Additional Appeal Information

As of November 28th, 2022, there have been a series of changes to the Planning Act and the related regulations regarding appeals for planning applications to the Ontario Land Tribunal.  All potential appellants are encouraged to consult with the Planning Act and regulations and get their own legal advice if necessary.

The Planning Act is available online: Planning Act, R.S.O. 1990, c. P.13 (ontario.ca)

The Ontario Land Tribunal website is: https://olt.gov.on.ca/

For Official Plan and Zoning By-law amendments, agencies and members of the public that have participated in the public process by submitting written or verbal comments at the public meeting have the right to appeal the decision.

For Plans of Subdivision and Condominium, Minor Variances, and Consents, members of the public no longer have the right to appeal the decision. Only the applicant, the local municipality, a public body, a specified person under the Planning Act as outlined below, and the Minister of Municipal Affairs and Housing may appeal these decisions.

The prescribed list of ‘specified persons’ is as follows:

(a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply;

(b) Ontario Power Generation Inc.;

(c) Hydro One Inc.;

(d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply;

(e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply;

(f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply;

(g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply; or

(h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply.