Docket: LA04020
Order LA04-11

IN THE MATTER of an appeal by Andre J. Darville of a decision by the Town of Cornwall, dated June 16, 2004.

BEFORE THE COMMISSION

on Wednesday, the 20th day of October, 2004.

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

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WHEREAS Andre J. Darville (the Appellant) filed a Notice of Appeal, dated June 30, 2004 and received by the Commission on July 5, 2004, appealing the June 16, 2004 decision of the Town of Cornwall (the Respondent) to rezone the By-Ways Trailer Park form RM1 (Mobile Home) to R3 (Multiple Family Residential);

AND WHEREAS the Commission has been advised by the Respondent that the change in the zoning designation of the By-Ways Trailer Park occurred as a result of the Respondent's new Development Bylaw, Bylaw #403, which received second reading and was adopted by the Respondent'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 14, 2004 on the preliminary issue of whether the Commission has the jurisdiction to hear this appeal;

AND WHEREAS the Commission on September 8, 2004 received written submissions from the Appellant on the preliminary issue of jurisdiction concerning this appeal;

AND WHEREAS the Commission on September 9, 2004 received written submissions from the Respondent on the preliminary issue of jurisdiction concerning this appeal;

AND WHEREAS the Commission has not received a written submission from MacLennan Holdings Ltd. (the Developer)

AND WHEREAS the Commission reviewed all the information on file for this appeal;

AND WHEREAS the Commission takes notice of the decision of the Commission Order LA00-01 Arthur Jennings et al v. The City of Charlottetown;

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 Order LA00-01 is applicable to the present appeal;

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 20th day of October, 2004.

BY THE COMMISSION:

Maurice Rodgerson, Chair

Brian J. McKenna, Vice-Chair

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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.