Dockets: LA03013
Order LA04-04

IN THE MATTER of an appeal by Dr. Elizabeth Bagnall-Taylor against a decision of the City of Charlottetown, dated December 8, 2003.

BEFORE THE COMMISSION

on Thursday, the 12th day of August, 2004.

Brian J. McKenna, Vice-Chair
Weston Rose, Commissioner
Norman Gallant, Commissioner

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Order

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WHEREAS the Appellant Dr. Elizabeth Bagnall-Taylor on December 31, 2003 filed with the Commission an appeal of a December 8, 2003 decision of the Respondent City of Charlottetown;

AND WHEREAS the Respondent, in its December 8, 2003 decision, denied the Appellant's application for a Home Occupation permit to allow the operation of a part-time chiropractic clinic;

AND WHEREAS the staff of the Commission advised the parties by letter dated January 21, 2004 that the appeal appeared to have been filed beyond the twenty-one day appeal period set out in subsection 28(1) of the R.S.P.E.I. 1988, Cap. P-8 (the Planning Act), said subsection which 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 written submissions were received from both the Appellant and the Respondent on February 23, 2004;

AND WHEREAS the Commission reviewed all documentation on file and the requirements of section 28 of the Planning Act;

AND WHEREAS the Commission finds that the Appellant's appeal was filed twenty-three days after the Respondent's decision and the Commission does not have the power to extend the appeal period set forth in 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 does not have the jurisdiction to hear this matter.

DATED at Charlottetown, Prince Edward Island, this 12th day of August, 2004.

BY THE COMMISSION:

Brian J. McKenna, Vice-Chair

Weston  Rose, Commissioner

Norman Gallant, Commissioner

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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.