What is the Planning Appeals Committee?
Pursuant to The Planning and Development Act, 2007, and The Municipal Board Act, the
Planning Appeals Committee hears and renders decisions on appeals
at the provincial level arising from decisions of local development
appeals boards, subdivision approving authorities and appeals where
there is no local development appeals board.
As explained earlier in the discussion about the board's mandate,
hearings for this committee are conducted under what is best described as a Hybrid Model, leaning more to the
What may be appealed to the Planning Appeals Committee?
The Planning and Development Act, 2007 (the Act) provides
for a number of circumstances under which appeals may be filed:
- from a decision of the municipality’s Development Appeals
Board regarding development permits, conditions of a discretionary
use, interim development control, subdivisions or orders to correct
- from a decision of the municipal council regarding the holding
provisions of a zoning bylaw or developments in a direct control
- in some cases, appeals may be made directly to the committee
(e.g. any subdivision matters where there is no municipal Development
- if you believe that a decision of the Development Appeals Board
respecting nearby property affects you adversely.
In most cases, the party or agency whose decision you wish to appeal
will advise you of your rights and the procedures to follow. If
you have any doubts, contact your local municipal administrator/city hall.
How do I file my appeal to the committee?
Any notice of appeal to the committee must be filed in
writing with the Secretary of the Planning Appeals Committee. You
must set out the reasons for your appeal in your notice of appeal.
In the case of an appeal from a decision of a Development Appeals
Board, also set out any grounds on which you feel the board erred
in its decision.
How do I contact the secretary?
When appealing, your notice of appeal should be addressed to:
Secretary, Planning Appeals Committee
Saskatchewan Municipal Board
480 - 2151 Scarth Street
Regina, SK S4P 2H8
Phone: (306) 787-2644 or (306) 787-6227
Fax: (306) 787-1610
How much time do I have to file my appeal?
Time may be a critical factor in determining your access
to the appeal process, so be sure to inquire about your rights as
soon as you identify an issue. Appeals from a decision of the Development
Appeals Board must be sent to the committee secretary’s office
within 20 days of the date on which you received the board’s
decision. Appeals from the denial of a subdivision application,
or on a servicing agreement, or interim development control, must
be sent to the committee within 30 days of the date on which you
received the decision of the approving authority or council. When
the subdivision or interim development control matter was appealed
to the Development Appeals Board, then your appeal must be sent
to the committee’s secretary within 20 days of receiving the
Is there a fee to be paid?
Appeals to the committee incur a fee of $50. The fee should be submitted
within the appeal period specified by the Act. Ideally, the fee
should accompany your notice of appeal. If an appeal and the required
fee are not filed within the specified time period, your appeal
may be rejected. Exceptions are granted only under rare circumstances.
What is the “record” of the board?
Once an appeal is filed from a decision of the Development Appeals
Board, the board’s secretary is required to send the following
information to the committee:
- a copy of the notice of appeal to the Development Appeals Board;
- the date on which, for example, a development permit was approved
or denied by the municipality, along with copies of any such documents;
- copies of any material filed with the Development Appeals Board,
prior to its hearing;
- any exhibits filed at the Development Appeals Board’s
- the minutes of the Development Appeals Board’s hearing
on the appeal;
- the written decision of the Development Appeals Board, including
the reasons for the board’s decision [The Development Appeals
Board is required to show how it dealt with the evidence presented
to it, within the criteria set by any relevant part of the Act
(e.g., Section 221(d)];
- any other material relevant to the appeal and to the Development
Appeals Board’s statutory obligations.
When will my appeal be heard by the committee?
The committee provides at least 60 days
notice of the hearing to ensure parties have adequate time to prepare their respective cases and to file written documentation.
If the parties agree that the matter could be heard on shorter notice, the committee would consider a written request
from the parties to hear the appeal at an earlier time.
May I present evidence to the committee?
If your appeal is against a Development Appeals Board decision, your appeal should be based on the record provided by the Development Appeals Board. The committee is
restricted to reviewing the record for error and cannot accept new evidence, except in certain circumstances. You may present evidence in the case of a direct appeal
to the committee (see 'What May be Appealed to the Planning Appeals Committee' above).
Ideally, you should present as full a case, including all evidence you consider to be important or relevant, when you first present your appeal to the Development
Appeals Board. You will likely be asked, by the committee, to show how or where the Development Appeals Board went wrong in considering that evidence or the information
presented, by other parties, at the board's hearing.
If the Development Appeals Board’s record is incomplete, you may choose to show how and/or where those failings
occurred. You are urged, therefore, to review carefully the record
provided to the committee by the Development Appeals Board. A copy
of the record is on file in the office of the Development Appeals
Board’s secretary or at the office of the Saskatchewan Municipal
Board in Regina.
May I make written submissions to the committee?
Parties who wish to present written material or argument must do so according to the following procedure:
The appellant must deliver the materials to the committee and the respondent at least 30 days prior to the
scheduled hearing date. The respondent must deliver the materials to the committee and the appellant at
least 15 days prior to the scheduled hearing date.
When is new evidence admitted by the committee?
The committee will only accept new evidence when it is
- the evidence is relevant;
- through no fault of the person seeking to submit new evidence,
the record of the Development Appeals Board is incomplete, unclear
or inadequate, in relation to the reasons set out by the Development
Appeals Board for its decision;
- the party can establish that relevant information has come to
his/her attention that was not obtainable or discovered, through
the exercise of due diligence, at the time of the Development
Appeals Board’s hearing.
What happens at a hearing?
Hearings before the committee are conducted as follows:
- you will be asked whether you consider the Development Appeals
Board’s record to be complete;
- the committee will hear any arguments respecting the Development
Appeals Board’s or the committee’s jurisdiction to
consider the appeal;
- the appellant will be heard first, followed by the respondent;
- both parties will present their opening statements and their
arguments respecting the appeal;
- where additional evidence has been allowed, both appellant and
respondent may provide rebuttal argument (if needed);
- both principal parties may present summary statements, if they
- the committee may ask questions at any time during the hearing.
More information on the Appeal
May I have someone represent me at the hearing?
Yes. You may have legal counsel or any other person whom
you feel can adequately present your case for you. In addition,
you may personally present relevant information should you feel
Parties are expected to appear at the scheduled hearing, either in person or by agent, to enter argument.
In the event a party fails to appear, after consultation with the attending party, the Committee will
proceed in one of the following ways:
- adjourn the hearing to another date;
- dismiss the appeal outright;
- proceed with the hearing in the party's absence.
Decisions of the Committee are rendered in writing, with reasons, as
soon as possible after the hearing.