Airpark’s central submission on this appeal is that, on its
face and in its operation and effect, the order improperly gives
By-law 64-2014 retroactive effect.
(a) The 2014 by-law
 I turn first to the language of the 2014 by-law. The by-law
repeals the 2003 by-law and makes no provision for its continuing application. Part 14 of the 2014 by-law provides that the
2003 by-law “is hereby repealed” (s. 14.01) and that the 2014
by-law “shall come into full force and effect on the date of its
passing” (s. 14.02). There is no transitional provision to bridge
the repeal of the 2003 by-law and the enactment of the 2014
by-law. I discuss below the question whether the 2003 by-law is
continued by the Legislation Act, 2006, but note here that the
2014 by-law does not have that effect.
 Like the 2003 by-law, the 2014 by-law requires anyone
who proposes to dump or remove fill or to alter the grade of
lands within the municipality to obtain a permit to do so unless
there is something in the by-law stating that a permit is not
required. Section 2.02 of the 2014 by-law provides:
No person shall place, dump, cut or remove any fill, or cause or permit the
placing, dumping, cutting or removal of fill on, nor alter or cause or permit
the alteration of the grade of any lands in the City, including any lands
which are submerged under any watercourse or other body of water, or
along the Lake Ontario or Burlington Bay shoreline, without having first
obtained a Site Alteration Permit issued by the Director, unless this By-law
states it does not apply or that such a Permit is not required.
 The application for a permit triggers a process of review,
discussion and consultation with municipal officials regarding
the proposed fill and grading work and the measures that must
be taken to ensure that such work complies with the by-law’s
 Part 4 of the by-law provides for the site alteration application process. A person applying for a permit meets with municipal officials to assess the plan and to determine whether a
permit is required and if a permit can be issued. Section 4.04.01
contains the detailed requirements for an application for a site
alteration permit and s. 4.04.02 stipulates the requirements of a
control plan that is to be submitted at the same time. Detailed
provision for the required supporting documentation is made in
s. 4.06 and the required details of hauling information is set out
in s. 4.08. Part 5 sets out additional requirements for applications for permits for large scale operations.
 Part 6 sets out in considerable detail the conditions for
the issuance of site alteration permits.