The regulation defines “affected area” and sets out who must receive hearing notices and the permitted ways those notices may be delivered.
Definition 1. In this Regulation, “affected area” means the area of land in respect of which a hearing is to be held under clause 10 (8) (b) or 12 (9) (b) or subsection 18 (5) of the Act, as the case may be. O. Reg. 369/06, s. 1. Notice under clause 13 (1) (b) of the Act 2. The notice required by clause 13 (1) (b) of the Act must be given to the following persons and public bodies: 1. Every person or public body who, in writing, requests notice of a hearing. 2. The clerk of every municipality that has jurisdiction in the affected area or within one kilometre of it. 3. The secretary-treasurer of every municipal planning authority that has jurisdiction in the affected area or within one kilometre of it. 4. The secretary-treasurer of every conservation authority that has jurisdiction in the affected area. 5. The Director of the Niagara Escarpment Commission, if the affected area is within one kilometre of the land covered by the Niagara Escarpment Plan approved under the Niagara Escarpment Planning and Development Act. 6. The chief of the First Nation council of every First Nation located on a reserve that is within one kilometre of the affected area. O. Reg. 369/06, s. 2. Notice under subsection 18 (6) of the Act 3. The notice required by subsection 18 (6) of the Act must be given to the following persons and public bodies: 1. Every party to, and every participant in, the matter appealed to the Ontario Land Tribunal. 2. Every person or public body who, in writing, requests notice of a hearing. 3. The clerk of every municipality that has jurisdiction in the affected area or within one kilometre of it. 4. The secretary-treasurer of every municipal planning authority that has jurisdiction in the affected area or within one kilometre of it. 5. The secretary-treasurer of every conservation authority that has jurisdiction in the affected area. 6. The Director of the Niagara Escarpment Commission, if the affected area is within one kilometre of the land covered by the Niagara Escarpment Plan approved under the Niagara Escarpment Planning and Development Act. 7. The chief of the First Nation council of every First Nation located on a reserve that is within one kilometre of the affected area. O. Reg. 369/06, s. 3; O. Reg. 250/23, s. 1. Manner of giving notice 4. (1) The notice required by clause 13 (1) (b) or subsection 18 (6) of the Act must be given by personal service, by ordinary mail or by fax to the persons and public bodies described in section 2 or 3 of this Regulation, as the case may be. O. Reg. 369/06, s. 4 (1). (2) The notice required by clause 13 (1) (b) or subsection 18 (6) of the Act may also be given by publication in a newspaper that, in the opinion of the hearing officer, is of sufficiently general circulation in the affected area that it would give the public reasonable notice of the hearing. O. Reg. 369/06, s. 4 (2).