Appeals
Section 45
(12) The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Municipal Board against the decision of the committee by filing with the secretary-treasurer of the committee a completed “Appellant Form” together with the prescribed fee.
(13) The secretary-treasurer of the committee, upon receipt of a completed Appellant Form and prescribed fee shall forthwith forward them to the Municipal Board by registered mail together with all papers and documents filed with the committee of adjustment relating to the matter appealed from and such other documents and papers as may be required by the Board.
(14) If within such 20 days no notice of appeal is given, the decision of the committee is final and binding, and the secretary-treasurer shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality.
(15) Where all appeals to the Municipal board are withdrawn, the decision of the committee is final and binding and the secretary of the Board shall notify the secretary-treasurer of the committee, who in turn shall notify the applicant and file a certified copy of the decision with the clerk of the municipality.
(16) On an appeal to the Municipal Board, the Board shall, except as provided in subsection (15) and (17), hold a hearing of which notice shall be given to the applicant, the appellant, the secretary-treasurer of the committee and to such other persons or public bodies and in such manner as the Board may determine.
(17) Despite the Statutory Powers Procedure Act and subsection (16), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own motion or on the motion of any party if, (a) it is of the opinion that, (i) the reasons set out in the appellant form does not disclose any apparent land use planning ground upon which the Board could allow all or part of the appeal, (ii) the appeal is not made in good faith or is frivolous or vexatious, or (iii) the appeal is made only for the purpose of delay; (b) the appellant has not provided written reasons for the appeal; (c) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act, or (d) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board.
(17.1) Before dismissing an appeal, the Municipal Board shall notify the appellant and give the appellant an opportunity to make representation in respect of the appeal and the Board may dismiss an appeal after holding or hearing or without holding a hearing on the motion, as it considers appropriate.
(18) The Municipal Board may dismiss the appeal and may make any decision that the committee could have made on the original application.
(18.1) On an appeal, the Municipal Board may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies who received notice of the original application under subsection (5) and to other persons and agencies prescribed under that section.
(18.2) Any person or public body who receives notice under subsection (18.1) may, not later than thirty days after the day that written notice was given, notify the Board of an intention to appear at the hearing or the resumption of the hearing, as the case may be.
(18.3) If, after the expiry of the time period in subsection (18.2), no notice of intent has been received, the Board may issue its order.
(18.4) If a notice of intent under subsection (18.2) is received, the Board may hold a hearing or resume the hearing on the amended application.
Appeal to be filed with:
Secretary-Treasurer
Committee of Adjustment
Planning Division
Civic Centre - Level 5
99 Foster Drive
Sault Ste. Marie, ON P6A 5X6
The fee for an appeal to the Ontario Municipal Board is $125.00 for the primary appeal and $25.00 for each related appeal. To be paid by certified cheque or money order, in Canadian funds payable to the Minister of Finance.