Ontario Land Tribunal

OLT

Ontario Land Tribunal

OLT function: adjudicates matters related to

land use and planning

environmental and natural features

heritage protection

land valuation

land compensation

muncipal finance

OLT is a merging of

Local appeal tribunal

environmental review tribunal

Board of negotiation

Conservation review board

mining and lands tribunal

OLT was created on

June 1, 2021

Enabling legislation for OLT

Ontario Land Tribunals Act, 2021

OLT Act was. passed as part of an omnibus bill called

Accelerating access to justice act, 2021

(aka Bill 245)

LPAT

Land planning appeal tribunal

LPAT was established as part of breaking up the

OMB

OMB

Ontario municipal board

OMB was established in - as a successor to the -

1906

Ontario Railway and Municipal Board

Advantages to merging the tribunals

cost savings potential

more flexible procedures with more discretion

more straightforward

enhanced electronic proceedings and filings

Drawbacks/Criticism/Concerns about OLT

loss of specialization

loss of some protections through streamlining

loss of mechanism to challenge expropriation

intervenors limited to written submissions

enhanced powers to dismiss proceedings

Two categories of land planning matters

challenging official plans, by-laws, municipal decisions

land use planning applications

Challenge must usually be based on

failure to conform

In order to have a right to challenge a decision at the OLT you must have

shared your views in an oral presentation at a public meeting or by written submission prior to the decision

When can you not appeal to the OLT

if the municipality has its own appeal board

T/F: all planning matters can be a ppealed

false

Citizen liaison office

helps citizens deal with appeals to the OLT

provides info about the process

answers questions

Citizen liaison office does not

provide legal assistance

Act that establishes OLT’s authority

Ontario land tribunal act

Important statutes that give OLT specific jurisdiction and authority in the area of land use planning

Planning act

municipal act

aggregate resources act

development charges act

expropriations act

Ontario heritage act

Planning act governs

land use planning and development in ON

Municipal act

sets out broad authority in which municipalities can act

General procedure at OLT

appeal of municipal decision or failure to make a decision

OLT issues notice of appeal and mandatory case management conference

case management conference

mediation

hearing

decision may be reviewed or appealed to divisional court

Deadlines and submissions required vary but often appeals must be requested within

20 days of the decision

Generally appeals are filed through

the muncipality

OLT will send an - with -

acknowledgment

name of case coordinator, case file number, general instructions

OLT screens applications and if all good, a - is sent and - scheduled

Notice of appeal

Case management conference

Notice of hearing is sent at least - in advance and may be -

30 days

published in a newspaper

Case management conferences of OLT (are or are not) open to the public

are

If a party is seeking standing, must

file application before the conference

If a party files application for standing, matter will be decided

at the conference

Issues considered at CMC

id other persons wishing to participate

Id facts, narrow issues, obtain admissions

discuss settlement, mediation, ADR

establish disclosure requirements, witnesses, experts

direct parties to file a hearing plan

fix date, place, format of hearing

other procedural matters

Mediation can be requested by - at - or may be

parties

any time

ordered at CMC

If an agreement is reached at mediation, signed documents must

be forwarded to OLT

If settlement offer is approved, OLT will

schedule CMC to issue orders based on the mediation agreement

timelines for disclosure are -

confirmed at CMC

Generally, expert reports are required

at least 30 days in advance

Hearings are typically heard by

one member

While hearings are open to the pubic, there can be no

recording or photos without Tribunal approval

Possible OLT decisions

approve, modify, deny application

Decisions are generally issued within

90 days of the hearing

Costs awards are

unusual

Costs are generally only awarded if

a party acts unreasonably, frivolously, vexatiously, in bad faith

If a party is seeking costs they must

make written submissions before close of hearing or within 30 days after

Should the OLT find a municipal decision was NOT consistent with or did not conform to an Official Plan, matter will be

sent back to municipality

A revised decision of municipality may be appealed

within 20 days

for issues other than conformity/consistency there is no - appeal

second

OLT decisions may be reviewed by OLT if error may have changed the decision in

acting outside jurisdiction

violated rules of fairness

made material error of fact or law

heard false or misleading information

Applications for review must be made within

30 days of the decision

Can appeal to divisional court for - and must be with -

questions of law

leave of the court

In addition to appeal to divisional court, there is also the option of

judicial review