Regulations that will apply to new developments after April 3 under the Local Planning Appeal Tribunal

By Pepper Parr

March 5th, 2018

BURLINGTON, ON

The policy wonks out there – Gazette readers are a significant part of that tribe, will have their chance to get “into the weeds” and learn just how the new Local Planning Appeal Tribunal (LPAT) – it replaces the OMB – will work and what the rules and regulations are going to be.

The transition of matters that went to the OMB and will now be sent to the LPAT should a development application be appealed.

Local Planning Appeal Tribunal (LPAT) regulations will have a major difference over how developers react to development decisions city councils in Ontario make.

The Gazette was advised earlier today that an update on regulations under the Planning Act related to the Building Better Communities and Conserving Watersheds Act, 2017 are to be released and will come into effect on April 3, 2018.

The new regulations under the Local Planning Appeal Tribunal Act, 2017 are expected to be finalized in the near future. Links to part of the Regulations are set out below.

Under the Planning Act, changes will be made to existing regulations to facilitate implementation of the Building Better Communities and Conserving Watersheds Act, 2017 changes to the land use planning and appeal system by:

• requiring explanations of how planning proposals are consistent/conform with provincial and local policies and clarify requirements for municipal notices;

• making technical changes, such as changing references from Ontario Municipal Board to Local Planning Appeal Tribunal, and amending cross-references; and

• establishing new transition provisions to set out rules for planning matters in process at the time of proclamation.

Ontario Regulation 67/18

“Transitional Matters – General”

Ontario Regulation 68/18 –

amending Ontario Regulation 543/06

Official Plans and Plan Amendments

Ontario Regulation 69/18 –

amending Ontario Regulation 549/06

Prescribed Time Period – Subsections 17 (44.4), 34 (24.4) and 51 (52.4) of the Act”

Ontario Regulation 70/18 –

amending Ontario Regulation 551/06 “Local Appeal Bodies”

Ontario Regulation 71/18 –

amending Ontario Regulation 200/96 “Minor Variance Applications”

Ontario Regulation 72/18 –

amending Ontario Regulation 197/96 “Consent Applications”

Ontario Regulation 73/18 –

amending Ontario Regulation 545/06 “Zoning By-Laws, Holding By-Laws and Interim Control By-Laws”

Ontario Regulation 74/18 –

amending Ontario Regulation 544/06 “Plans of Subdivision”

Ontario Regulation 75/18 –

amending Ontario Regulation 173/16 “Community Planning Permits”