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Bill 108: Proposed Amendments to the Local Planning Appeal Tribunal Act, 2017

May 08, 2019

In 2018 the Local Planning Appeal Tribunal Act, 2017 (the “LPAT Act”), which was introduced through Bill 139, repealed the Ontario Municipal Board Act and continued the Ontario Municipal Board under the name Local Planning Appeal Tribunal (the “Tribunal”).  Among other things, Part VI of the LPAT Act introduced significant changes to the practices and procedures that apply to certain Planning Act appeals, effectively eliminating “de novo” (i.e. full review) hearings relating to those appeals.

Schedule 9 of Bill 108, the More Homes, More Choice Act, 2019, which received first reading on 2 May 2019, proposes to repeal the Bill 139 restrictions on “de novo” hearings by repealing Sections 38 to 42 of the LPAT Act.

Other proposed amendments to the LPAT Act include giving the Tribunal:

  • greater powers to require parties to a proceeding to participate in mediation or other dispute resolution processes;
  • power to limit any examination or cross-examination of a witness, if the Tribunal is satisfied that all matters relevant to the issues in the proceeding have been fully or fairly disclosed, or in any other circumstances that the Tribunal considers fair and appropriate.

The proposed amendments also restrict a person who is not a party to a proceeding to written submissions only.  Bill 108 also proposes to repeal Section 36 which provides that the Tribunal may state a case in writing for the opinion of the Divisional Court on a question of law.

An unofficial blackline version of the LPAT Act showing the changes proposed by Bill 108 is found here.  For further information, please contact us at 416-203-7160 or info@woodbull.ca.

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Author(s): Sharmini Mahadevan

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