As of June 6th, 2024, 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 Amendments, Zoning By-law Amendments, 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 property owner, 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.
(i) NAV Canada,
(j) the owner or operator of an airport as defined in subsection 3 (1) of the Aeronautics Act (Canada) if a zoning regulation under section 5.4 of that Act has been made with respect to lands adjacent to or in the vicinity of the airport and if any part of those lands is within the area to which the relevant planning matter would apply,
(k) a licensee or permittee in respect of a site, as those terms are defined in subsection 1 (1) of the Aggregate Resources Act, if any part of the site is within 300 metres of any part of the area to which the relevant planning matter would apply,
(l) the holder of an environmental compliance approval to engage in an activity mentioned in subsection 9 (1) of the Environmental Protection Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the holder of the approval intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act,
(m) a person who has registered an activity on the Environmental Activity and Sector Registry that would, but for being prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act, require an environmental compliance approval in accordance with subsection 9 (1) of that Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the person intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act, or
(n) the owner of any land described in clause (k), (l) or (m);
Only individuals, corporations or public bodies may appeal a decision of the approval authority to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.