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[Kenojuak]

Is Bill 185 retroactive?

Yes, it would eliminate appeals unless a hearing was scheduled before April 10, 2024 (I'm not sure whether that's the date on which the scheduling was done, or the scheduled date):

(8) Section 34 of the Act is amended by adding the following subsections:

Transition

(19.0.0.1) For greater certainty, subsection (19), as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (18) of this section is completed before that day.

Same, retroactive effect

(19.0.0.2) An appeal under subsection (19) made before the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force by a person or public body not described in paragraph 1, 2, 2.1 or 3 of subsection (19) of this section as it reads on the day subsection 5 (7) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force shall be deemed to have been dismissed on that day unless,

(a) a hearing on the merits of the appeal had been scheduled before April 10, 2024; or

(b) a notice of appeal was filed by a person or public body listed in paragraph 1, 2, 2.1 or 3 of subsection (19) of this section in respect of the same by-law to which the appeal relates.

Same, hearing on the merits

(19.0.0.3) For the purposes of clause (19.0.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing.

Cutting Red Tape to Build More Homes Act, 2024

Bill 185 from Parliament 43 Session 1 of the Legislative Assembly of Ontario: Cutting Red Tape to Build More Homes Act, 2024.

www.ola.org

 

[Paclo]

Is Bill 185 retroactive?

Yes, retroactive for third-party appealed cases where a merit hearing had not been scheduled before April 10, 2024:

Further Limiting of Third-Party Appeal Rights: While Bill 23 limited certain third-party appeal rights relating to minor variance and consent decisions, Bill 185 proposes to go even further by limiting third-party appeal rights related to official plan amendments (“OPAs“) and zoning by-law amendments (“ZBAs”) to only the applicant, the Minister, the approval authority, a public body, and “specified persons” who have made oral or written submissions prior to adoption of an OPA or ZBA. “Specified persons” are defined in the Planning Act and is made up of a limited list of entities, mainly consisting of impacted utility providers, such as Hydro One Inc., or a telecommunication infrastructure provider. These changes to third-party appeal rights would have retroactive effect, meaning a third-party appeal by a person who is not the applicant, Minister, approval authority, a public body or a “specified person” would lose their appeal right even if notice of the appeal has been provided, unless a hearing on the merits of such appeal has been scheduled before April 10, 2024.

[source]

 

[Northern Light]

Thank you

@Kenojuak and @Paclo for those swift responses!

 

[Tuscani01]

Is Bill 185 retroactive?

Anything that didn’t have a merit hearing scheduled before April 10th would be automatically dismissed.

Edit: Oops. Probably should’ve hit refresh to see if anyone else had responded first.

 

[Msleylar]

I am highly skeptical that the third party appeal restrictions will be included in the approved legislation unfortunately

 

[Tuscani01]

I am highly skeptical that the third party appeal restrictions will be included in the approved legislation unfortunately

Looks like they are keeping it mostly intact but just added the right for second parties to appeal. Second party being someone whose land is being rezoned. Still no third party appeals and it’s been moved to 3rd reading now.

 

[UtakataNoAnnex]

...what a ridiculous name for a bill though, IMO. Build More Homes Act would of sufficed here.

 

[Tuscani01]

This appeal is effectively dead. Bill 185 passed third reading this afternoon. Should be given royal ascent in the next few days, before the legislature recesses for the summer.