Order LA99-10 - LA99031 - Planning Appeal - Maureen Sinnott & Marie-Claire Arsenault (Dec. 2/99)

Docket LA99031
Order LA99-10

IN THE MATTER of an appeal by Maureen Sinnott and Marie-Claire Arsenault against a decision by the City of Charlottetown, dated September 9, 1999.

BEFORE THE COMMISSION

on Thursday, the 2nd day of December, 1999.

Ginger Breedon, Vice-Chair
Elizabeth MacDonald, Commissioner

Order

WHEREAS on October 22, 1999, the Commission received an appeal filed by Maureen Sinnott and Marie-Claire Arsenault (the Appellants) against a decision of the City of Charlottetown (the Respondent), dated September 9, 1999. The Respondent's decision was to issue a building permit to Brian Howatt (the Developer).

AND WHEREAS the Commission's jurisdiction in appeals of this nature is set out in Section 28(1) of the Planning Act, which states:
28(1) Subject to subsection (1.1) and (2), 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, appeal to the Commission. (Emphasis added)

AND WHEREAS the Notice of Appeal was received by the Commission on the 43rd day after the Respondent's decision;

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

AND WHEREAS in the Appellants' Notice of Appeal, the Appellants state:
…It is acknowledged that the appeal requesting the Building Permit be rescinded is beyond the specified appeal period… However, IRAC is requested to waive the appeal period, employ an objective view of the complaint and hear the appeal, particularly in view of the concept of what a "reasonable well-informed person could be expected to know".

AND WHEREAS both the Respondent and the Developer responded with their comments that the Commission is without jurisdiction.

AND WHEREAS the Commission is a creature of statute and only has the authority expressly conferred upon it by the Legislature. In this case, the Legislature through the Planning Act, has clearly stipulated a time limitation for the filing of an appeal and the Commission has no authority to waive the provisions of the Act.

AND WHEREAS Section 28 of the Planning Act clearly limits the time for filing an appeal;

AND WHEREAS the date of the decision and the date of the Notice 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 2nd day of December, 1999.

BY THE COMMISSION:

Ginger Breedon, Vice-Chair
Elizabeth MacDonald, 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.