Appeals

The Niagara Escarpment Planning and Development Act provides certain parties with rights to appeal Niagara Escarpment Commission (NEC) decisions on Development Permit Applications. Appeals must be based on a valid, relevant planning or environmental reason.

For example, if you applied to the Commission for a Development Permit, and you disagree with the NEC’s decision on your application, you have the right to appeal within 14 days of the mailing date of the decision.

Or, for example, if a neighbour within 120 metres of your property is granted a Development Permit, and you wish to appeal that decision, you have the right to do so. Others involved in the planning process, such as your municipality, may also have the right to appeal.

An appeal hearing is conducted in your area by a hearing officer appointed by the Minister of Natural Resources, usually within two to three months. It is not necessary to have a lawyer represent you, although some people do.

At the hearing, Commission planners present the staff report and explain the Commission’s decision. Appellants present the reasons for their appeal and may question evidence presented by others, including the NEC.

When the hearing is over, the hearing officer writes a report. The report may confirm the Commission's decision, or may make a recommendation to the Minister of Natural Resources, to alter the Commission’s decision. A decision on an appeal is final.

Appeals are heard by the Hearing Officers appointed from the Niagara Escarpment Hearing Office within the Environmental Review Tribunal. For information about appeals and hearings, visit the Niagara Escarpment Hearings link at the ERT site. The Environmental Review Tribunal's website contains information on how to appeal, the Rules of Practice which apply to hearings, and a listing of ongoing appeals, as well as on-line full-text versions of appeal decisions.

Note: The Niagara Escarpment Hearing Office of the Ontario Environmental Review Tribunal (ERT) will decide whether you have grounds for an appeal. An appeal may be found to be frivolous if the reasons for the appeal are not based on valid planning or environmental grounds. For further information, contact the ERT directly at (416) 314-4600 or email the Tribunal's Secretary.