to April 3, 2018.  These appeals represent the majority of proceedings before the Tribunal.

Note: Documents you submit to the Tribunal are available to the public on request subject to limited exceptions.

We have developed a series of guides to help you better understand the appeals process for your specific appeal:

Appeal Guide A (Word | PDF)

This guide applies to Planning Act  appeals filed after Bill 108 takes effect:

  • Section 17 (24) – Appeals of a council decision to adopt or amend an official plan
  • Section 17 (36) – Appeals of a decision by an approval authority to approve a decision adopting or amending an official plan
  • Section 22 (7) – Appeals of a council decision to refuse a private amendment to an official plan or non-decision of a private amendment application
  • Section 34 (11) – Appeals of a council decision to refuse a private amendment to a municipal zoning bylaw or non-decision of a private amendment application
  • Section 34 (19) – Appeals of a decision by a council to adopt a zoning bylaw or zoning bylaw amendment

Appeals filed under:

  • Section 17 (40) – Appeals of a non-decision by an approval authority
  • Section 51 (34) – Appeals of a non-decision on a subdivision
  • Section 41 – Appeals of a non-decision of a site plan application by council or requirements imposed on a site plan application by the municipality/county or by the regional metropolitan/district municipality
  • Section 45 – Appeals of a Committee of Adjustment decision to approve or refuse a minor variance application
  • Section 53 – Appeals of a decision to approve or refuse a consent/severance application, conditions imposed or changed for a consent/severance application or a non-decision of a consent/severance application by an approval authority

For those Planning Act appeals subject to Bill 139, there is Appeal Guide B:

Appeal Guide B (coming soon)

This guide applies to the following sections of the Planning Act:

Second Appeals filed under:

  • Section 17 (24) – Appeals of a council decision to adopt or amend an official plan
  • Section 17 (36) – Appeals of a decision by an approval authority to approve a decision adopting or amending an official plan
  • Section 22 (7) – Appeals of a council decision to refuse a private amendment to an official plan or non-decision of a private amendment application
  • Section 34 (11) – Appeals of a council decision to refuse a private amendment to a municipal zoning bylaw or non-decision of a private amendment application
  • Section 34 (19) – Appeals of a decision by a council to adopt a zoning bylaw or zoning bylaw amendment
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