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Appeals - Frequently Asked Questions

  1. The Town/City Council has ordered me to remove my shed. Do they have the authority to do that?
  2. What can I appeal?
  3. How much time do I have to make an appeal?
  4. How do I file an appeal?
  5. Will I receive the outcome of the appeal at the Hearing?
  6. Who sits on the Appeal Board?
  7. If I register an appeal today, when can I expect the Board to hear it?
  8. What powers does the Appeal Board have?
  9. How much does an appeal cost?
  10. If the appeal decision is in my favour, will I get my money back?
  11. If I am unsatisfied with the Board’s decision, what options are available?

1. The Town/City Council has ordered me to remove my shed. Do they have the authority to do that?

Yes.
Orders that are issued under the Urban Rural Planning Act, Municipalities Act, the City of Mount Pearl or the City of Corner Brook Act are permitted by an authority. However, you are able to appeal the decision.

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2. What can I appeal?

The following issues may be appealed:

  • Decisions that arise from a development application to an Authority
  • Any decision made under a town/city’s Development Regulations, Occupancy and Maintenance Regulations and /or Interim development regulations
  • Revocation of a permit
  • Issuance of a stop work order
  • Refusal of a building permit under Section 194 of the Municipalities Act
  • Decisions made by Government Services Centers related to Protected Road Zoning Regulations or Highway Signage Regulations.

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3. How much time do I have to make an appeal?

Once you have received your decision, you have 14 calendar days to appeal the decision to the applicable Appeal Board.

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4. How do I file an appeal?

You must complete the Regional Appeal Board Appeal Form and include an outline the grounds of your appeal on a separate page. This statement must be submitted to the Secretary of the Appeal Board along with your appeal form and fee.

Please include a copy of the decision or Order that you are appealing. The completed appeal form can be delivered or mailed to:

The secretary of the Regional Appeal Board

Department of Municipal Affairs
1st Floor, Confederation Building (West Block)
P.O. Box 8700
St. John’s, NL
A1B 4J6
Tel: (709) 729-3090
Fax: (709) 729-0477

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5. Will I receive the outcome of the appeal at the Hearing?

The Board considers all the evidence at the Hearing and has a mandate to deliver their decision in writing no later than 21 days.

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6. Who sits on the Appeal Board?

Each Board has 5 members and in order to hold a Hearing, a quorum of 3 must be present. The Boards are appointed by the Minister of Municipal Affairs and while they are a public body, they are not a Government Department or Agency.

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7. If I register an appeal today, when can I expect the Board to hear it?

On average the Board meets every 8 to 10 weeks. Appeals are heard on a first come, first served basis. It usually takes 2 to 4 months from the time the appeal is registered for it to be heard.

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8. What powers does the Appeal Board have?

The Board may confirm, reverse or vary the decision appealed from and may impose those conditions that the board considers appropriate in the circumstances and may direct the council, regional authority or authorized administrator to carry out its decision or make the necessary order to have its decision implemented.

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9. How much does an appeal cost?

The cost to register an appeal is $100 plus HST ($113 in total). Cheques or money orders must be payable to the Newfoundland Exchequer Account and accompany the appeal form in order for your appeal to be registered.

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10. If the appeal decision is in my favour, will I get my money back?

The Board may order the registration fee by paid back to you in its decision. If so, the money should be returned to your from the authority (e.g. Town/City Council).

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11. If I am unsatisfied with the Board’s decision, what options are available?

A decision of an Appeal Board may be appealed to the Newfoundland Supreme Court (Trial Division). The decision must be appealed not later than 10 days after you receive the decision. Alternatively, you may choose to reapply to your town/city council.

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