IN THE MATTER of an appeal by Edward Rice against a decision by the Town Council of Souris, dated July 10, 2000.BEFORE THE COMMISSION
on Friday, the 29th day of September, 2000.
Ginger Breedon, Vice-Chair
Maurice Rodgerson, Commissioner
Order
WHEREAS on August 16, 2000, the Commission received a Notice of Appeal filed by Edward Rice (the Appellant) against a decision of the Town Council of Souris (the Respondent), dated July 10, 2000, to amend the Town of Souris Official Plan and Zoning and Subdivision Control Bylaw in respect of a proposed development by A.E. MacPhee Company Ltd. (the Developer);
AND WHEREAS the Commission's jurisdiction in appeals of this nature is set out in Section 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 Notice of Appeal was received by the Commission on the 37th 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 Appellant's right of appeal had expired;
AND WHEREAS the Respondent submitted that the Commission is without jurisdiction;
AND WHEREAS the Appellant responded stating among other things that he was not aware that he had only 21 days to appeal the Respondent's decision;
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 Section 28;
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 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 29th day of September, 2000.
BY THE COMMISSION:
Ginger Breedon, Vice-Chair
Maurice Rodgerson, 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.
