Dockets: LA04024 and LA04025
Order LA04-09

IN THE MATTER of an appeal by Andrew Bain and an appeal by J. Mike Campbell against a decision by the Town of Cornwall, dated July 26, 2004.

BEFORE THE COMMISSION

on Tuesday, the 12th day of October, 2004.

Maurice Rodgerson, Chair
Weston Rose, Commissioner

---

WHEREAS the Appellants Andrew Bain and J. Mike Campbell each filed a Notice of Appeal received by the Commission on August 16, 2004 and each Notice of Appeal seeks to appeal a purported decision of the Town of Cornwall made on July 26, 2004 to approve Section 8 (Rural Residential Zone) of Bylaw #403, the Town of Cornwall Zoning and Subdivision Control (Development) Bylaw; 

AND WHEREAS the Commission has been advised by the Town of Cornwall that the Town's new Development Bylaw, Bylaw #403, received second reading and was adopted by the Town's Council on June 16, 2004 and received the approval of the Minister of Community and Cultural Affairs on July 26, 2004;

AND WHEREAS the Commission on August 31, 2004 invited the parties to file written submissions, said submissions due on or before September 21, 2004 on the preliminary issue of whether the Commission has the jurisdiction to hear these appeals;

AND WHEREAS the Commission on September 9, 2004 received written submissions from the Town of Cornwall on the preliminary issue of jurisdiction concerning these appeals;

AND WHEREAS the Commission has not received a written submission from either Appellant;

AND WHEREAS the Commission reviewed all the information on file for both appeals;

AND WHEREAS the Commission takes notice of the decisions of the Commission in Order LA98-02 Gary L. Painter v. Minister of Community Affairs and Attorney General and Order LA00-01 Arthur Jennings et al. v. the City of Charlottetown;

AND WHEREAS the Commission held in Order LA98-02 that the Minister's decision to approve a bylaw amendment under section 17 of the Planning Act, R.S.P.E.I. 1988, Cap. P-8 is not a decision which can be appealed under section 28 of the Planning Act;

AND WHEREAS the Commission held in Order LA00-01 that where a municipality has developed a new Official Plan and Bylaw, the Commission does not have the jurisdiction to hear an appeal of these decisions and the Commission also does not have the jurisdiction to hear an appeal of the decision of the Minister to approve a bylaw under section 17 of the Planning Act and an Official Plan under subsection 14(2) of the Planning Act;

AND WHEREAS the Commission finds, based on the information before it, that the reasoning of the Commission in Orders LA98-02 and LA00-01 is applicable to the present appeals;

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 these appeals.

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

BY THE COMMISSION:

Maurice Rodgerson, Chair

Weston Rose, 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.