Docket: LA02004
Order LA02-04

IN THE MATTER of an appeal by Thomas Perry against a decision by the Community of Tignish, dated January 15, 2002.

BEFORE THE COMMISSION

on Thursday, the 29th day of August, 2002.

Maurice Rodgerson, Vice-Chair
Arthur Hudson, Commissioner
Anne Petley, Commissioner

Order

WHEREAS on May 14, 2002, the Commission received a letter of appeal from Thomas Perry (the Appellant) against a decision of the Community of Tignish (the Respondent), dated January 15, 2002, to deny the Appellant's application to expand Provincial Property Number 6551;

AND WHEREAS the Commission's jurisdiction in appeals of this nature is set out in Subsection 28(1) of the Planning Act (the Act), R.S.P.E.I. 1988, Cap. P-8, which states:

28.(1)Subject to subsection (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 Appellant's letter of appeal was received by the Commission on the 119th day after the Respondent's decision;

AND WHEREAS following receipt of the appeal, the Commission invited written comments from the Appellant and the Respondent on the issue of whether the Appellant's right of appeal had expired;

AND WHEREAS the Respondent, while offering submissions on the merits of the appeal, did not provide submissions specifically on the issue of whether or not the Appellant's right to appeal had expired;

AND WHEREAS the Appellant did not file any submissions on the issue of whether or not his right to appeal had expired;

AND WHEREAS the Commission is a creature of statute and only has the authority expressly conferred upon it by the Legislature;

AND WHEREAS the Legislature through the Planning Act, has clearly stipulated a time limitation for the filing of an appeal as set out in Subsection 28(1);

AND WHEREAS the Commission has no authority to waive the provisions of the Act;

AND WHEREAS the date of the decision and the date of the letter of appeal are not in dispute;

IT IS HEREBY ORDERED that the Commission is without jurisdiction to hear this appeal.

DATED at Charlottetown, Prince Edward Island, this 29th day of August, 2002.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair

Arthur Hudson, Commissioner

Anne Petley, Commissioner

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.