The document outlines the process for appeals related to municipal and private official plan amendments (OPAs) and zoning by-law amendments (ZBAs) under the Planning Act. It shows the steps for a first appeal when a municipality initiates an OPA/ZBA or refuses/fails to make a decision on a private application. It also details the second appeal process if the municipality fails to make a new decision or the approval authority refuses an amended plan.

1. First Appeal – Municipally‐initiated OP or OPA
Municipality adopts OP or OPA
17(22)
Approval authority fails to
approve OPA within 210 days
Appeal to Tribunal of failure to
approve within 210 days
ss. 17(40)
Tribunal permitted to
approve/modify/refuse on any
ground
ss. 17(50)
Approval authority makes
decision approving or refusing
OPA
ss. 17(34)*
Appeal to Tribunal of
decision of approval
authority or municipality**
ss. 17(24), ss. 17(36)
Does the decision meet the
consistency/conformity test?
If Yes
Appeal is dismissed.
ss. 17(49.1)
If No
Tribunal gives municipality
opportunity to make new decision
ss. 17(49.3)
Exempt from approval by
approval authority

2. Second Appeal – Municipally‐initiated OP/OPA
Municipality fails to make a
new decision within 90 days
No right of appeal
Municipality adopts new
OP/OPA within 90 days and it is
exempt from approval by
approval authority
Appeal to Tribunal
ss. 17(24)
Municipality adopts new
OP/OPA within 90 days and it is
sent to approval authority
ss. 17(49.6) and ss. 17(22)
Approval authority fails to
make a decision within 90 days
ss. 17(40)
Appeal of non‐decision to
Tribunal
ss. 17(40)
Tribunal may
refuse/approve/modify on any
ground
ss. 17(50)
Approval authority approves or
refuses to approve OPA
ss. 17(34)
Appeal to Tribunal
ss. 17(49.7)
Tribunal may
refuse/approve/modify on
basis of consistency/conformity
test
ss. 17(49.7)
Tribunal may
refuse/approve/modify on
basis of consistency/conformity
test
ss. 17(49.7)

3. First Appeal ‐ Municipally‐initiated ZB/ZBA
Municipality adopts zoning by‐
law/zoning by‐law amendment
Appeal to Tribunal
ss. 34(19)
If Yes appeal is dismissed
ss. 34(26)
Does the by‐law meet the
consistency/conformity test?
If No matter returned to municipality
for a second decision
ss. 34(26.2)(b)

4. Second Appeal ‐ Municipally‐initiated ZB/ZBA
Refusal or failure to make a
decision within 90 days
No right of appeal
Municipality adopts new
zoning by‐law/zoning by‐law
amendment
ss. 34(26.5)
Second Appeal to Tribunal
ss. 34(26.8)
Does the decision meet the
consistency/conformity test?
ss. 34(26.8)
If Yes appeal is dismissed
ss. 34(26)
If No Tribunal may amend
by‐law
ss. 34(26.8)

5. First Appeal – Private Official Plan Amendment ‐ Adoption
Official Plan Amendment
Application Filed
Municipality adopts OPA
ss. 17(22)
Approval authority fails to
approve OPA within 210
days
ss. 17(40)
Appeal to Tribunal of
failure to approve within
210 days
ss. 17(40)
Tribunal permitted to
approve/modify/refuse on
any ground
ss. 17(50)
Approval authority makes
decision approving or
refusing OPA
ss. 17(34)*
Appeal to Tribunal of decision
of approval authority or
municipality**
ss. 17(24), ss. 17(36)
Does the decision meet
the
consistency/conformity
test?
If Yes
Appeal is dismissed.
ss. 17(49.1)
If No
Tribunal gives municipality
opportunity to make new
decision
ss. 17(49.3)

6. First Appeal – Private Official Plan Amendment – Refusal or Non‐decision
Official Plan Amendment
Application Filed
Municipality refuses OPA or
fails to make a decision
within 210 days
Appeal to Tribunal for refusal
or failure to adopt within
210 days
ss. 22(7)
Does the OPA fail the dual
appeal test?
If Yes Appeal is
dismissed.
ss. 22(11.0.8)
If No Tribunal gives
municipality opportunity
to make new decision
ss. 22(11.0.9)

7. Second Appeal – Private Official Plan Amendment
Municipality fails to make a
decision within 90 days
Appeal for failure of
municipality to adopt OPA
within 90 days
ss. 22(7)
Tribunal may
approve/modify/refuse on any
ground
ss. 22(11.0.14)
Municipality refuses to adopt
an OPA
Appeal of refusal
ss. 22(7)
Tribunal may
approve/modify/refuse on the
basis of the dual appeal test
ss. 22(11.0.15)
Municipality adopts OPA
within 90 days and it is sent to
approval authority
ss. 17(49.6) and ss. 17(22)
Approval authority fails to
make a decision within 90
days
ss. 17(40)
Appeal of non‐decision to
Tribunal
ss. 17(40)
Tribunal may
refuse/approve/modify on any
ground ss. 17(50)
Approval authority approves
or refuses to approve OPA
ss. 17(34)
Appeal to Tribunal ss. 17(49.7)
Tribunal may
refuse/approve/modify on
basis of
consistency/conformity test
ss. 17(49.7)

8. Private Zoning By‐law Amendment – First Appeal
Zoning By‐law
amendment
application filed
Zoning By‐law amendment
refused or failure to make
a decision within 150
days*
Appeal to Tribunal ss.
34(11)
Does the by‐law
amendment fail the
dual appeal test?**
If Yes appeal is
dismissed
ss. 34(26)
If No matter is returned to
municipality for a second
decision
ss. 34(26.1)
Zoning By‐law
amendment Passed
Appeal to Tribunal ss.
34(19)
Does the by‐law meet the
consistency/conformity
test?
If Yes appeal is
dismissed
ss. 34(26)
If No matter returned
to municipality for a
second decision
ss. 34(26.2)(b)
*Time for non‐decision extended to 210 days if application made on the same day as OPA
application required to permit ZBA
**Zoning by‐laws not deemed to conform to OP for purposes of two part test. Subsection 24(4)
does not apply

9. Private Zoning By‐law Amendment – Second Appeal
Failure to make a
decision within 90
days
Second appeal to
Tribunal ss. 34(11)
Tribunal may amend or
direct by‐law be amended
on any grounds
ss. 34(26.6)
Zoning By‐law
amendment refused
Second Appeal to
Tribunal ss. 34(11)
Does ZBA fail the dual
appeal test?
If Yes appeal is
dismissed
If No Tribunal may
amend by‐law
ss. 34(26.7)
Zoning By‐law
amendment Passed
Second Appeal to
Tribunal ss. 34(19), ss.
34(26.8)
Does the ZBA meet the
consistency/conformity
test?
If Yes appeal is
dismissed
If No Tribunal may
amend/repeal the by‐
law
ss. 34(26.2)(b)