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E-file: Approval Authority FAQs

Governance, registration and usage requirements

How will appellants know they are submitting an appeal to the correct group of offices? (e.g., clerks, committee of adjustment, city council)

The appellant can match the filing entity listed in public communications with what’s listed in the e-file menu. To ensure these align, OLT requires approval authorities to provide:

  • the exact name of their filing entity or entities as it should appear in e-file
  • a sample of their public communications on the appeal process
What should we do if we receive an appeal that should have gone to a different approval authority?

If you identify an appeal that was filed in error with your approval authority, please contact the appellant immediately to redirect them to the appropriate approval authority so they don’t miss the appeal filing deadline. You will also need to forward the appeal to the OLT through e-file to be correctly disposed of. You can contact the OLT if assistance is needed.

Effective December 2, 2024, approval authorities are required to forward appeals to the Tribunal through e-file. However, the Tribunal recognizes that approval authorities may require time to update internal processes and documents to incorporate e-file. As such, until otherwise directed, the Tribunal will still accept appeals through pre-existing channels (e.g., mail, courier, secure email) while municipalities work through the e-file registration process. For questions on the registration process, please read e-file registration instructions or contact us at: olt_efile_admin@ontario.ca.

 

How can we ask appellants to use e-file when legislation specifically directs that appellants file notices of appeal with the approval authority (e.g., municipality), not the Ontario Land Tribunal?

By using e-file, this does not mean that the appellant is filing directly with the Ontario Land Tribunal. Rather, the appellant is selecting the appropriate approval authority within the e-file system, and the appeal is directed to that approval authority’s portal on e-file. OLT does not receive the appeal until it is forwarded via e-file from the approval authority (after packaging into a case package).

Our municipality or region does not have planning responsibilities. Do we still need to register for-e-file?

If a municipality or region receives appeals for any matters that must be filed with/forwarded to the Tribunal, then you are strongly encouraged to register for e-file. If your municipality or region does not receive appeals any longer, then you don’t need to register to use e-file. Consider, for example, whether your municipality or region will receive appeals related to the Development Charges Act. If there are any non-Planning Act related appeals that would still be filed with the municipality or region, then you would need to register for e-file in order to forward those appeals to the Tribunal.

In the case of two-tier municipalities, where the lower tier is the approval authority, will both municipalities be able to view/add/upload to the file on the portal?

The approval authority’s main e-file administrator(s) (Level-1 user(s)) can grant access to the municipality’s specific e-file portal to any staff they choose (Level-2 users), including any staff from the upper tier. Additionally, you will be able to download all information from the e-file portal (even in draft form) and export to share externally for input. The user will only be able to upload documentation if they are a Level-1 or Level-2 user.

With changes to the Planning Act only allowing a "specified person" to appeal, is there some way to verify that the individual is a specified person?

Currently, there is a question in the e-file smart form that asks the appellant to identify if they are the owner of the subject property. However, we will be adding a question in a future upgrade that requires the appellant to identify if they are the owner, a specified person, Minister, etc.

When registering for e-file, can an approval authority use a general shared email account or will the contact(s) need to be individual email addresses?

If a user is logged into the municipality’s portal under their own specific work email address, then you can track specific staff members based on the “Created by,” “Last Updated by,” and “Submitted by” fields on various records throughout the portal. This helps you to internally see who last worked on a case. When the case is submitted to OLT, then it will be shown as being sent from a specific person.

A generic email address can be used to register as a level-1 administrator/user, but only one user can be signed in at a time using that login. If a group email is used to register (in addition to specific email addresses for staff), then the generic email address would also be copied on all appeal confirmation emails, and nothing would be missed. For the email that is automatically generated when a case is submitted to OLT, this only goes to the user who is logged in and completes the submission.

Specific appeal scenarios

Where the municipality is itself an appellant

To file an appeal with OLT where your municipality or approval authority is the appellant, follow the e-file instructions for public users (appellants). If you are not filing directly with the OLT, you will need to make sure that the approval authority you are filing with is registered on e-file. If they are not registered, you will have to file manually using the A1 Form.

Late appeals

You can submit late appeals through e-file with a cover letter explaining that it was late.

The OLT will then determine whether to open the appeal and if not, will issue a refund (if applicable). Note that the Tribunal cannot extend a time period to file an appeal prescribed in a statute. If the appeal relates to a case that has already been submitted to OLT, e-file will have locked the case for further additions. In this circumstance, note the related e-file case number in your cover letter.

Duplicates of appeals

You should merge the two sets of documentation in e-file:

  • scan any documentation received on paper
  • upload the documents as attachments to your case package in e-file
  • include a note with the name of the appellant(s) who submitted duplicate appeals.

Appeals affecting more than one legislative section

Can the appellant select more than one section at a time per appeal or must they complete another form?

The appellant can only select one appeal type at a time (e.g., Zoning, Official Plan Amendment and Site Plan). The OLT is working on a multi-selection option for a future release of e-file.

Can approval authorities group multi-section appeals together into one case?

The OLT considers appeals related to different instruments as separate but related cases. Each would receive its own OLT case number with one being the lead case. For example, you would have to create:

  • one case for the Official Plan Amendment (with all related appeals grouped); and,
  • another case for the Zoning By-Law Amendment (with all related appeals grouped).

You can then connect a case to a related case. There are two ways of doing this:

  • If the case has already been submitted to OLT, use the “Related Case” look-up function in e-file. The option to add a related case appears near the end of the case submission process flow after you have uploaded your documents.
  • If you are submitting two related cases at the same time, please make a note in the “Additional Information” section or add as a note in a cover letter that you upload/attach to the submission.

Yes. The OLT is working on a solution to this. An update will be provided once available.

Extended time periods for dispute resolution

Withdrawal of an appeal

You can identify any withdrawn appeals in your cover letter that you attach as part of your documents submission. You must still transmit the e-filed appeal to the OLT, even if the appeal that is being withdrawn is the sole appeal. Include a covering letter (no checklist documents are required), so that the appeal can be disposed of in the system and any refund(s) processed.

Appeals filed in error or with mistakes

You can submit the appeal to the OLT through e-file to resolve. Provide an explanation in the “additional information” section or in your cover letter. The OLT is working on developing a better solution for this scenario in a future release.

If the applicant makes a mistake in his/her application, will we be able to make changes? And will the applicant be able to see that we made changes to his/her application?

An appeal record that is submitted by the appellant should generally not be modified by an approval authority, as it is a ‘record’. However, when the approval authority is creating the ‘case’ in the e-file portal, they are able to confirm/correct both the Reference Number (e.g., By-law #123) or the Subject Property Address. Otherwise, all information submitted by the appellant forms their appeal filing record. If the appellant wishes to submit additional information within the appeal expiry period, then they can do so, and you can upload this information within the e-file case documents section. Please provide a brief note that the data pertains to a specific appeal and what is being corrected.

Payment

If a fee is paid by cheque and submitted later to the Tribunal, when is the appeal deemed to be filed (on the date of electronic submission, or the date on which payment is received), and how will the approval authority be notified of payment?

The appeal is considered filed when completed/submitted on the e-file system (to the correct approval authority). The date/timestamp on the electronic submission is the appeal filing date. The appeal fee may be submitted after the appeal is filed.

There is no separate notification sent to the approval authority when the fee is paid by cheque. OLT will handle the appeal fee reconciliation directly with the appellant. If the appeal fee is not paid, the appeal may be dismissed (the approval authority will be copied on any letters issued to the appellant seeking appeal fee payment and any appeal dismissal).

If a municipality has a separate fee for filing an appeal, then that municipal fee must be collected separately (not on the e-file portal), and this information (how the appellant should pay the separate municipal fee) must be included in your notice of decision.

Documentation and record-keeping

How do we get a PDF of the Appeal Form?

The approval authority is copied on all appeal confirmation emails to the appellant (or their representative). A PDF of the Appeal Form is attached to this email.

How do we access the documents attached to an appellant’s appeal?

You can only access these documents when the appeal is in the “Appeals Pending Review” and “Appeals Review in Progress” stages. Please be sure to download a copy of these documents for your records at this stage. IMPORTANT: Once you group the appeals into a case, you cannot access the documents.

If you forget to download the documents at this stage, you may request them from the  OLT after you submit the case package in e-file. The OLT is working towards a better solution for this in a future release.

The Case Summary screen provides a record of all the data you submit. To access this screen:

  • Go to the Approval Authority Cases
  • Select “Submitted Cases.”
  • Click on the relevant e-file case package ID number.
  • Select “Download PDF”. This will download a copy of the completed/e-filed M1 form to your computer.

You will also receive a PDF of your completed Municipal/Approval Authority (M1) Form by email after you submit your case package through e-file. In order to review the attached documents, however, you would need to individually access each one. There is not one compiled document that includes a summary of each page of each uploaded document. But each document can be accessed individually within the e-file portal. We are prioritizing an enhancement to the system to allow the approval authority to view, access, and share externally a consolidated municipal record.

Will appellants be able to access the case package/record sent by approval authorities to the Ontario Land Tribunal through e-file or, do we need to send the documents to the appellants ourselves?

Currently, appellants cannot access the approval authority case package within e-file. However, this is something that the OLT is  considering for a future upgrade to e-file.

Appellants may contact the OLT  to request a copy of the approval authority submission, or you may wish to share the documents proactively if it is your current process to do so.

How will certified copies be managed? The Planning Act stipulates that an Appeal needs to be a Certified True Copy.

An affidavit is required to be submitted as part of the ‘checklist’ items for most case types. The accompanying affidavit generally confirms that the enclosed appeal, municipal record, notice of decision, and other documents are true and accurate. Certified copies of documents (e.g., appeals received on paper/email or other documents) can be uploaded digitally.

Email notifications

How will the approval authority be aware that someone has submitted an appeal to them on e-file?

The approval authority receives the same appeal confirmation email issued to the appellant. The approval authority will receive a PDF of the Appeal Form attached to this email. Please keep this for your records, as this PDF is not available in the e-file portal.

Each approval authority user’s email address used to register for e-file (Level-1 and Level-2) will be copied on the appeal confirmation email.

How do we make sure the notification email is going to the right person at the approval authority office?

Only approval authority user’s email addresses that were used to register for e-file (Level-1 and Level-2) will be copied on the appeal confirmation email. If a user wishes to receive email confirmations, a Level-1 user can add them as a Level-2 user. They don’t have to use the e-file portal but will receive copies of all appeal email confirmations. A larger approval authority will likely have multiple users registered.

Does e-file provide email notifications when case status changes?

Currently, e-file is only for the submission of the initial case package. You can check the case status on the OLT website at: Case Status | Ontario Land Tribunal (gov.on.ca).

Does e-file provide notifications when an appeal deadline is coming up?

Currently, there is no trigger in the system to notify you when a deadline is coming up. E-file allows you to enter the appeal expiry date. It will also provide a time/date stamp of when an appeal is submitted.

If there is an appeal where the Region is the approval authority, will the lower tier municipality be notified through the system? How will the local municipality be brought into the loop?

No, e-file does not provide a notification to a lower-tier municipality for an appeal that is submitted to it’s upper-tier municipality. The lower-tier municipality would have to be notified by the upper-tier municipality outside of the e-file system, if required. This process would not change from the current process.

Secure email service

No. The OLT is maintaining  secure email as a back-up for certain situations that may arise and for approval authorities to submit appeal packages if they are not yet fully registered for the e-file service.

Broader case filings

Is the e-file system exclusively for filing appeals, or can it also be used for filing other case materials (e.g., for motions, hearings, and case management)?

The e-file portal is only to be used for appeals initiating/forwarding an appeal/case to the Tribunal. Any separate filing of documentation is to be conducted separately as per the directions throughout the case management process.