OMB Reform Guide prepared by Davies Howe LLP

1. Appeal Processes After Bill 139
As at January 26, 2018

2. Legislative Objectives
 Eliminate the Ontario Municipal Board, replace with Local Planning Appeal Tribunal
 New limits on Planning Act appeals
 Changes to conduct of appeal hearings – fewer and shorter hearings
 No change to process before Council
2

3. Planning Act Appeals – Official Plan
 Official Plan appeals can only be made on the basis that:
Part of the decision appealed is inconsistent with the provincial policy statement, fails to conform with or
conflicts with a provincial plan, fails to conform with the upper-tier plan
 No appeals on the basis of other valid planning issues if this test cannot be met, e.g.:
• Good planning
• Incompatibility
• Adverse impacts (e.g. traffic, wind, shadow, privacy)
 No appeals related to Major Transit Station Areas
• Identification
• Maximum densities
• Maximum heights – Planning Act ss. 17(36.1.4)-(36.1.7)
3

4. Planning Act Appeals – Official Plan – Minister’s
Decisions
 No appeal on Minister’s decision on official plans
• s. 17(34) – PA, s. 17(36.5)
• s. 26 – PA, s. 21.3
 Not even a municipality can appeal
• Loss of local planning autonomy
 No public process required
• Loss of transparency
4

5. Third Party Participation Under the Local Planning
Appeal Tribunal Act, 2017 (“LPATA”)
 A person wishing to participate in an appeal of an:
• Official plan
• Application to amend an official plan
• Zoning by-law
• Application to amend a zoning by-law
Must make a written submission to the Tribunal at least 30 days prior to a Case
Management Conference
 Submission must set out how the decision or failure to make a decision:
• was inconsistent with a Provincial Policy Statement
• fails to conform with or conflicts with a provincial plan
• fails to conform with an applicable official plan – s. 40(1)
5

6. Mediation
 An outcome of mandatory Case Management Conference
 Is possible for any matter before the Tribunal – s. 33(1)(5)
 Must be considered for Official Plan and ZBL matters – s. 39(2)
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7. All Municipalities (Except Toronto)
Appeal Processes For

8. Site Plan Approval Appeal Process
Site Plan Approval
Application
No decision within 30 days
Appeal to LPAT (or Local
Appeal Body)
(not substantively changed by
Bill 139)
s. 41(12)
Applicant unsatisfied with
requirement(s) of the Site Plan
Application
Appeal to LPAT (or Local
Appeal Body)
(not substantively changed by
Bill 139)
s. 41(12)
8

9. Minor Variance Approval Appeal Process
Minor Variance
Application
Rejected by
Committee of
Adjustment
Appeal to LPAT
s. 45(12)
Dispute re.
conditions of
approval
Appeal to LPAT
s. 45(12)
9

10. Consent Approval Appeal Process
Consent
Application
Rejected by
Committee of
Adjustment
Appeal to LPAT
s. 53(19)
Dispute re.
conditions of
approval
Appeal to LPAT
s. 53(19)
Appeal changed
conditions
Appeal to LPAT
s. 53(27)
Failure to make a
decision within
90 days
Appeal to LPAT
s. 53(14)
10

11. Draft Plan of Subdivision Appeal Process
Draft Plan of Subdivision
Application
No decision on
application within 180
days
Appeal to LPAT
s. 51(34)
Case Management Appeal Hearing
Application Refused
Appeal to LPAT
(unchanged by Bill 139)
s. 51(39)
Dispute re. conditions of
approval
Appeal to LPAT
(unchanged by Bill 139)
s. 51(43)
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Oral submissions only: no party
may adduce evidence or
call/examine witnesses

12. Official Plan/OPA Appeal Process
(No Decision by Approval Authority within 210 Days (s. 17(40))
Official Plan or Official Plan
Amendment adopted and sent
to approval authority for
decision
s. 17(31)
Appeal to LPAT for refusal or no
decision by approval authority
within 210 days
s. 17(40)
Appeal does not appear to be
substantively changed by Bill
139 – not limited to Conformity
Exercise and only one-stage
appeal
LPAT may
approve/modify/refuse on any
ground
s. 17(50)
12
Oral submissions only:
no party may adduce
evidence or
call/examine witnesses

13. 13
OPA Appeal Process
(Refusal or Failure by Council to Adopt Amendment (s. 22(7))
Official Plan Amendment
application initiated by
private/third-party applicant
Appeal to LPAT for refusal or no
decision by adopting
municipality within 210 days
s. 22(7)
First appeal hearing at LPAT
Does OPA meet 2-Part
Conformity Test?
NO – No further appeal
s. 22(11.0.8)
YES – Application returned to
adopting municipality for
decision or new decision
s. 22(11.0.9)
Continued on next…
13
Oral submissions only:
no party may adduce
evidence or
call/examine witnesses

14. LPATA silent on whether parties
may adduce evidence and
call/examine witnesses
Municipality adopts OPA
within 90 days
s. 17(22)
Sent to approval authority
s. 17(31)
Approval
May be appealed pursuant
to s. 17(36), subject to s.
17(49.7)
Refusal
2nd LPAT Appeal
s. 17(36)
LPAT may modify or refuse
OPA if appealed decision
fails the Conformity Exercise
s. 17(49.7)
Municipality refuses OPA
again
s. 22(6.6)
2nd LPAT Appeal
ss. 22(7)
LPAT may approve, modify
or refuse if OPA meets the
2-Part Conformity Test
s. 22(11.0.15)
No Decision within 90 Days
2nd LPAT Appeal
ss. 22(7)
LPAT may approve, modify,
or refuse OPA on any ground
s. 22(11.0.14)
OPA Appeal Process
(Refusal or Failure by Council to Adopt Amendment (s. 22(7)) – Continued
14
LPATA silent on whether parties
may adduce evidence and
call/examine witnesses

15. Official Plan/OPA Appeal Process
(Refused/Approved by Approval Authority (s. 17(36))
15
OP or OPA (publicly or
privately-initiated) refused or
approved by approval
authority
1st Appeal to LPAT
s. 17(36)
Does appealed decision fail
the Conformity Exercise?
NO – Appeal dismissed
s. 17(49.1)
YES – OP/OPA returned to
adopting municipality for
second decision
s. 17(49.3)
Continued on next…
Oral submissions only: no party
may adduce evidence or
call/examine witnesses

16. Official Plan/OPA Appeal Process
(Refused/Approved by Approval Authority (s. 17(36)) - Continued
16
Municipality fails to adopt
OP/OPA within 90 days
s. 17(49.6)
If Private OPA
2nd appeal to LPAT
ss. 22(7)
LPAT may
approve/modify/refuse on
any ground
s. 22(11.0.14)
If Publicly-Initiated OP/OPA
No further appeal
Municipality adopts new
OP/OPA within 90 days
s. 17(49.6)
Sent to approval authority
s. 17(22)
Approval authority
decision to
approve/refuse
s. 17(35)
2nd LPAT appeal
s. 17(49.7)
Does appealed decision Fail
the Conformity Exercise?
YES – LPAT may modify
or refuse
NO – Appeal dismissed
s. 17(49.1)
No decision within 210
Days
s. 17(40)
2nd LPAT appeal
s. 17(40)
LPAT may
approve/modify/refuse
on any ground
s. 17(50)
Municipality refuses to
adopt OP/OPA
If Private OPA
2nd LPAT Appeal
ss. 22(7)
LPAT may
approve/modify/refuse if OPA
meets 2-Part Conformity Test
s. 22(11.0.15)
If Publicly-Initiated OP/OPA
No further appeal
Note: LPATA silent on whether
parties may adduce evidence and
call/examine witnesses in all of
these stages of appeal proceedings

17. Official Plan/OPA Appeal Process
(Adopted by Municipality and Exempt from Approval (s. 17(24))
17
OP or OPA adopted by a
municipality and exempt from
Approval
1st Appeal to LPAT
s. 17(24)
Does appealed decision fail the
Conformity Exercise?
NO – Appeal dismissed
s. 17(49.1)
YES – Application returned to
adopting municipality for
second decision
s. 17(49.3)
Continued on next…
Oral submissions only: no party
may adduce evidence or
call/examine witnesses

18. Official Plan/OPA Appeal Process
(Adopted by Municipality and Exempt from Approval (s. 17(24)) - Continued
18
Municipality fails to adopt
OP/OPA within 90 days
s. 17(49.6)
If Private OPA
2nd appeal to LPAT
ss. 22(7)
LPAT may
Approve/Modify/Refuse on
any ground
s. 22(11.0.14)
If Publicly-Initiated OP/OPA
No further appeal
Municipality adopts new
OP/OPA within 90 days
s. 17(49.6)
2nd LPAT Appeal
s. 17(49.7)
Does appealed decision fail
the Conformity Exercise?
YES – LPAT may modify or
refuse
NO – Appeal dismissed
s. 17(49.1)
Municipality refuses to adopt
OP/OPA
If Private OPA
2nd LPAT Appeal
ss. 22(7)
LPAT may
Approve/Modify/Refuse if
OPA Meets 2-Part Conformity
Test
s. 22(11.0.15)
If Publicly-Initiated OP/OPA
No further appeal
Note: LPATA silent on whether
parties may adduce evidence and
call/examine witnesses in all of
these stages of appeal proceedings

19. The Conformity Exercise (Municipal Decisions)
On appeal of an Official Plan or Official Plan Amendment where a
municipality or approval authority has made a decision to refuse or
approve, the LPAT can only consider whether the decision:
1. Is inconsistent with a provincial policy statement;
2. Fails to conform with or conflicts with a provincial plan; or
3. Fails to conform with the upper-tier municipality’s Official Plan (in the
case of a lower-tier municipality’s Official Plan)
19

20. 2-Part Conformity Test (Official Plan Amendments)
On an appeal of a non-decision or refusal of an Official Plan Amendment,
the LPAT may only approve the requested Amendment if:
1. The existing part or parts of the Official Plan that would be affected by
the requested amendment are inconsistent with a Provincial Policy
Statement, fail to conform with a provincial plan, or, in the case of the
official plan of a lower-tier municipality, fail to conform with the upper-
tier municipality’s Official Plan; and
2. The requested amendment is consistent with Provincial Policy
Statements, conforms with or does not conflict with provincial plans
and conforms with upper-tier municipality’s Official Plan
20

21. Revised OPA on Consent of Specified Parties
 The LPAT must approve revised plans brought on the consent of
specified parties unless the revisions fail the Conformity Exercise –
s. 17(49.4)
21
Revised Plan on Consent
Revised Plan fails the
Conformity Exercise
New decision by the
Municipality
ss. 17(49.5), 22(11.0.11)
Appeal to LPAT
Revised Plan on Consent
Does the Revised Plan
meet the Conformity test?
YES – LPAT must approve
NO – LPAT can modify or
refuse
ss. 17(49.9), 22(11.0.17)
Specified parties are the municipality, the approval authority, the
Minister (if the Minister is a party), the applicant and all
appellants

22. Zoning By-Law Amendment Appeal Process
Appeal Passing of ZBLA - s. 34(19)
Zoning By-Law Passed
Appeal to LPAT
s. 34(19)
Does the ZBL fail the
Conformity Exercise?
NO – No further appeal
YES – Application returned
to Council for new
Decision
s. 34(26.2)(b)
ZBL Passed
2nd LPAT Appeal
s. 34(26.8)
LPAT may repeal or amend
ZBL if it fails the
Conformity Exercise
22

23. The Conformity Exercise (Municipal Decisions)
On appeal of a Zoning By-law or Zoning By-law Amendment, the LPAT
can only consider whether the decision:
1. Is inconsistent with a provincial policy statement;
2. Fails to conform with or conflicts with a provincial plan; or
3. Fails to conform with the upper-tier municipality’s Official Plan (in
the case of a lower-tier municipality’s Official Plan)
23

24. 2-Part Conformity Test (Zoning By-law Amendments)
On an appeal of a non-decision or refusal of a Zoning By-law Amendment
application, the LPAT may only approve the requested Amendment if:
1. The existing part or parts of the zoning by-law that would be affected
by the requested amendment are inconsistent with a Provincial Policy
Statement, fail to conform with a provincial plan, or, in the case of the
Official Plan of a lower-tier municipality, fail to conform with the upper-
tier municipality’s Official Plan; AND
2. The requested amendment is consistent with Provincial Policy
Statements, conforms with or does not conflict with provincial plans
and conforms with upper-tier municipality’s Official Plan
24

25. Zoning By-Law Amendment Appeal Process
Appeal Refusal or Non-Decision of ZBLA - s. 34(11)
Zoning By-Law Refused or
Non-Decision
s. 34(11)
Appeal to LPAT
Does the proposed ZBL fail
the Conformity Exercise?
NO – No further appeal
s. 34(26)
YES – Application returned
to Municipality for new
Decision
s. 34(26.1)
ZBLA Approved – No
further appeal
No decision within 90 days
2nd LPAT Appeal
s. 34(11)
LPAT may amend ZBL on
any ground
s. 34(26.6)
Refusal
2nd LPAT Appeal
s. 34(11)
LPAT may amend ZBL if 2-
Part Conformity Test is
met
s. 34(26.7)
25
Note: s. 24(4), which normally deems zoning by-laws to conform with the applicable OP,
does not preclude appeals based on non-conformity – s. 34(26.13)

26. Revised Zoning By-law on Consent of Specified Parties
 The LPAT must approve revised zoning by-laws brought on the
consent of specified parties unless the revisions fail the Conformity
Exercise
26
Revised Zoning By-law on
Consent
Revised By-law fails the
Conformity Exercise
New decision by the
Municipality
Appeal to LPAT
Revised By-law on Consent
Does the Revised Plan meet the
Conformity test?
YES – LPAT must approve
NO – LPAT can modify or refuse
ss. 34(26.10)
Specified parties are the municipality, the Minister (if the
Minister is a party), the applicant and all appellants

27. The City of Toronto
Appeal Processes For

28. Appeal processes that are the
same as other cities:
 Official Plan Amendment
 Zoning By-Law Amendment
For these applications see the
appeal flowcharts for other cities.
For Site Plan, Minor Variance and
Consent appeal processes, read
on…
28
Toronto Appeal Process

29. Site Plan Approval Appeal Process
Site Plan Approval
Application
No decision within 30
days
Appeal to TLAB
(not otherwise changed
by Bill 139)
s. 41(12)
Applicant unsatisfied
with requirement(s) of
the Site Plan Application
Appeal to TLAB
(not otherwise changed
by Bill 139)
s. 41(12)
29

30. Minor Variance Approval Appeal Process
Minor Variance
Application
Rejected by Committee of Adjustment
Appeal to TLAB
s. 45(1)
Dispute re. conditions of approval
Appeal to TLAB
s. 45(1)
Expansion of legal non-conforming use
rejected
Appeal to TLAB
s. 45(2)(a)(i)
Reuse of land, building, or structure that
was legal non-conforming for more
compatible or permitted use rejected
Appeal to TLAB
s. 45(2)(a)(ii)
Use of land, building or structure
(generally defined) that conforms with
uses permitted in the bylaw rejected
Appeal to TLAB
s. 45(2)(b)
30

31. Consent Approval Appeal Process
Consent
Application
Rejected by
Committee of
Adjustment
Appeal to TLAB
s. 53(19)
Dispute re.
conditions of
approval
Appeal to TLAB
s. 53(19)
Dispute changed
conditions
Appeal to TLAB
s. 53(27)
No decision
within 90 days
Appeal to TLAB
s. 53(14)
31

32. Transition
 Royal assent – December 12, 2017
 Planning Act amendments come into effect on date of proclamation
• When?
• Best guess is April 1, 2018
32

33. Transition – Private Planning Applications
33
Complete Application Appeal Filed Regime
Before Royal Assent Before Royal Assent Pre- Bill 139
Before Royal Assent Between Royal Assent
and Proclamation
Pre- Bill 139
After Royal Assent Between Royal Assent
and Proclamation
Post-Bill 139
After Royal Assent After Proclamation Post-Bill 139

34. Thank You
Davies Howe
416.977.7088
www.davieshowe.com