Docket: LA05007
Order LA05-07

IN THE MATTER of an appeal by Andrew J. Darville of a purported decision of the Town of Cornwall dated February 21, 2005.

BEFORE THE COMMISSION

on Friday, the 3rd day of June, 2005.

Maurice Rodgerson, Chair
Brian J. McKenna, Vice-Chair

Order

WHEREAS Andre J. Darville (the Appellant) filed a Notice of Appeal, dated March 14, 2005, appealing a February 21, 2005 letter prepared by the staff of the Town of Cornwall (the Respondent) responding to a February 7, 2005 letter received by the Respondent from the Appellant concerning the By-Ways Trailer Park;

AND WHEREAS the Commission on March 18, 2005 invited the parties to file written submissions, said submissions due on or before April 22, 2005 on the preliminary issue of whether the Commission has the jurisdiction to hear this appeal;

AND WHEREAS the Commission received written submissions from the Respondent dated March 29, 2005 and from the Appellant dated April 21, 2005;

AND WHEREAS the Commission reviewed the submissions and all documentation on file for this appeal;

AND WHEREAS the Commission notes that subsection 28(1) of the Planning Act reads as follows:

28. (1)  Subject to subsections (2), (3) and (4), any person who is dissatisfied by a decision of a council or the Minister in respect of the administration of regulations or bylaws made pursuant to the powers conferred by this Act may, within twenty-one days of the decision appeal to the Commission. (emphasis added)

AND WHEREAS the Commission finds that the Respondent's letter of February 21, 2005 merely served to explain the Respondent's Zoning and Development Bylaw in response to the concerns outlined in the Appellant's February 7, 2005 letter and therefore, the Commission finds that the Respondent's February 21, 2005 letter was not a decision within the meaning of subsection 28(1) of the Planning Act;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act

IT IS ORDERED THAT

1.    The Commission is without jurisdiction to hear this appeal.

DATED at Charlottetown, Prince Edward Island, this 3rd day of June, 2005.

BY THE COMMISSION:

Maurice Rodgerson, Chair

Brian J. McKenna, Vice-Chair

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.