Restrictions and Limitations on your Client’s Right to Appeal
Date:
March 1 2007
Bill 51 received Royal Assent on October 19, 2006, with most of the sections amending the Planning Act coming into force on January 1, 2007. Several of these amendments affect your clients’ right to appeal under the Planning Act, including restrictions on who may appeal, who may become a party to an appeal, and prohibitions on appeal rights altogether. While some of these restrictions are refinements of previous provisions, the ones pertaining to the restrictions on appeals to the Ontario Municipal Board (“OMB”) with respect to employment lands are discussed in greater detail in this paper because of their significant consequences.
The general overarching lesson respecting these amendments to the Planning Act is that clients will now be required to be involved earlier in the planning process and in a more active capacity; otherwise they will have limited opportunity to protect their interests. Moreover, in the case of employment lands, a client may decide not even to embark upon the approval process at this time.
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