Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 06, 2023
CASE NO(S).: OLT-22-004778
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Good Neighbours Tiny
Subject: Proposed Official Plan Amendment
Description: To establish new policies to accommodate Short-Term Rental Accommodation in Tiny Township
Reference Number: Township of Tiny No. OPA 2 (By-law 22-060); County of Simcoe No. TI-OPA-22002 | By-Law 22-060
Property Address: Township Wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004778
OLT Lead Case No.: OLT-22-004778
OLT Case Name: Good Neighbours Tiny v. Tiny (Township)
Heard: March 23, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Good Neighbours Tiny
Steve Saltsman
County of Simcoe
Marshall Greene
Township of Tiny
Sarah Hahn and Matthew Hodgson
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MARCH 23, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) to organize the appeal brought by Good Neighbours Tiny against the enactment of Official Plan Amendment 2, being By-law No. 22-060, which prescribes that the zoning by-law may incorporate policies and criteria for the regulation of Short Term Rental accommodations (“STRs”) across the Township of Tiny. The Affidavit of Service was filed and marked as Exhibit 1.
2There were no third party requests for Party or Participant status, other than from the Township of Tiny, given that the County is the approval authority. Counsel for the County advised that while reserving their right to play a role in the hearing, it is anticipated at this time that the participation by the County would be that of a watching brief, or where to assist the Tribunal if necessary. Party status was granted to the Township who will act in the lead for the hearing of the merit.
3The implementing zoning by-law amendment, By-law No. 22-061, is also under appeal, Tribunal case number OLT 22-004544, and was subject of a first hearing event on March 22, 2023.
4At the CMC for By-law No. 22-061, the Tribunal directed that all appeals relating to the regulation of STRs would be heard together given the nexus of parties and witnesses, including the relevant portions of By-law No. 22-075 (“OLT 22-004716) also respectively under appeal by either Good Neighbours Tiny, or the Responsible STR Owners, Appellants to OLT 22-004544, or both.
5Counsel for the Township of Tiny advised that a draft Procedural Order and Issues List was in circulation in an attempt to meet the direction of the Tribunal that the parties crystalize a draft by March 24, 2023.
6Counsel for Good Neighbours Tiny advised that the group now anticipates calling two witnesses.
7At the previous CMC on the appeals of the Zoning By-law, both the Township of Tiny and the Responsible STR Owners indicated that they would each be calling a witness, in line with the Tribunal’s estimate of 4-5 hearing days, all to be finalized at the case management hearing for appeals against By-law No. 22-075, OLT 22-004716, scheduled for March 24, 2023.
ORDER
8THE TRIBUNAL HEREIN ORDERS that the Township of Tiny is granted Party Status in the appeal of OPA 2
9The Member is not seized but will continue to case manage these appeals.
10No further notice is required.
“Sharyn Vincent”
Sharyn vincent
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.