LPAT Process

The Local Planning Appeal Tribunal (LPAT) processes appeals depending on the type of appeal filed and the legislation in effect on the date it was filed. There are transition regulations under the Planning Act and Local Planning Appeal Tribunal Act, 2017 that  are also considered when determining which legislation and appeal process applies to your appeal.

LPAT is currently processing Planning Act matters for major appeals (official plans or zoning by-laws) under several legislative systems that direct the Tribunal to apply different practices and procedures.

LPAT will notify all parties to clarify which process their appeal falls under. For specific case information, parties may contact the assigned case coordinator (E-Status).

Appeal Process 1: Legacy Appeals

  • Appeal Process 1 applies to appeals filed under the Planning Act before the amendments introduced on April 3, 2018.
  • These appeals may be subject to the Ontario Municipal Board Act as it read before April 3, 2018, or the Local Planning Appeal Tribunal Act depending on the section of the Planning Act the appeal was filed under.

Appeal Process 2: Bill 139 Appeals

  • Appeal Process 2 applies to appeals filed under the Planning Act and Local Planning Appeal Tribunal Act as they read on September 2, 2019.

Appeal Process 3: Bill 108 Appeals

  • Appeal Process 3 applies to appeals filed under the Planning Act and Local Planning Appeal Tribunal Act, 2017, as amended by Bill 108 effective September 3, 2019.
  • Many of the practices and procedures for Planning Act appeals that were in effect before the changes introduced in Bill 139 were restored by Bill 108.
  • Some important differences between the legacy appeals and Bill 108 frameworks include participatory rights of non-parties.

Appeal Process 4: Bill 139 Hybrid Appeals

  • Appeal Process 4 applies to appeals which are subject to amendments to the Local Planning Appeal Tribunal Act (LPATA), 2017 (O. Reg 382/19), effective November 15, 2019.
  • Certain third-party zoning by-law and official plan amendment appeals are subject to the Bill 139 administrative process but have opportunities to provide expanded appeal reasons introduced by Bill 108.

Privacy Considerations

Any documents you submit to LPAT may be provided to the public on request, subject to limited exceptions.

We are developing 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
  • Section 17 (40) – Appeals of a non-decision by an approval authority
  • Section 51 (34) – Appeals of a non-decision on a subdivision

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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