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New Local Planning Appeal Tribunal (LPAT)

On April 3, 2018 the Ontario Municipal Board (OMB), the provincial body that was traditionally responsible for dealing with land use planning appeals, was replaced by the Local Planning Appeal Tribunal (LPAT). Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017 introduced the new legislation to give greater authority to local planning authorities and facilitate changes to the manner in which the LPAT conducts planning hearings in relation to the OMB. Planning appeals that are now made are subject to the new appeal process and are heard at the LPAT.

A number of significant legislation changes have been introduced by Bill 139. Some of which include:

- Eliminating de novo hearings;

- Limiting authority to overturn a municipal decision of a local council or planning authority where the decision does not conform or is inconsistent with provincial policies or municipal plans;

- Sheltering particular planning decisions from appeal and/or significantly limiting the basis on which those decisions may be appealed; and,

- Establishing a Local Planning Appeal Support Centre to provide resources and support to Ontarians with respect to land use planning appeals.

Additional information can be found here:

http://www.casselsbrock.com/CBNewsletter/What_s_in_a_Name__The_OMB_to_Become_the_LPAT

https://www.osler.com/en/resources/regulations/2017/ontario-government-proposes-significant-overhaul-t

https://www.cityofkingston.ca/business/planning-and-development/blog/-/blogs/omb-replaced-with-the-local-planning-appeal-tribunal-lpat-