E-file: Approval Authority FAQs
- Governance, registration and usage requirements
- Case Types
- Specific appeal scenarios
- Where the municipality is itself an appellant
- Multiple appeals related to same case received at different times either through e-file, on paper or via email
- Late Appeals
- Duplicate of appeals
- Appeals affecting more than one legislative section
- Extended time periods for dispute resolution
- Withdraw of an appeal
- Appeals filed in error or with mistakes
- Changes after a case has been submitted to OLT
- Payment
- Documentation and record-keeping
- Email notifications
- Secure email service
- Broader case filings
Governance, registration and usage requirements
How will appellants know they are submitting an appeal to the correct group of offices? (e.g., clerks, committee of adjustment, city council)
Appellants can match the filing entity listed in public communications (such as a notice of decision, etc.) with the options in the e-file menu. To ensure these align, OLT requires approval authorities to provide the following during registration:
- the exact name of their filing entity or entities as it should appear in e-file
- a sample of their public communications on the appeal process
What should we do if we receive an appeal that was meant for a different approval authority?
If you identify an appeal that was filed in error with your approval authority, contact the appellant immediately to redirect them to the appropriate approval authority so they don’t miss the filing deadline. The appellants must file directly with the approval authority, following the instructions in the notice of decision. While not time sensitive, you must forward the appeal to the OLT through e-file so it can be correctly closed. Please ensure to update the appeal status to “Reviewed – Issue(s)” and select “Incorrect Approval Authority” in the Approval Authority Dashboard during your appeal review. You will then need to create a case (you do not need to include any Checklist items but be sure to upload any emails you sent to, or received from, the appellant) and forward the appeal to OLT on e-file. This removes the appeal from your dashboard and makes it available to OLT to review. You can contact the OLT if assistance is needed.
Yes. As of December 2, 2024, approval authorities are required to forward appeals to the Tribunal through e-file. However, the Tribunal recognizes that approval authorities may need time to update internal processes and documents to incorporate e-file. As such, until otherwise directed, the Tribunal will continue to accept appeals through existing channels (e.g., mail, courier, secure email) while approval authorities transition to the e-file registration process. For support with the registration process, read the e-file registration instructions.
How can we ask appellants to use e-file when legislation specifically directs that they file notices of appeal with the approval authority (e.g., municipality), not the Ontario Land Tribunal?
Using e-file does not mean the appellant is filing directly with the OLT. Rather, they are selecting the appropriate approval authority in the e-file system. The appeal is then directed to that approval authority’s portal on e-file. OLT only receives the appeal when the approval authority forwards it through e-file as part of a case package.
Our municipality or region does not have planning responsibilities. Do we still need to register for e-file?
If your municipality or region receives any appeals for any matters that must be filed with/forwarded to the OLT, you are strongly encouraged to register for e-file. If you do not receive appeals, registration is not required. Consider, for example, whether you might receive appeals related to the Development Charges Act. If there are any non-Planning Act related appeals that would still be filed with the municipality or region, then you would need to register for e-file to forward those appeals to the Tribunal.
In the case of two-tier municipalities, where the lower tier is the approval authority, can both tiers access and view/upload the same file in the portal?
Yes. The approval authority’s main e-file administrator(s) (Level-1 user(s)) can grant access to any staff, including any staff from the upper tier as Level-2 users. You can also download and share for input, information from the e-file portal (even in draft form). Only Level-1 and Level 2 users can upload documents.
With changes to the Planning Act only allowing a "specified person" to appeal, how can we verify that the individual is a specified person?
You can rely on the appellant’s answers to the required question in the e-file portal, where they must identify whether they are the owner, a specified person, a public body, etc. If the appellant has not identified themselves as a “specified person”, you must still forward the appeal in a case package to OLT and the matter will be reviewed.
You can register a generic/shared email as a level-1 administrator/user, but only one user can be signed in at a time with that account. If you use both a shared email and individual staff emails with Level-1 access, then all emails with Level-1 access will be copied on all appeal and case confirmation emails, ensuring nothing is missed.
Keep in mind that when a user logs in with their own specific work email address, the system tracks their actions (e.g., “Created by,” “Modified by,” and “Submitted by”). This helps you to internally see who last worked on a case. When the case is submitted to OLT, it will show the name of the logged-in user who submitted it.
Case Types
How do I know what case type to choose?
The case type is the subject of the application that is being considered (for example, zoning by-law amendment, minor variance, land severance, motion, etc.). If you don’t know the case type, you can check the case type chart on our website, which shows the different case types and their corresponding legislation and section number. In e-file, you can also search for the legislation and section number first, and the case type should auto-filter when you select the magnifying glass on the Case Type search field.
If there is no clear legislation listed for your matter, you can select the “Legislation not listed” checkbox, and a case coordinator will review your submission to advise of next steps. You will be prompted to identify the subject of your appeal on a later screen as you proceed through the appeal smart form.
Specific appeal scenarios
Where the municipality is itself an appellant
To file an appeal with the OLT where your approval authority is the appellant, follow the e-file instructions for public users (appellants). If you are not filing directly with the OLT, make sure that the approval authority you are filing with is registered on e-file. If they are not registered, you must file manually using the A1 Form.
Late appeals
You can submit late appeals through e-file with a cover letter explaining that the appeal is late.
When reviewing the appeal in the Approval Authority Dashboard:
- Select the appeal status “Reviewed – Issue(s)”
- Select “Late Appeal” as the issue type.
You will then need to create a case and forward the appeal to OLT on e-file. This step is necessary to remove the appeal from your dashboard and make it available for OLT to review.
The OLT will then determine whether to accept the late appeal. If the appeal is not accepted, a refund may be issued (if applicable). Note that the Tribunal cannot extend a time period to file an appeal prescribed in a statute or regulation.
If the appeal relates to a case that has already been submitted to OLT, e-file will have locked that case for further additions. In this circumstance, you can create a duplicate case and include the related e-file case number in a cover letter that you upload in the Documents section.
Duplicates of appeals
You should:
- scan any documentation received on paper
- upload the documents as attachments to your case package in e-file
- include a note with the name of the appellant(s) who submitted duplicate appeals and the filename(s) of any duplicate document(s).
Appeals affecting more than one legislative section
Can an appellant select more than one section at a time per appeal or must they complete another form?
Appellants can only select one appeal type at a time (e.g., Zoning, Official Plan Amendment and Site Plan). The OLT is working on a multi-selection option for a future release of e-file.
Can approval authorities group multi-section appeals together into one case?
No. The OLT considers appeals related to different instruments as separate but related cases. Each would receive its own OLT case number with one being the lead case. For example, you would have to create:
- one case for the Official Plan Amendment (with all related appeals grouped); and,
- another case for the Zoning By-Law Amendment (with all related appeals grouped).
You can link related cases in two ways:
- If the case has already been submitted to OLT, use the “Related Case” look-up function in e-file. The option appears near the end of the case submission process flow after you have uploaded your documents.
- If you are submitting two related cases at the same time, make a note in the “Additional Information” section or add as a note in a cover letter uploaded to the submission.
If you are submitting two cases at the same time, for example, an official plan amendment and a zoning by-law amendment, you can upload all documents that relate to both the cases into the first case (i.e., the Official Plan Amendment). This case will become the ”Lead” case. If there are documents that relate specifically just to the zoning by-law, for example, then you would still need to upload them within the checklist items for the zoning by-law case. Please ensure to make a note in the Additional Information field (for both cases) to advise OLT staff where to find the checklist items that relate to both cases. For example, you might say: “Please see XX case for the full checklist items concerning both OPA 888 and By-law 123.”
Withdrawal of an appeal
Include the withdrawn appeals in your cover letter when submitting documents. You must still transmit the e-filed appeal to the OLT, even if it is the only appeal in the case. No checklist documents are required. The cover letter allows the OLT to close the appeal in the system and process any applicable refunds.
Appeals filed in error or with mistakes
You must submit the appeal to the OLT through e-file to resolve. In the “additional information” section or in your cover letter, explain the issue. For example, you might indicate that there is no jurisdiction or no decision was made, so no appeal rights exist. No checklist documents are required. The OLT is working on developing a better solution for this scenario in a future update to the e-file portal.
Appeal records submitted by appellants should not be modified by approval authorities, as they are a ‘record’. However, when creating a case in the e-file portal, approval authorities can confirm/correct:
- the Reference Number (e.g., By-law #123)
- the Subject Property Address.
All information submitted by the appellant forms their appeal filing record. If the appellant wishes to submit additional or corrected information before the appeal deadline, then they can do so. You can upload this information in the e-file case documents section. Include a brief note explaining which appeal the data pertains to and what is being corrected.
Changes after a case has been submitted to OLT
I’ve already submitted the case to OLT on e-file, but I need to correct something or add a document. What do I do?
Once a case is submitted to OLT through e-file, it is locked, and you can no longer make changes or upload documents.
To submit corrections or additional documents, e-mail them to olt.registrar@ontario.ca. Be sure to include the e-file case ID number or the OLT case number if it has already been assigned.
Payment
If a fee is paid by cheque and submitted later to the Tribunal, when is the appeal considered filed? How will the approval authority be notified of the payment?
An appeal is considered filed on the date it is submitted on the e-file system to the correct approval authority. The date and timestamp on the electronic submission is the official filing date. The appeal fee may be submitted after the appeal is filed.
Approval authorities do not receive a separate notification when the fee is paid by cheque. OLT manages fee reconciliation directly with the appellant. If the appeal fee is not paid, the appeal may be dismissed. The approval authority will be copied on any emails or letters sent to the appellant seeking appeal fee payment or dismissal.
If your municipality or approval authority has a separate fee for filing appeals, it must be collected outside of the e-file portal. You must include instructions for how the appellant should pay the municipal fee in your notice of decision.
Documentation and record-keeping
How do we get a PDF of the completed Appeal Form?
A PDF of the completed Appeal Form is attached to the appeal confirmation emails to the appellant (or their representative). The approval authority is copied on these emails. You can also view and download the PDF in two places on e-file:
- In the Approval Authority Dashboard tab by searching for the specific appeal
- In the Approval Authority Cases tab after the appeal is grouped into a case. Search for the case and find the appeal in the “Appeals” section of the case summary.
How do we access the documents attached to an appellant’s appeal?
You can view and/or download the appellant’s supporting appeal documents in the Approval Authority Dashboard tab in any of the appeal review views or the “Appeals Added to a Case” view:
- Click the Appeal ID that you’re looking for.
- This will open up the appeal summary where you can select “Show More Details”.
- Scroll down to the Documents section.
- To view the documents, click on any of the documents listed under “Attached Documents” or use the down arrow on the right and select “View Documents”.
The Case Summary screen provides a record of all the data you submit. To access this screen:
- Go to the Approval Authority Cases
- Select “Submitted Cases.”
- Click on the relevant e-file case package ID number.
- Select “Download PDF”. This will download a copy of the completed/e-filed M1 form.
You will also receive a PDF of the completed Municipal/Approval Authority (M1) Form by email after submitting your case package through e-file.
To review attached documents, you must individually access each one in the “Documents” section of the case. There is currently no compiled document that summarizes all uploaded documents. However, we are prioritizing an enhancement to the system to allow approval authorities to view, access, and share externally a consolidated municipal record.
Will appellants be able to access the case package/record submitted by approval authorities to the Ontario Land Tribunal through e-file or do we need to send the documents to the appellants ourselves?
Currently, appellants cannot access the approval authority’s case package through e-file. However, this is something that the OLT is considering for a future upgrade to e-file.
Appellants may contact the OLT to request a copy. You may also wish to share the documents proactively, depending on your current process.
How are certified copies managed? The Planning Act stipulates that an Appeal needs to be a Certified True Copy.
An affidavit is required as part of the checklist items for most case types. The accompanying affidavit generally confirms that the appeal, municipal record, notice of decision, and other documents are true and accurate. Certified copies of documents, such as appeals received on paper, email or other documents can be uploaded digitally.
Email notifications
How will the approval authority know that someone has submitted an appeal to them on e-file?
The approval authority receives the same appeal confirmation email that is sent to the appellant. This includes a PDF copy of the Appeal Form, which is attached to the email. The appeal confirmation email and the PDF are also stored in the e-file portal under the “Documents” section of the appeal.
Each approval authority user’s email address used to register for e-file (Level-1 and Level-2) will be copied on the appeal confirmation email.
How do we make sure the confirmation email goes to the right person at the approval authority?
Only approval authority users’ email addresses registered in e-file as Level-1 and Level-2, will receive the appeal confirmation email. If someone needs to receive email confirmations, a Level-1 user can add them as a Level-2 user. They don’t have to use the e-file portal, but they will receive all appeal confirmation emails. Larger approval authorities may have multiple users registered.
Does e-file send email notifications when case status changes?
Currently, e-file is only for the submission of the initial case package. You can check the case status on the OLT website at: Case Status | Ontario Land Tribunal (gov.on.ca) by searching for the OLT Case Number. Please note: after you submit a case, you can see the OLT Case Number in e-file under the “Submitted Cases” screen in the Approval Authority Cases tab.
Does e-file send notifications when an appeal deadline is coming up?
No. E-file does not currently send notifications for upcoming deadlines. You can enter the appeal expiry date in the system in order to assist you with identifying appeals that are filed late. E-file does provide a time/date stamp of when an appeal is submitted.
No. The OLT is working on a solution for this in a future update.
If there is an appeal where the Region is the approval authority, will the lower tier municipality be notified through e-file? How will the local municipality be brought into the loop?
No, e-file does not send notifications to lower-tier municipalities when an appeal is submitted to its upper-tier municipality. The lower-tier municipality would have to be notified by the upper-tier municipality outside of the e-file system, if required. This process would not change from the current process.
Secure email service
The e-file service was developed to replace other methods of submission. However, the OLT continues to maintain its secure email for document submission in unique circumstances.
Broader case filings
Is e-file only for filing appeals, or can it also be used for filing other case materials (e.g., for motions, hearings, and case management)?
The e-file portal is only for initiating or forwarding an appeal/case to the Tribunal. All other case-related documentation is to be submitted separately as per the directions throughout the case management process.