Province Announces Transition for OMB Reform

December 8, 2017

The Province recently announced its intention for rules governing the transition from the Ontario Municipal Board (the "OMB") to the proposed Local Planning Appeal Tribunal (the "LPAT"). These changes flow from Bill 139, Building Better Communities and Conserving Watersheds Act, 2017, which is currently awaiting Royal Assent. If you wish to discuss the implications of these significant changes, please contact us. 

On December 7, 2017, the Minister of Municipal Affairs and the Attorney General announced the statement excerpted below:

Today, our government posted proposed transition regulations that set out rules for planning matters in process at the time of proclamation (i.e. "transition") if Bill 139 is passed. The proposed transition regulation would mean that:

  • appeals that are already before the Ontario Municipal Board as of the date of Royal Assent of Bill 139 would be subject to the existing rules and would be heard by the Ontario Municipal Board;
  • appeals made after the new rules come into force would be subject to the new rules and heard by the new Local Planning Appeal Tribunal;
  • appeals of matters between the date of Royal Assent and the date that the new rules are proclaimed into force:
    o    would be heard by the Ontario Municipal Board if the planning matter began (e.g. the complete application was received) before the date of Royal Assent; and
    o    would be heard by the Local Planning Appeal Tribunal if the planning matter began after the date of Royal Assent.

We are working to see the new system implemented in spring 2018, subject to the legislative process. We are consulting the public, through the Environmental Bill of Rights and Regulatory Registries to finalize appropriate transition rules, as well as other matters that would be dealt with through regulations, such as timelines and tribunal practices and procedures. We welcome feedback regarding these matters.

The full text of the statement can be accessed here.


The Regulation Proposal Notices can be accessed below:

Proposed new regulation under the Planning Act to prescribe transitional provisions for the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)

Proposed amendments to matters included in existing regulations under the Planning Act relating to the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)

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