Key Planning and Development Topics

Occasionally, there are updates, changes, or other important information related to the Planning Act that you should be aware of for planning and development projects in the City of Kenora. We are committed to keeping you informed about planning and development topics that may impact the planning application process.

Legislative changes to appeal rights for planning applications

As of June 6, 2024, a number of changes have been made to the Planning Act and the related regulations regarding appeal rights for planning applications to the Ontario Land Tribunal (OLT).

Those community members who are potential appellants are encouraged to consult the Planning Act, associated regulations and seek legal advice if required.

Members of the public no longer have the right to appeal a decision regarding the following planning applications:

• Official Plan Amendments,
• Zoning Bylaw Amendments,
• Plans of Subdivision and Condominium,
• Minor Variances, and
• Consents.

Only the applicant, property owner, the municipality, a public body, a specified person under the Planning Act (as outlined below), and the Minister of Municipal Affairs and Housing may appeal these decisions.

The prescribed list of ‘specified persons’ is as follows:

1. A corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply;
2. Ontario Power Generation Inc.;
3. Hydro One Inc.;
4. A company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply;
5. A company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply;
6. A person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply;
7. A company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply; 
8.  A company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply;
9. NAV Canada;
10. The owner or operator of an airport as defined in subsection 3(1) of the Aeronautics Act (Canada) if a zoning regulation under section 5.4 of the Act has been made with respect to lands adjacent to or in the vicinity of the airport and if any part of those lands is within the area to which the relevant planning matter would apply;
11. A licensee or permittee in respect of a site, as those terms are defined in subsection 1(1) of the Aggregate Resources Act, if any part of the site is within 300 metres of any part of the area to which the relevant planning matter would apply;
12. The holder of an environmental compliance approval to engage in an activity mentioned in subsection 9(1) of the Environmental Protection Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the holder of the approval intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act;
13. A person who has registered an activity on the Environmental Activity and Sector Registry that would, but for being prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act, require an environmental compliance approval in accordance with subsection 9(1) of the Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the person intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act; or
14. The owner of any land described in clause 11, 12, or 13.

Please refer to the Ontario Planning Act for the specific legislation around appeal rights for each planning application.