Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6 (Consolidation Period: From November 28, 2022 )

• Jurisdiction: Ontario
• Coming into Force: 28 November 2022
• Status: current

Ontario Land Tribunal Act, 2021

S.o. 2021, chapter 4
Schedule 6

Consolidation Period: From November 28, 2022 to the e-Laws currency date.

Last amendment: 2022, c. 21, Sched. 7.

CONTENTS

Part I
Interpretation

Definitions

1 In this Act,

“Minister” means the Attorney General or such other member of the Executive Council to whom the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”)

“predecessor adjudicative tribunal” means the board of negotiation, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal or the Mining and Lands Tribunal, as the case may be, before their amalgamation under section 2; (“tribunal décisionnel prédécesseur”)

“regulations” means the regulations made under this Act; (“règlements”)

“rules” means the rules made by the Tribunal under section 13; (“règles”)

“transition date” means the day on which section 2 comes into force; (“date de transition”)

“Tribunal” means the Ontario Land Tribunal established under section 2. (“Tribunal”)

Part II
Consolidated Land Tribunal

Composition

Ontario Land Tribunal

2 The board of negotiation continued under the Expropriations Act, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal in English and Tribunal ontarien de l’aménagement du territoire in French.

Composition

3 (1) The Tribunal shall be composed of the members appointed by the Lieutenant Governor in Council.

Chair, vice-chair

(2) The Lieutenant Governor in Council shall designate a chair and one or more vice-chairs from among the members of the Tribunal.

Alternate chair

(3) The Lieutenant Governor in Council shall designate a vice-chair of the Tribunal to be the alternate chair.

Same

(4) If the chair is unable to act, the alternate chair shall perform the duties of the chair and has all the powers of the chair for the purpose.

Duties of chair

(5) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal, and shall,

(a) arrange the sittings of the Tribunal; and

(b) assign members of the Tribunal to preside over proceedings as necessary, ensuring that, if more than two members are assigned to a given proceeding, only an uneven number of members is assigned.

Term of office

4 (1) The appointment of a member of the Tribunal shall be for a fixed term specified by the Lieutenant Governor in Council.

Expiry of term

(2) If the term of office of a member of the Tribunal who has participated in a proceeding expires before the disposition of the proceeding, the term is deemed to continue for the purpose of disposing of the proceeding, but for no other purpose.

Same

(3) If the term of office of a member of the Tribunal expires in circumstances prescribed by the regulations, other than those to which subsection (2) applies, the term is deemed to continue for the period and purposes specified by the regulations.

Quorum

5 One member of the Tribunal constitutes a quorum and is sufficient for the exercise of all of the jurisdiction and powers of the Tribunal.

Employees

6 Such employees as are necessary for the proper conduct of the affairs of the Tribunal may be appointed under Part III of the Public Service of Ontario Act, 2006.

Transition, Tribunal membership

Existing members continue

7 (1) A person who was a member of a predecessor adjudicative tribunal immediately before the transition date continues as a member of the Tribunal until the day the person’s term of office as a member of the predecessor adjudicative tribunal would have expired, subject to the person’s earlier death, resignation or removal.

Persons appointed under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

(2) A person who, under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, held the office listed in Column 1 of the Table to this section immediately before the transition date, continues in the office in the Tribunal listed in the corresponding row of Column 2 of the Table until the day the person’s term of office under the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 would have expired, subject to the person’s earlier death, resignation or removal.

Table

Jurisdiction and Powers

Exclusive jurisdiction

8 (1) The Tribunal has exclusive jurisdiction in respect of all matters in which jurisdiction is conferred on it by this or any other Act.

Same

(2) The Tribunal has authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction, unless limited by this or any other Act.

Orders

9 (1) The Tribunal has authority to make orders or give directions as may be necessary or incidental to the exercise of the powers conferred on the Tribunal under this or any other Act.

Conditions

(2) The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or on the performance of terms imposed by the Tribunal.

Interim orders

(3) The Tribunal may make an interim order without notice if it is of the opinion that it is necessary to do so, but no such order shall be made for any longer time than the Tribunal may consider necessary to enable the disposition of the proceeding.

Relief

(4) Unless another Act specifies otherwise, the Tribunal may, as it considers to be appropriate,

(a) make an order granting all or part of the relief applied for; or

(b) make an order granting relief that is additional to or different from the relief applied for.

Extension of time

(5) If an order or decision of the Tribunal requires anything to be done within a specified time, the Tribunal may extend the specified time,

(a) on notice and with a hearing; or

(b) without notice or a hearing, if the Tribunal is of the opinion that it is necessary to do so.

Power to order entry, inspections

10 (1) If the Tribunal considers it necessary, the Tribunal may by order authorize a member or employee of the Tribunal to, at any reasonable time, enter and inspect any land or premises, other than a dwelling, for any purpose relevant to the subject matter of the proceeding, subject to subsection (4).

Prior notice required

(2) Before making an order under subsection (1), the Tribunal shall give notice of its intention to make the order to the owner or occupier of the land or premises, in accordance with the rules.

Submissions

(3) An owner or occupier who receives a notice under subsection (2) may make submissions to the Tribunal with respect to the proposed order, in accordance with the rules.

Order

(4) The Tribunal shall not make an order under subsection (1) until it has given notice under subsection (2) and considered any submissions made under subsection (3).

Exercise of powers

(5) The member or employee shall exercise their powers under an order made under subsection (1) in accordance with the directions of the Tribunal in the order, this section and the rules.

Identification

(6) The member or employee shall, on the request of an owner or occupier of the land or premises, identify themself and explain the purpose of the entry and inspection.

No use of force

(7) The member or employee shall not use force to enter and inspect land or premises under the order.

No entry without consent

(8) The member or employee shall not, despite the order, enter or inspect land or premises of an owner or occupier who is not a party to the proceeding without the owner or occupier’s consent.

Fees

11 (1) The Tribunal may, subject to the approval of the Minister, set and charge fees,

(a) in respect of proceedings;

(b) for providing copies of forms, notices or other documents; and

(c) for other services provided by the Tribunal.

Classes

(2) The Tribunal may set and charge different fees for different classes of persons and different types of proceedings.

Publicly available

(3) The Tribunal shall ensure that its fee structure is available to the public.

Fee waiver

(4) The Tribunal may waive all or any portion of its fees for individuals who are determined, in accordance with the rules, to be low-income individuals.

Legislation Act, 2006

(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to the fees.

Part III
Proceedings

General Practices and Procedures

Practices and procedures

12 (1) The Tribunal shall dispose of proceedings in accordance with any practices and procedures that are required under this or any other Act, subject to subsection (3).

Fair, just and expeditious resolution

(2) The Tribunal shall, in respect of each proceeding, adopt any practices and procedures provided for in the rules or that are otherwise available to the Tribunal that, in its opinion, offer the best opportunity for a fair, just and expeditious resolution of the merits of the proceedings.

Statutory Powers Procedure Act

(3) Despite section 32 of the Statutory Powers Procedure Act, this Act, the regulations and the rules prevail over any provisions of that Act with which they conflict.

Rules

13 (1) The Tribunal may make rules governing its practices and procedures, including rules that,

(a) provide for and require the use of hearings or of practices and procedures that are alternatives to traditional adjudicative or adversarial procedures;

(b) provide for specified circumstances in which participation in mediation or other dispute resolution processes by parties to a proceeding is mandatory;

(c) provide for and require notice to be provided in a...