In recent years there have been a number of changes to Ontario’s land use planning and appeal system. The changes will have an impact on your role as a land use planning decision-maker. For example, the recent changes include:
establishing the Ontario Land Tribunal as the province-wide appeal body for land use planning appeals, replacing the Ontario Municipal Board
limiting appeals of certain types of planning matters, such as removing the ability to appeal provincial decisions on new municipal official plans and major official plan updates
You can find more information about the land use planning system, including the Ontario Land Tribunal, in the sections below and in the Citizens’ Guides to Land Use Planning.
People do not always agree on planning decisions made by local planning authorities. Because of this, the Ontario Land Tribunal exists as an independent tribunal to hear appeals and make decisions on a variety of municipal land use planning matters. When people are unable to resolve their differences and/or disputes on decisions made by local planning authorities, they can appeal those decisions to the Ontario Land Tribunal. The failure of a planning authority to make a decision on most planning applications within specified time periods can generally also be appealed to the Ontario Land Tribunal.
The OLT was formerly known as the Ontario Municipal Board before it was renamed the Local Planning Appeal Tribunal (LPAT) in 2018. On June 1, 2021 the LPAT was merged with the Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and the Mining and Lands Tribunal into a new single tribunal called the Ontario Land Tribunal.
When certain matters are appealed to the OLT, the tribunal may take the place of the local planning authority and can make a decision within the authority provided for in the Planning Act.
In making its determination, the Ontario Land Tribunal is required to have regard to the municipality or approval authority’s decision on the matter and any information and material that the municipality or approval authority considered when making its decision.
The Ontario Land Tribunal’s decisions on all matters appealed to it under the Planning Act are final, with the following exceptions:
when the Minister of Municipal Affairs and Housing (referred to in this section as the Minister) has declared a matter to adversely affect a provincial interest
when a request is made to the Ontario Land Tribunal for a review of its decision
when the court gives permission to appeal the tribunal’s decision to Divisional Court
Any person or public body, subject to meeting certain requirements, can appeal a planning decision with reasons to the Ontario Land Tribunal or, in the case of minor variance, consent or site plan application decisions, to a Local Appeal Body (LAB), if your municipality has established one to hear these appeals.
Participation in the municipal planning process is an important criterion if the public wishes to make an appeal. You may therefore wish to encourage your constituents to participate in planning matters of interest to them. Some planning decisions regarding policies and applications relating to settlement area boundaries or new areas of settlement, employment areas and second residential dwelling units cannot be appealed. Other matters that cannot be appealed include official plans in their entirety, and certain other provincial approvals. You should always ask municipal planning or legal staff to advise you on whether a matter can be appealed. This is another reason why council must consider all relevant local and provincial interests when making decisions.