Item - 2025.PH21.2

The Planning and Housing Committee recommends that:

1. City Council decrease the panel member composition of the Toronto Local Appeal Body (TLAB) from fourteen (14) to ten (10) part-time members including a Chair and Vice-Chair, and that the decrease be achieved through the elimination of TLAB member positions upon the completion of current terms of appointment, with the exception of any public appointments required for the Chair position, until such point as the TLAB membership is comprised of ten (10) members inclusive of a Chair and Vice Chair.

The Toronto Local Appeal Body (TLAB) is an independent, quasi-judicial Adjudicative Board (tribunal) that allows for minor variance and consent applications under Sections 45 and 53 of the Planning Act. The TLAB is composed of fourteen (14) members, consisting of the Chair, Vice-Chair, and twelve (12) panel members. Members are appointed on a part-time basis for a four (4) year term by the City Council, based on recommendations made by the citizen-based Tribunal Nominating Panel.

In 2017, the TLAB was established with a panel member complement consisting of a total of seven (7) members, including the Chair. Subsequently, to address the high member workload, City Council increased the number of members on two occasions: first, in 2019, increasing the number to ten (10), and again in 2022, further increasing the total complement to fourteen (14).

The Provincial government enacted legislative changes in November 2022, through the passage of Bill 23 More Homes Built Faster Act, 2022. Bill 23 amended the Planning Act to remove "third party" appeals to the TLAB for Committee of Adjustment decisions which accounted for a significant number of TLAB appeal volumes. The TLAB received 263 appeals in 2022 which declined to 116 (-56 percent) in the year following the enactment of Bill 23, and a further decline to 97 (-16 percent) appeals in 2024. This decline has led to a corresponding decrease in TLAB hearings and the overall workload for panel members presiding over hearings. TLAB appeal hearings fell from 306.5 in 2022, to 178.5 in 2023, and 96 in 2024. Hearing assignments for members have decreased significantly, from multiple assignments per month before Bill 23 to fewer than one hearing per month since, resulting in lengthy periods between hearing assignments.

This report recommends that City Council approve a reduction in the TLAB member complement from fourteen (14) to the previous complement of ten (10) part-time members, including a Chair and Vice-Chair. This would be achieved by eliminating current and future vacancies until the approved membership is reached. This reduction will help address the significantly reduced workload for TLAB members and support the recruitment and retention of high-caliber and engaged panel members.