Municipal Affairs Releases Planning Appeals Exemptions

The Minister of Municipal Affairs recently made the Subdivision and Development Appeal Regulation via Ministerial Order MSD:022/21, which modifies the requirements in the Municipal Government Act (added through Bill 48, 2020) for certain planning appeals to be heard by the Municipal Government Board (or Land and Property Rights Tribunal (LPRT) effective June 2, 2021).

The key exemption in this regulation that will benefit AUMA members is that development permit appeals related to land within prescribed distances of:

• a highway,
• a body of water,
• a sewage treatment or waste management facility, or
• historical site

do not need to go to the LPRT; they can continue to be heard by local Subdivision and Development Appeal Boards.

The new appeal requirements included in the MGA would have captured a large number of development permit appeals. This was the main driver for AUMA’s feedback to Municipal Affairs. We communicated our concern about LPRT members potentially not having the appropriate knowledge and understanding of local planning requirements and plans needed to adequately consider municipal interests.

An exemption from appeals being heard by the LPRT has not been included in the regulation for decisions made by local authorities on subdivision applications related to areas outlined above. Nor is there an exemption for matters related to designated land defined in the Canmore Undermining Review Regulation. This means that more appeals of subdivision application decisions will be heard by the LPRT, so there is still an increase in local matters being considered at the provincial level. However, the number of appeals will be much less than if development permit appeals were included.

This change in approach to development permit appeals by the Ministry demonstrates the influence that AUMA’s advocacy efforts can have and the beneficial outcomes for members that can be achieved.

All appeals of decisions made by a provincial body or the Minister of Environment & Parks are to go to the LPRT. Municipal Affairs indicated that this was the main intent of Bill 48’s amendments to the MGA related to planning appeals. Note that if a development permit appeal that would be exempt from being heard by the LPRT based on the vicinity exemptions also involves a decision made by a provincial body (or Minister), then the exemption does not apply, and it needs to go to the LPRT.

If you have any questions about the provisions in the Subdivision and Development Appeal Regulation, please contact advocacy [at] auma.ca (advocacy[at]auma[dot]ca).