TRANSITION

Planning Act Appeals Planning Act appeals 1. (1) An appeal that was commenced under subsection 17 (24), (36) or (40), 22 (7), 34 (11) or (19) or 51 (34) of the Planning Act before September 3, 2019 but not disposed of before that date shall be continued and disposed of by the Ontario Land Tribunal as follows: 1. If the appeal was commenced before April 3, 2018 and continued under the Ontario Municipal Board Act, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before its repeal, other than section 33.1 of that Act. 2. If the appeal was commenced before April 3, 2018 and continued under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019, and a hearing on the merits of the appeal was scheduled before September 3, 2019, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019. 3. If the appeal was commenced before April 3, 2018 and continued under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019, and a hearing on the merits of the appeal was not scheduled before September 3, 2019, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before its repeal. 4. If the appeal was commenced on or after April 3, 2018 but before September 3, 2019, and a hearing on the merits of the appeal was scheduled before September 3, 2019, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019. 5. If the appeal was commenced on or after April 3, 2018 but before September 3, 2019, and a hearing on the merits of the appeal was not scheduled before September 3, 2019, the appeal shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before its repeal. (2) Despite paragraphs 3 and 5 of subsection (1) but subject to subsection (4), an appeal described in subsection (3) shall be continued and disposed of under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019. (3) Subsection (2) applies in respect of an appeal commenced before September 3, 2019 but not disposed of before that date if a hearing on the merits of the appeal was not scheduled before November 15, 2019 and the appeal meets one of the following descriptions: 1. The appeal was made under subsection 17 (24) or (36) of the Planning Act in respect of an official plan amendment adopted in response to a request under section 22 of that Act and was made by a person other than the person or public body who made the request under section 22 of that Act, any other public body or the Minister of Municipal Affairs and Housing. 2. The appeal was made under subsection 34 (19) of the Planning Act in respect of a zoning by-law passed in response to an application made under section 34 of that Act and was made by a person other than the applicant, a public body or the Minister of Municipal Affairs and Housing. (4) Subsections (2) and (3) do not apply in respect of an appeal in relation to an official plan amendment or a zoning by-law that is the subject of another appeal made under subsection 17 (24) or (36) or 34 (19) of the Planning Act, as applicable, that was commenced or continued under the Local Planning Appeal Tribunal Act, 2017 as it read immediately before its repeal, and that was made by, (a) in the case of an appeal mentioned in paragraph 1 of subsection (3), the person or public body who made the request under section 22 of the Planning Act, any other public body or the Minister of Municipal Affairs and Housing; and (b) in the case of an appeal mentioned in paragraph 2 of subsection (3), the applicant, a public body or the Minister of Municipal Affairs and Housing. (5) For the purposes of this section, a hearing on the merits of an appeal is considered to be scheduled on the date on which the hearing was first ordered to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. (6) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. (7) A reference in this section to the Local Planning Appeal Tribunal Act, 2017 as it read immediately before September 3, 2019 includes reference to Ontario Regulation 102/18 (Planning Act Appeals), made under the Act, as it read on that date, but does not include reference to Ontario Regulation 101/18 (Transitional Matters), made under the Act. Expropriations Act Proceedings Inquiries under s. 7 of the Expropriations Act 2. A matter of which notice was given under subsection 6 (2) of the Expropriations Act before the transition date shall be dealt with in accordance with, (a) the Expropriations Act as it reads on and after the transition date, if a hearing of the matter was not commenced before that date; or (b) the Expropriations Act as it read immediately before the transition date, if a hearing of the matter was commenced before that date. Negotiation of compensation amounts 3. (1) If a notice of negotiation was served under subsection 27 (4) of the Expropriations Act before its repeal but the negotiation proceedings were not completed before the transition date, the negotiation proceedings shall be conducted by the Tribunal in accordance with that Act as it read immediately before the transition date. (2) If negotiation proceedings described in subsection (1) are terminated by the Tribunal or do not otherwise result in a settlement, section 26 of the Expropriations Act, as it reads on and after the transition date, applies with respect to the matter. 4. Omitted (provides for coming into force of provisions of this Regulation).