Statement on Transition from the Ontario Municipal Board to the Local Planning Appeal Tribunal
The following statement was issued today by Bill Mauro, Minister of Municipal Affairs, and Yasir Naqvi, Minister of the Attorney General:
"The proposed Building Better Communities and Conserving Watersheds Act 2017 would, if passed, overhaul the province's land use planning appeals system, giving communities a stronger voice and ensuring people have access to faster, fairer and more affordable hearings. Once in force, the act would establish the Local Planning Appeal Tribunal to replace the Ontario Municipal Board. It would also give the Minister of Municipal Affairs and the Attorney General the power to make regulations to deal with matters affected by the act coming into force.
Today, our government posted proposed transition regulations that set out rules for planning matters in process at the time of proclamation (i.e. "transition") if Bill 139 is passed. The proposed transition regulation would mean that:
- appeals that are already before the Ontario Municipal Board as of the date of Royal Assent of Bill 139 would be subject to the existing rules and would be heard by the Ontario Municipal Board;
- appeals made after the new rules come into force would be subject to the new rules and heard by the new Local Planning Appeal Tribunal;
- appeals of matters between the date of Royal Assent and the date that the new rules are proclaimed into force:
- would be heard by the Ontario Municipal Board if the planning matter began (e.g. the complete application was received) before the date of Royal Assent; and
- would be heard by the Local Planning Appeal Tribunal if the planning matter began after the date of Royal Assent.
We are working to see the new system implemented in spring 2018, subject to the legislative process. We are consulting the public, through the Environmental Bill of Rights and Regulatory Registries to finalize appropriate transition rules, as well as other matters that would be dealt with through regulations, such as timelines and tribunal practices and procedures. We welcome feedback regarding these matters.
Our intent is to provide a balance between applying the new rules as soon as possible and ensuring fairness for matters already in the current system."