Updates On The Ontario Municipal Board Reform Under Bill 139

The province is currently moving to pass Bill 139, which will significantly amend planning law in Ontario, most notably by transforming the Ontario Municipal Board into the Local Planning Appeal Tribunal (LPAT) and significantly curtailing its powers. While Bill 139 is wide-ranging, the most significant changes that will be introduced include:

• Effective elimination of de novo hearings – the Tribunal's authority to overturn municipal decisions relating to official plans, by-laws and plans of subdivision will be restricted to situations in which the decision does not conform to or is inconsistent with provincial policies or applicable official plans;
• Introduction of a two-step appeal process, including mandatory case management;