Land Use Planning and Protection Act, 1995
EXPLANATORY NOTE
PART I
PLANNING ACT
Numerous changes are made to the planning process. The major changes are as follows:
1. The definition of "public body" has been limited in scope for the purpose of filing appeals and may be further limited by regulation. (Section 1 of the Bill)
2. The power to prescribe "other matters" to be of provincial interest for the purpose of section 2 has been removed. (Section 2 of the Bill)
3. The criteria for exercising any authority that affects planning matters has been changed to "have regard" to policy statements from the previous "be consistent with" standard. (Section 3 of the Bill)
4. The power of the Minister to exempt a plan or proposed official plan amendment from an approval by an approval authority cannot be delegated to council or further delegated by council. (Sections 4 and 5 of the Bill)
5. The Minister is given the power to delegate his or her powers to a planning board without its request if the board has an official plan. (Section 4 of the Bill)
6. Subsections 16 (2), (3) and (4) of the Act (which disallow any provision in an official plan that would prohibit the erection or use of two-unit residential houses) have been repealed. (Section 8 of the Bill). Other provisions in the Act dealing with two-unit residential houses have also been repealed (8 (2), 19 (1), 21, 29 (5) of the Bill.) The repealed provisions continue to apply to houses that contained two residential units on November 16, 1995. (Section 45 of the Bill)
7. The power to prescribe the contents of official plans, in addition to those set out in section 16 of the Act, has been removed. (Section 8 of the Bill)
8. Section 17 of the Act is repealed and replaced. Counties that are covered by an official plan thatcomes into effect on or after the amendments to the Planning Act come into force, will become the approval authority with respect to the plans of local municipalities and amendments to their official plans.
The Minister is authorized to exempt plans and official plan amendments from his or her approval. The Minister can authorize other approval authorities to exempt plans and amendments covering land within their jurisdiction from their approval.
A plan that is adopted by council and that is exempted from approval may be appealed to the Municipal Board for a final decision.
A plan that is not exempt from approval can be appealed to the Municipal Board after 90 days from the day it is received by the approval authority. (Section 9 of the Bill)
9. The time frames for appeal rights to be established at different steps in the processing of requests for amendments to official plans have been reduced. There is a right to appeal to the Municipal Board if the council or planning board does not make a decision on a request for an amendment within 90 days after the day the request is received. (Section 13 of the Bill)
10. The authority of a council to prohibit all uses of land or the construction of all classes of buildings is removed. (Section 20 of the Bill)
11. A municipality may pass a by-law to require that applicants for amendments to zoning by-laws submit all the information or material that is prescribed.
If the prescribed material or information is not provided, the council may refuse to accept or further consider an application and the time period before a right of appeal to the Municipal Board will arise does not begin. (Section 20 of the Bill)
The Municipal Board is given the power to dismiss an appeal if the appellant has not provided the council with oral or written submissions before the by-law is passed. (Section 20 of the Bill)
12. Local municipalities may require the conveyance of land for a public transit right of way as a condition of the approval of a site plan if this is provided for in the official plan. (Section 24 of the Bill)
13. The provisions dealing with minor variance applications and other applications under section 45 of the Act have been changed. Council may act as the committee of adjustment or delegate to the committee. Decisions of council (or committee of council) are final.
There is no longer an automatic right to appeal a decision of the committee of adjustment. The council has the option of reviewing the decision and confirming, varying or rescinding the committee's decision or sending the matter to the Ontario Municipal Board for it to be heard as an appeal. The Board can recover the costs of conducting the hearing from the municipality. (Section 26 of the Bill)
14. The Township of Pelee in the County of Essex is assigned the authority to give consents. Consequently, it is also given the authority to approve the exercise of power of sale and foreclosure and the authority to issue certificates for the validation of title. (Section 28 of the Bill)
15. Municipalities that have the authority to approve plans of subdivision are also given the authority to approve by-laws exempting lands from part lot control. An approval is not required if the council that passes the by-law also has the authority to approve plans of subdivision covering the same land. (Section 28 of the Bill)
16. Several counties are assigned the authority to approve plans of subdivision that cover lands within their jurisdiction.
Other counties will be given the authority to approve plans of subdivision once all or part of a plan that covers all of the county comes into effect as the official plan. This date cannot be sooner than the day that this amendment to the Planning Act comes into force. (Section 29 of the Bill)
17. The authority to require that a public meeting in respect of a proposed plan of subdivision be held is removed. Notice of an application will only be required to be given if this is prescribed. (Section 29 of the Bill)
18. If no decision is made by the approval authority any person or public body may file an appeal in respect of a proposed plan of subdivision 90 days after the application is submitted. (Section 29 of the Bill)
19. The authority to require that a public meeting be held in respect of a consent to sever land is removed. Notice of an application for a consent will only be required to be given if this is prescribed. (Section 30 of the Bill)
If no decision is made, any person or public body may file an appeal in respect of a request for a consent 60 days after the application is submitted. (Section 30 of the Bill)
20. Any matter or proceeding that was commenced on or after March 28, 1995 but before the amendments set out in this Bill come into force shall be completed according to the same process under which it was commenced.
However, if no decision has been made in respect of the matter or proceeding, then the "have regard to" standard in subsection 3 (5) regarding policy statements will apply to the exercise of any authority instead of the requirement that a decision be "consistent with" the policy statements. A decision includes the adoption of a plan by council or the passing of a by-law. (Section 44 of the Bill)
PART II
OTHER AMENDMENTS
ASSESSMENT ACT
Section 53 of the Assessment Act, which deals with the disclosure of information, is repealed. The new section 53 prohibits the employees of the Ministry of Finance, a municipality and a school board from disclosing any actual income and expense information on individual properties that is acquired in the course of their duties. Previously the prohibition was against disclosing information furnished by any person under section 10 or 11 of the Act (obtained under a power of entry or by virtue of a required questionnaire).
DEVELOPMENT CHARGES ACT
The Act is amended to provide that a development charge by-law or amendment thereto, except an amendment which reduces the amount of a charge or eliminates a term of a by-law, does not come into force until it is approved by the Minister of Municipal Affairs and Housing. The Minister has absolute discretion to approve a by-law or amendment in whole or in part. (Sections 48, 49 and 52 of the Bill)
The right to appeal a by-law to the Ontario Municipal Board and the maximum term of a by-law have been eliminated. (Sections 49and 51 of the Bill)
These provisions are made retroactive to November 16, 1995. (Section 74 of the Bill)
MUNICIPAL ACT
The new section 207.3 of the Municipal Act authorizes municipalities to pass by-laws providing for the registration of houses which contain two residential units. The by-law may prohibit the use or occupancy of more than one residential unit in a two-unit house unless the house is registered. As a condition of registration, the by-law may require that two-unit houses meet specified standards. Inspectors are authorized to enter two-unit houses, before registration, to ensure they meet these standards.
ONTARIO HERITAGE ACT
The amendments to the Ontario Heritage Act are as follows:
1. The Conservation Review Board is authorized to conduct a pre-hearing conference, by electronic means, whenever a hearing is required.
2. In every case where a person may apply or object so that a hearing must be held by the Conservation Review Board, that person is permitted to withdraw the application or objection at any time before the conclusion of the hearing.
3. Section 67 of the Act is amended so that notices are no longer required to be published for three consecutive weeks.
4. The Minister is no longer required to consult the Ontario Heritage Foundation before granting, renewing, suspending or revoking a licence to carry out archaeological work under section 48 of the Act.
CONSEQUENTIAL AMENDMENTS
Consequential amendments are made to the Environmental Protection Act, the Residential Housing Protection Act and the Regional Municipalities Act to reflect the changes made to the Planning Act.
Bill1995
An Act to promote economic growth
and protect the environment by
streamlining the land use planning and
development system through amendments related to
planning, development, municipal and heritage matters
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
PLANNING ACT
1. (1) The definition of "Minister" in section 1 of the Planning Act is amended by inserting "and Housing" after "Municipal Affairs" at the end.
(2) The definition of "official plan" in section 1 of the Act is repealed.
(3) The definition of "residential unit" in section 1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 2, section 40, is repealed.
(4) Section 1 of the Act, as amended by the Statutes of Ontario, 1994, chapter 2, section 40 and 1994, chapter 23, section 3, is further amended by adding the following subsections:
Limitation
(2) The term "public body" in subsection (1) excludes all ministries of the Province of Ontario except the Ministry of Municipal Affairs and Housing in respect of subsections 17 (24) and (36), 34 (19), 38 (4), 45.1 (12), 51 (39), (43) and (48) and 53 (19) and (27).
Designation
(3) Despite subsection (2), the Minister may by regulation designate any other ministry of the Province of Ontario to be a public body for the purpose of the provisions referred to in subsection (2).
Exclusion
(4) The Minister may by regulation exclude any board, commission, agency or official of the Province of Ontario from the definition of "public body" set out in subsection (1) in respect of the provisions referred to in subsection (2).
2. Clause 2 (q) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 5, is repealed.
3. Subsections 3 (5) and (6) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 6 and subsections 3 (7), (8) and (9), as enacted by the Statutes of Ontario, 1994, chapter 23, section 6, are repealed and the following substituted:
Exercising authority
(5) In exercising any authority that affects a planning matter, the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board and Ontario Hydro, shall have regard to policy statements issued under subsection (1).
Advice
(6) In providing comments, submissions or advice that affect a planning matter, a minister or ministry, board, commission or agency of the government, including Ontario Hydro, shall have regard to policy statements issued under subsection (1).
Duties of Minister unaffected
(7) Except as provided in subsections (5) and (6), nothing in this section affects nor restricts the Minister in the carrying out the Minister's duties and responsibilities under this Act.
4. (1) Subsection 4 (1) of the Act is amended by striking out "the official plan or amendments thereto" in the fifth and sixth lines and substituting "or the authority to exempt from approval the official plan or amendments to the official plan".
(2) Subsection 4 (2) of the Act is amended by striking out "official plans or amendments thereto" in the sixth and seventh lines and substituting "or the authority to exempt from approval an official plan or amendments to an official plan."
(3) Section 4 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 49 and the Statutes of Ontario 1994, chapter 23, section 7, is amended by adding the following subsection:
Delegation to planning board
(2.2) The Minister may, after the prescribed notice is given, by order delegate to a planning board any of the Minister's authority under this Act if the planning board has an official plan.
(4) Subsection 4 (4) of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 49, is repealed and the following substituted:
Conditions
(4) A delegation made by the Minister under this section may be subject to such conditions as the Minister may by order provide.
(5) Subsection 4 (5) of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 49, is further amended by striking out "subsection (1), (2) or (2.1)" in the third and fourth lines and substituting "this section".
5. (1) Subsection 5 (1) of the Act is amended by inserting "or the authority to exempt from approval plans as official plans or amendments to official plans" after "plans" in the seventh line.
(2) Subsection 5 (2) of the Act is amended by inserting "or the authority to exempt from approval" after "approve" in the second line.
6. (1) Subsection 14.7 (3) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 8, is amended by striking out "suitable" in the second line and by substituting "and, unless exempt from approval, submit it".
(2) Subsection 14.7 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 8, is repealed and the following substituted:
Application
(4) Section 17 applies with necessary modification to the preparation and adoption of a plan by a municipal planning authority and, unless exempt from approval, the approval of the plan as an official plan as though the planning authority were the council of the municipality and the secretary-treasurer were the clerk of the municipality.
7. Subsection 14.8 (2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 8, is repealed.
8. (1) Subsection 16 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 9, is amended by striking out "shall contain the prescribed contents and" in the first and second lines.
(2) Subsections 16 (2), (3) and (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 9, are repealed.
9. Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 10, is repealed and the following substituted:
Approvals by Minister
17. (1) Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section.
Approvals by regional council
(2) The regional council or the district council, as the case may be, is the approval authority in respect of the approval of a plan as an official plan of a local municipality in The Regional Municipality of Durham, The Regional Municipality of Haldimand-Norfolk, The Regional Municipality of Halton, The Regional Municipality of Hamilton-Wentworth, The Regional Municipality of Niagara, The Regional Municipality of Ottawa-Carleton, The Regional Municipality of Waterloo, The Regional Municipality of York and The District Municipality of Muskoka for the purposes of this section.
Same
(3) On the day that all or part of a plan that covers the Regional Municipality of Peel comes into effect as the official plan of the municipality, the regional council is the approval authority in respect of the approval of a plan as an official plan of a local municipality in the regional municipality for the purposes of this section.
Approvals by county council
(4) On the day that all or part of a plan that covers a county comes into effect as the official plan of the municipality, the county council is the approval authority in respect of the approval of a plan as an official plan of a local municipality in the county that forms part of the county for municipal purposes for the purposes of this section.
Timing
(5) Subsection (4) applies only in respect of all or part of a plan that comes into effect on or after the date that section 9 of the Land Use Planning and Protection Act, 1995 comes into force.
Removal of power
(6) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (2) (3) or (4) and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments submitted for approval after the order is made.
Transfer of approval authority
(7) If an order is made under subsection (6), the Minister becomes the approval authority in respect of the plans and proposed official plan amendments to which the order relates and the council of the former approval authority shall forward to theMinister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the approval authority.
Revocation
(8) If the Minister revokes the order or part of the order made under subsection (6), the council reverts back to being the approval authority in respect of all plans or proposed official plan amendments to which the revoked order or revoked part of the order applied.
Exemption
(9) The Minister may by order exempt a plan or proposed official plan amendment from his or her approval under this section and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments.
Authority to exempt
(10) The Minister may by order authorize an approval authority to pass a by-law exempting a plan or proposed official plan amendment from its approval under this section.
Conditions
(11) An exemption under subsection (9) or (10) or an authorization under subsection (10) may be subject to such conditions as the Minister or the approval authority may provide in the order or by-law.
Removal of exemption or authorization
(12) The Minister may by order or an approval authority may by by-law, accompanied by a written explanation for it, remove any exemption made under subsection (9) or (10) or any authorization made under subsection (10).
Mandatory official plan
(13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of,
(a) a regional, metropolitan and district municipality and the County of Oxford;
(b) a prescribed county;
(c) a local municipality within a county that does not form part of the county for municipal purposes, excluding the Township of Pelee; and
(d) a city in a territorial district other than a city within a regional or district municipality.
Discretionary plan
(14) The council of a county not prescribed under clause (13) (b) and the council of a local municipality, other than a local municipality described in clause (13) (c) or (d), may prepare and adopt a plan and, unless the plan is exempt from approval, submit it for approval.
Public meeting
(15) In the course of the preparation of a plan, the council shall ensure that,
(a) the appropriate approval authority, whether or not the plan is exempt from approval, is consulted on the preparation of the plan;
(b) adequate information, including a copy of the current proposed plan, is made available to the public; and,
(c) at least one public meeting is held, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed.
Copy of plan
(16) A copy of the current proposed plan referred to in subsection (15) shall be made available to the public at least 20 days before the public meeting is held.
Timing
(17) The meeting shall be held no earlier than 20 days after the requirements for giving notice have been complied with and any person who attends the meeting shall be given the opportunity to make representation in respect of the plan.
Alternative procedure
(18) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of amendments that may be proposed for the plan, subsections (15), (16) and (17) do not apply to the proposed amendments if the measures are complied with but the information required under subsection (19) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of the proposed amendments.
Information
(19) At a meeting under subsection (15), the council shall ensure that information is made available to the public regarding the power of the Municipal Board under subsection (45) to dismiss an appeal if an appellant has not provided the council with oral submissions at a public meeting or written submissions before a plan is adopted.
Submissions
(20) Any person or public body may make written submissions to the council before a plan is adopted.
Comments
(21) The council shall provide to any person or public body that the council considers may have an interest in the plan adequate information, including a copy of the plan and, before adopting the plan, shall give them an opportunity to submit comments on it up to the time specified by the council.
Adoption of plan
(22) When the requirements of subsections (15) to (21), as appropriate, have been met and the council is satisfied that the plan as finally prepared is suitable for adoption, the council may by by-law adopt all or part of the plan and, unless the plan is exempt from approval, submit it for approval.
Notice
(23) The council shall, not later than 15 days after the day the plan was adopted, ensure that written notice is given of its adoption containing the prescribed information to,
(a) the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of adoption;
(b) each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and
(c) any other person or public body prescribed.
Right to appeal
(24) If the plan is exempt from approval, any person or public body may, not later than 20 days after the day that the giving of written notice under subsection (23) is completed, appeal all or part of the decision of council to adopt all or part of the plan to the Municipal Board by filing with the clerk of the municipality a notice of appeal.
Notice of appeal
(25) The notice of appeal filed under subsection (24) must,
(a) set out the specific part of the plan to which the notice applies, if the notice does not apply to all of the plan;
(b) set out the reasons for the appeal; and
(c) be accompanied by the fee prescribed under the Ontario Municipal Board Act.
Timing
(26) For the purposes of subsections (24) and (36), the giving of written notice shall be deemed to be completed,
(a) where notice is given by personal service, on the day that the serving of all required notices is completed;
(b) where notice is given by mail, on the day that the mailing of all required notices is completed; and
(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.
Decision final
(27) If no notice of appeal is filed under subsection (24) in respect of the decision of council and the time for filing appeals has expired,
(a) the decision of council or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal.
Declaration
(28) A sworn declaration of an employee of the municipality or of the approval authority that notice was given as required by subsection (23) or (35) or that no notice of appeal was filed under subsection (24) or (36) within the time allowed for appeal is conclusive evidence of the facts stated in it.
Forwarding of record, etc.
(29) If a notice of appeal under subsection (24) is filed, the clerk of the municipality shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the record, the notice of appeal and the fee prescribed under the Ontario Municipal Board Act are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal;
(c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from the requirement for an approval,unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of appeal and the records; and
(d) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board.
Withdrawal of appeals
(30) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn and the time for filing appeals has expired, the secretary of the Municipal Board shall notify the clerk of the municipality that made the decision and,
(a) the decision or the part of the decision that was the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and in respect of which all appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn.
Record
(31) If the plan is not exempt from approval, the council shall cause to be compiled and forwarded to the approval authority, not later than 15 days after the day the plan was adopted, a record which shall include the prescribed information and material and any fee under section 69 or 69.1.
Other information
(32) An approval authority may require that a council provide such other information or material that the approval authority considers it may need.
Refusal to consider
(33) Until the approval authority has received the information, material and fee referred to in subsection (31),
(a) the approval authority may refuse to accept or further consider the plan; and
(b) the time period referred to in subsection (40) does not begin.
Action by approval authority
(34) The approval authority may confer with any person or public body that it considers may have an interest in the plan and may,
(a) approve, modify and approve as modified or refuse to approve a plan; or
(b) approve, modify and approve as modified or refuse to approve part or parts of the plan.
Notice
(35) If the approval authority makes a decision under subsection (34) it shall ensure that written notice of its decision containing the prescribed information is given to,
(a) the council or planning board that adopted the plan;
(b) each person or public body that made a written request to be notified of the decision;
(c) each municipality or planning board to which the plan would apply if approved; and
(d) any other person or public body prescribed.
Appeal to O.M.B.
(36) Any person or public body may, not later than 20 days after the day that the giving of written notice under subsection (35) is completed, appeal all or part of the decision of the approval authority to the Municipal Board by filing a notice of appeal with the approval authority.
Contents of notice
(37) The notice of appeal under subsection (36) must,
(a) set out the specific part or parts of the plan to which the notice of appeal applies unless the notice applies to all of the plan;
(b) set out the reasons for the appeal; and
(c) be accompanied by the fee prescribed under the Ontario Municipal Board Act.
Decision final
(38) If no notice of appeal is filed under subsection (36) and the time for filing appeals has expired,
(a) the decision of the approval authority or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was approved and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal.
Withdrawal of appeals
(39) If all appeals made under subsection (36) are withdrawn and the time for filing notice of appeal has expired, the secretary of the Municipal Board shall notify the approval authority that made the decision and,
(a) the decision or that part of the decision that was the subject of the appeal is final; and
(b) the plan or part of the plan that was approved and in respect of which all the appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn.
Appeal to O.M.B.
(40) If the approval authority fails to give notice of a decision in respect of all or part of a plan within 90 days after the day the plan is received by the approval authority, any person or public body may appeal to the Municipal Board with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority.
Notice of appeal
(41) A notice of appeal filed under subsection (40) must,
(a) set out the specific part of the plan to which the appeal applies, if the notice does not apply to all of the plan; and
(b) be accompanied by the fee prescribed under the Ontario Municipal Board Act.
Documents to O.M.B.
(42) If an approval authority receives a notice of appeal under subsection (36) or (40), it shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the record, notice of appeal and the fee prescribed under the Ontario Municipal Board Act are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, as the case may be; and
(c) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board.
Appeals withdrawn
(43) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn, the Municipal Board shall notify the approval authority and the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.
Hearing
(44) On an appeal to the Municipal Board, the Board shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Board may determine.
Dismissal without hearing
(45) Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may dismiss all or part of an appeal without holding a hearing on its own motion or on the motion of any party if,
(a) it is of the opinion that,
(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Board,
(ii) the appeal is not made in good faith or is frivolous or vexatious, or
(iii) the appeal is made only for the purpose of delay;
(b) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the plan was adopted and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission;
(c) the appellant has not provided written reasons with respect to an appeal under subsection (24) or (36);
(d) the appellant has not paid the fee prescribed under the Ontario Municipal Board Act; or
(e) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board.
Representation
(46) Before dismissing all or part of an appeal, the Municipal Board shall notify the appellant and give the appellant anopportunity to make representation on the proposed dismissal and the Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion, as it considers appropriate.
Dismissal
(47) If the Municipal Board dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision and the time for filing notices of appeal has expired, the secretary of the Municipal Board shall notify the clerk of the municipality or the approval authority and,
(a) the decision or that part of the decision that was the subject of the appeal is final; and
(b) any plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed.
Same
(48) If the Municipal Board dismisses an appeal under subsection (40) and there is no other appeal in respect of the same matter, the secretary of the Board shall notify the approval authority and the approval authority may then proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.
Transfer
(49) If a notice of appeal under subsection (24), (36) or (40) is received by the Municipal Board, the Board may require that a municipality or approval authority transfer to the Board any other part of the plan that is not in effect and to which the notice of appeal does not apply.
Powers of O.M.B.
(50) On an appeal or a transfer, the Municipal Board may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan.
10. Subsection 17.1 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 10, is amended by inserting "county council" after "council" in the first line.
11. (1) Subsection 18 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 11, is further amended by striking out "17 (9) to (16)" in the second and third lines and by substituting "17 (15) to (22)" and by striking out"17 (17), (18) and (19)" at the end and by substituting "17 (23), (32), (33) and (34)".
(2) Subsection 18 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 11, is repealed and the following substituted:
Submission of plan
(4) When the secretary-treasurer of the planning board has received a certified copy of an adopting by-law from a majority of the councils to which the plan was submitted, he or she shall, unless it is exempt from an approval, submit the plan for approval together with each certified copy of the adopting by-law and subsections 17 (31) to (50) apply with necessary modifications in respect of the plan as if the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality.
(3) Subsection 18 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 11, is further amended by striking out "17 (9) to (42)" in the fourth line and by substituting "17 (15) to (50)".
12. Section 19 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 12, is repealed and the following substituted:
Unorganized territory
19. In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk.
13. Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 14, is repealed and the following substituted:
Request to council
22. (1) If a person or public body requests a council to amend its official plan, the council shall,
(a) forward a copy of the request and the information and material required by the council under subsection (4) to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and
(b) within 65 days after the request is received, hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.
Request to planning board
(2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall,
(a) forward a copy of the request and the information and material required under subsection (4) to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and
(b) within 65 days after the request is received, hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.
No public meeting
(3) Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) is waived if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.
Prescribed information
(4) A council or a planning board may pass a by-law requiring a person or public body that requests an amendment to its official plan to provide the prescribed information and material.
Other information
(5) A council or a planning board may require that a person or public body that requests an amendment to its official plan provide such other information or material that the council or planning board considers it may need.
Refusal and timing
(6) Until a council or planning board has received the information and material required by a by-law under subsection (4) and any fee under section 69,
(a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and
(b) the time periods referred to in clauses (7) (a) to (d) do not begin.
Appeal to the Municipal Board
(7) A person or public body that requests an amendment to the official plan of a municipality or planning board may appeal to the Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the clerk of the municipality or the secretary-treasurer of the planning board if,
(a) the council or the planning board fails to give notice of a public meeting under subsection 17 (15), if required, within 45 days after the request is received;
(b) a planning board recommends a requested amendment for adoption to a council or two or more councils and the council or the majority of the councils that are within the planning area of a planning board fails to give notice of a public meeting under subsection 17 (15), if required, within 45 days after the request is received;
(c) the council or the planning board fails to adopt the requested amendment within 90 days after the day the request is received;
(d) a planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 90 days after the day the request is received;
(e) a council, a majority of the councils or a planning board refuses to adopt the requested amendment; or
(f) a planning board refuses to approve a requested amendment under subsection 18 (1).
Contents
(8) A notice of appeal under subsection (7) shall,
(a) set out the specific part of the requested official plan amendment to which the appeal applies, if the notice of appeal does not apply to all of the requested amendment; and
(b) be accompanied by the fee prescribed under the Ontario Municipal Board Act.
Record and forwarding material
(9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that,
(a) a record is compiled which includes the prescribed information and material;
(b) the notice of appeal, the record and the fee are forwarded to the Municipal Board within 15 days after the notice is received;
(c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records; and
(d) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board.
Other information
(10) A person or public body that files a notice of appeal under subsection (7) shall provide to the Municipal Board the prescribed information or material and such other information as the Board may require.
Application
(11) Subsections 17 (44), (45), (46), (49) and (50) apply with necessary modifications to a requested official plan amendment under this section.
Withdrawal of appeal
(12) If all appeals under clause (7) (a), (b), (c) or (d) are withdrawn or dismissed by the Municipal Board, the secretary of the Board shall notify the council or the planing board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be.
Same
(13) If all appeals under clause (7) (e) or (f) are withdrawn or dismissed by the Municipal Board, the secretary of the Board shall notify the council or planning board and the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.
14. (1) Subsection 24 (2) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 16, is repealed and the following substituted:
Pending amendments
(2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect, and the by-law shall be conclusively deemed to have conformed with the official plan on and after the day it was passed if the amendment comes into effect.
(2) Subsection 24 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 16, is amended by striking out "if the approval authority approves the amendment to the official plan as mentioned in subsection (2)" at the end and by substituting "if the amendment to the official plan comes into effect".
15. Subsection 25 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 17, is amended by striking out "have been approved" in the fourth line and substituting "have come into effect".
16. (1) Subsection 26 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 18, is repealed and the following substituted:
Determining need for revision
(1) If an official plan is in effect in a municipality, the council of the municipality that has adopted the official plan shall, not less frequently than every five years, hold a special meeting of council, open to the public, to determine the need for a revision of the official plan and in determining the need for a revision council shall have regard to policy statements issued under subsection 3 (1).
(2) Subsection 26 (2) of the Act is amended by inserting "shall have regard to any written submissions in respect of the need for a revision of the plan and" after "council" in the sixth line.
(3) Subsection 26 (4) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 18, is repealed.
17. Subsection 27 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 19, and subsection 27 (2) of the Act are repealed and the following substituted:
Amendments to conform to official plans
(1) The council of a local municipality shall amend every official plan and every by-law passed under section 34 or a predecessor of it to conform with a plan that comes into effect as the official plan of a county, regional, metropolitan or district municipality.
Failure to make amendments
(2) If the official plan of a county, regional, metropolitan or district municipality comes into effect as mentioned in subsection (1) and any official plan or zoning by-law is not amended as required by that subsection within one year from the day the plan comes into effect as the official plan, the council of the county or the regional, metropolitan or district municipality may amend the official plan of the localmunicipality or zoning by-law, as the case may be, in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one year period as required.
18. Subsection 28 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 20, is amended by striking out "17 (9) to (42)" in the sixth line and substituting "17 (15) to (50)" and by striking out "17 (11), subsections 17 (9) and (10)" in the 11th and 12th lines and substituting "17 (18), subsections 17 (15), (16) and (17)".
19. (1) Subsections 31 (3.1) and (3.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 2, section 42, are repealed.
(2) The English version of subsection 31 (6) of the Act is amended by striking out "prescribed" in the third line.
(3) The English version of subsection 31 (11) of the Act is amended by striking out "prescribed" in the seventh line and substituting "set out".
(4) Subsection 31 (24) of the Act is amended by striking out "prescribed" in the fourth line.
20. (1) Paragraph 3.1 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by striking out "all or" in the first line and in the third line.
(2) Paragraph 3.2 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by striking out "all or" in the first line and in the third line.
(3) Paragraph 3.3 of subsection 34 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by striking out "all or" in the first line and in the second and third lines.
(4) Subsection 34 (8) of the Act is amended by striking out "prescribed" in the sixth line and substituting "established".
(5) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53 and 1994, chapter 23, section 21, is further amended by adding the following subsections:
Prescribed information
(10.1) A council may pass a by-law requiring that a person or public body that applies for an amendment to a by-law passedunder this section or a predecessor of this section shall provide the prescribed information and material.
Other information
(10.2) A council may require that a person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section provide such other information or material that the council may need.
Refusal and timing
(10.3) Until the council has received the information and material required by a by-law under subsection (10.1) and any fee under section 69,
(a) the council may refuse to accept or further consider the application for an amendment to the by-law; and
(b) the time period referred to in subsection (11) does not begin.
. . . . .
Notice of dismissal power
(14.1) At a meeting under subsection (12), the council shall ensure that information is made available to the public regarding the power of the Municipal Board to dismiss an appeal under subsection (25) if an appellant has not provided the council with oral submissions at a public meeting or written submissions before a by-law is passed under this section.
Where alternative procedures followed
(14.2) If subsection (14) applies, the information required under subsection (14.1) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and securing the views of the public in respect of proposed zoning by-laws.
(6) Subsection 34 (16) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is repealed.
(7) Subsection 34 (18) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by inserting after "by-law" in the sixth line "not later than 15 days after the day the by-law is passed" and by striking out "and shall specify the last day for filing a notice of appeal under subsection (19)" at the end.
(8) Subsection 34 (21) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by striking out "approval authority has approved the amendment to the official plan as mentioned in subsection 24 (2)" at the end andby substituting "amendment to the official plan comes into effect".
(9) Subsection 34 (22) of the Act is amended by striking out "the clerk" in the first and second lines and substituting "an employee".
(10) Subsection 34 (23) of the Act is repealed and the following substituted:
Record
(23) The clerk of a municipality who receives a notice of appeal under subsection (19) shall ensure that,
(a) a record is compiled which includes,
(i) a copy of the by-law certified by the clerk of the municipality,
(ii) a sworn declaration by an employee of the municipality that notice was given as required by subsection (18), and
(iii) the original or true copy of all written submissions and material in support of the submissions received in respect of the by-law before the passing of it;
(b) the notice of appeal, record and fee are forwarded to the Municipal Board within 15 days after the last day for filing a notice of appeal under subsection (19); and
(c) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board.
(11) Clause 34 (25) (a) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by adding "or" at the end of subclause (ii), by striking out "or" at the end of subclause (iii) and by striking out subclause (iv).
(12) Subsection 34 (25) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by adding the following clause:
(a.1) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council before the by-law was passed and, in the opinion of the Board, the appellant does not provide a reasonable explanation for having failed to make a submission;
(13) Subsection 34 (30) of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, is repealed and the following substituted:
Coming into force
(30) If one or more appeals have been filed under subsection (19), the by-law does not come into force until all of such appeals have been withdrawn or finally disposed of, whereupon the by-law, except for those parts of it repealed or amended under subsection (26), shall be deemed to have come into force on the day it was passed.
(14) Subsection 34 (32) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 53, is amended by adding "or public body" at the end.
21. (1) Subsection 35 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 2, section 43, is repealed.
(2) Subsection 35 (3) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 2, section 43, is amended by striking out "clause (1) (a) or" in the fifth line.
(3) Subsection 35 (4) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 2, section 43, is repealed.
22. Subsection 36 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 22, is amended by striking out "(25)" in the first line and by substituting "(25.1)".
23. Subsection 38 (5) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 26, section 54, is repealed and the following substituted:
Application
(5) If a notice of appeal is filed under subsection (4), subsections 34 (23) to (26) apply with necessary modifications to the appeal.
24. (1) Clause 41 (7) (c) of the Act is amended by inserting "or (d)" after "clause (a)" in the fifth line.
(2) Subsection 41 (7) of the Act is amended by adding the following clause:
(d) subject to subsection (9.1), convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way.
(3) Subsection 41 (9.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 24 is amended by strikingout "clause (8) (c)" in the second line and substituting "clause (7) (d) or (8) (c)".
25. Section 44 of the Act is amended by adding the following subsections:
Majority decision
(12) No decision of the committee on an application is valid unless it is concurred in by a majority of the members of the committee that heard the application.
Reasons
(13) The decision of the committee shall be in writing and shall set out the reasons for the decision and shall be signed by the members who concur in the decision.
26. Section 45 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 56 and 1994, chapter 23, section 26, is repealed and the following substituted:
Minor variances
45. (1) An owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of those sections, or any person authorized in writing by the owner, may apply to the council of the local municipality for a minor variance from the by-law in respect of that land, building or structure or the use of it.
Power of council
(2) The council may, despite any other Act, authorize the variance from the by-law if the variance is minor and if, in its opinion, it is desirable for the appropriate development or use of the land, building or structure and the general intent and purpose of the by-law and of the official plan, if any, are maintained.
Special case
(3) The council may, if the land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, permit,
(a) the enlargement or extension of the building or structure, if the use on that day or a use permitted under clause (b) continued until the date of the application and the enlargement or extension does not go beyond the limits of the land owned and used in connection with the building or structure on the day the by-law was passed; or
(b) the use of the land, building or structure for a purpose that, in the opinion of the council, is similar to the purpose for which it was used on theday the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted continued until the date of the application to the council.
Same
(4) The council may, if the uses of land, buildings or structures permitted in the by-law are defined in general terms, permit the use of any land, building or structure for any purpose that, in the opinion of the council, conforms with the uses permitted in the by-law.
Official plan, minor variances
(5) The council may grant minor variances from any by-law of the municipality that implements an official plan, and subsections (1) and (2) apply with necessary modifications to an application under this subsection.
Conditions
(6) Any minor variance or permission granted under this section may be for such time and subject to such conditions as the council considers advisable and that are set out in the decision.
Hearing
(7) A hearing on any application shall be held within 30 days after the application is received by the clerk of the municipality.
Notice
(8) At least 10 days before hearing an application the council shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of the application.
Public hearing
(9) The hearing shall be held in public, and council shall hear the applicant and every other person or public body that desires to be heard, and council may adjourn the hearing or reserve its decision.
Decision
(10) The decision of council on an application shall be in writing and shall set out the reasons for the decision and the decision is final.
Notice of decision
(11) The clerk of the municipality shall, not later than 10 days after the decision is made, send one copy of the decision, certified by him or her,
(a) to the Minister, if the Minister has notified the council that he or she wishes to receive a copy of all decisions of the council under this section;
(b) to the applicant; and
(c) to any person or public body that made a written request to be notified of the decision.
Delegation
(12) The council may by by-law delegate its authority under subsections (1) to (6) to its committee of adjustment or to a committee of council.
Other procedures
(13) If the council has delegated its authority under subsections (1) to (6) to its committee of adjustment,
(a) the procedures set out in this section apply in the exercise of that authority if the committee of adjustment consists of one or more members of council; and
(b) the procedures set out in section 45.1 apply in the exercise of that authority if the committee of adjustment does not consist of any member of council.
Special rules
45.1 (1) This section applies to applications under section 45 if, at the time an application is made,
(a) the council has delegated its authority under subsections 45 (1) to (6) to its committee of adjustment; and
(b) the committee of adjustment referred to in clause (a) does not consist of any member of council.
Review or appeal of decision
(2) If a request under subsection (12) for a review or an appeal is made to the council, the council shall, in accordance with the by-law passed under subsection (3),
(a) review the decision of the committee of adjustment; or
(b) forward the decision to the Municipal Board for the Board to hear the matter as an appeal of the decision of the committee.
Council's options
(3) If this section applies to applications under section 45, the council shall by by-law elect to,
(a) determine on a case by case basis whether the council shall review the decision of the committee of adjustment or shall forward the decision to the Municipal Board for the Board to hear the matter as an appeal of the decision of the committee;
(b) review all the decisions of the committee of adjustment under section 45; or
(c) forward all the decisions of the committee of adjustment to the Municipal Board for the Board to hear them as appeals of the decisions of the committee of adjustment.
Copy of by-law
(4) The clerk of the municipality shall forward a copy of the by-law to the secretary-treasurer of the committee of adjustment immediately after it is passed by the council.
Transition
(5) If the council repeals or amends a by-law passed under subsection (3), the by-law in force on the day the application is made to the committee continues to apply to that application.
Hearing
(6) A hearing on any application shall be held within 30 days after the application is received by the secretary-treasurer of the committee of adjustment.
Notice
(7) At least 10 days before hearing an application the committee of adjustment shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of the application.
Public hearing
(8) The hearing shall be held in public, and the committee of adjustment shall hear the applicant and every other person or public body that desires to be heard, and the committee may adjourn the hearing or reserve its decision.
Oaths
(9) The chair or, in his or her absence, the acting chair may administer oaths.
Timing
(10) A council authorized by a by-law passed under subsection (3) to determine on a case by case basis whether the council shall review the decision of the committee of adjustment or forward the decision to the Municipal Board for a hearing, shall make this determination before notice of the decision of the committee is given under subsection (11).
Notice of decision
(11) The secretary-treasurer shall, not later than 10 days after the decision is made, send one copy of the decision, certified by him or her, together with a notice specifying the last day for requesting that council proceed in accordance with the by-law under subsection (3), either to review the decision or to forward the decision to the Municipal Board for a hearing of the decision as an appeal to,
(a) the Minister, if the Minister has notified the committee that he or she wishes to receive a copy of all decisions of the committee;
(b) the applicant; and
(c) any person or public body that made a written request to be notified of the decision.
Further consideration
(12) The applicant or any other person or public body may, not later than 20 days after the day that the giving of written notice under subsection (11) is completed, request that council proceed, in accordance with the by-law under subsection (3), to review the decision of the committee of adjustment or forward the decision to the Municipal Board for a hearing by filing with the secretary-treasurer of the committee a request setting out the reasons in support of the request and including any additional written submissions.
Deemed completion
(13) For the purpose of subsections (12), (18) and (19), the giving of written notice and the sending of copies of submissions shall be deemed to be completed,
(a) where notice is given by personal service, on the day that the serving of all required notices is completed;
(b) where notice is given by mail, on the day that the mailing of all required notices is completed; and
(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.
No request
(14) If no request for review or appeal is filed under subsection (12), the decision of the committee is final and the secretary-treasurer shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality.
Declaration
(15) A sworn declaration by the secretary-treasurer that notice was given as required by subsection (11) or that no request for review or appeal was filed under subsection (12) within the time specified for filing a request is conclusive evidence of the facts stated in it.
Notice
(16) If a decision of the committee of adjustment is to be reviewed by council, the secretary-treasurer of the committee shall, not later than 10 days after the last day for filing a request for review or appeal, give written notice that a request has been filed in the manner and to the person and public bodies and containing the information prescribed.
Request withdrawn
(17) If all requests under subsection (12) that are with council for a review of the decision of the committee of adjustment are withdrawn, the decision of the committee is final and the secretary-treasurer of the committee shall file a certified copy of the decision with the clerk of the municipality.
Written submissions
(18) Any person or public body that receives a notice under subsection (16) may file written submissions in respect of the decision of the committee of adjustment to be reviewed by council with the secretary-treasurer of the committee, not later than 20 days after the day that the giving of written notice under subsection (16) is completed.
Copy of submissions and reply
(19) The secretary-treasurer shall, not later than 10 days after the last day for filing written submissions under subsection (18), send a copy of the submissions to any person or public body that filed a request under subsection (12) together with a notice specifying that written replies to any written submissions may be filed with the secretary-treasurer of the committee not later than 10 days after the day that the sending of copies of the submissions is completed.
Forward record to clerk
(20) The secretary-treasurer shall forward to the clerk of the municipality the written submissions and written replies to submissions filed under subsections (18) and (19) not later than10 days after the last day for filing written replies to submissions under subsection (19).
Time for making decision
(21) The council shall make its decision on a request to review a decision of the committee of adjustment within a reasonable time.
Decision by council
(22) After considering all submissions and responses to submissions filed under subsections (12), (18) and (19), the council may confirm, vary or rescind the decision of the committee of adjustment, and the decision of council is final.
Written decision
(23) A decision of council shall be in writing and shall set out the reasons for it.
Notice of decision
(24) The clerk of the municipality shall forward a copy of the decision of council to the secretary-treasurer of the committee of adjustment, the applicant, and any person or public body that made a request or that made written submissions or replies to submissions.
Non-application
(25) The Statutory Powers Procedure Act does not apply to a review by council of the decision of the committee of adjustment under this section.
Material to be forwarded
(26) If, in accordance with the by-law passed under subsection (3), a decision of the committee of adjustment is to be heard by the Municipal Board as an appeal of the decision of the committee, the secretary-treasurer shall, not later than 15 days after the last day for filing a request under subsection (12), forward to the Municipal Board the decision of the committee, the request for review or appeal, the reasons for the request and any written submissions filed under subsection (12), the fee established under subsection (38) and such other information or material as may be prescribed.
Withdrawal
(27) If all requests under subsection (12) in respect of a decision of the committee of adjustment forwarded to the Municipal Board for a hearing are withdrawn and the time for submitting requests under subsection (12) has expired,
(a) the secretary of the Board shall notify the secretary-treasurer of the committee who shall file a certified copy of the decision with the clerk; and
(b) the decision of the committee of adjustment is final on the day that the last outstanding request has been withdrawn.
Hearing
(28) On an appeal of the decision of the committee of adjustment to the Municipal Board, the Board shall, except as provided in subsections (27)and (29), hold a hearing and give notice of the hearing to the applicant, the appellant, the persons or public bodies that made a written request to be notified of a request for review or appeal, the secretary-treasurer of the committee of adjustment, the clerk of the municipality and to such other persons or public bodies and in such manner as the Board may determine.
Dismissal without hearing
(29) Despite the Statutory Powers Procedure Act and subsection (28), the Municipal Board may dismiss all or part of an appeal without holding a hearing, on its own motion or on the motion of any party if,
(a) it is of the opinion that,
(i) the reasons set out in the request for review or appeal do not disclose any apparent land use planning ground upon which the Board could allow all or part of the request,
(ii) the appeal is not made in good faith or is frivolous or vexatious, or
(iii) the appeal is made only for the purpose of delay;
(b) the appellant has not provided written reasons for the appeal;
(c) the secretary-treasurer of the committee has not paid the fee under subsection (38); or
(d) the appellant has not responded to a request by the Municipal Board for further information within the time specified by the Board.
Representation
(30) Before dismissing the appeal, the Municipal Board shall give the appellant an opportunity to make representation in respect of the appeal and the Board may dismiss the appeal after holding a hearing or without holding a hearing, as it considers appropriate.
Powers of O.M.B.
(31) The Municipal Board may dismiss the appeal and may make any decision that the committee of adjustment could have made on the original application.
Amended application
(32) On an appeal, the Municipal Board may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies prescribed to receive notice under subsection (7).
No written notice
(33) The Municipal Board is not required to give written notice under subsection (32) if, in the opinion of the Board, the amendment to the original application is minor.
Notice of intent
(34) Any person or public body who receives notice under subsection (32) may, not later than 30 days after the day that written notice was given, notify the Municipal Board of an intention to appear at the hearing or the resumption of the hearing, as the case may be.
Order
(35) If after the expiry of the time period in subsection (34) no notice of intent has been received, the Board may issue its order.
Hearing
(36) If a notice of intent is received, the Board may hold a hearing or resume the hearing on the amended application or issue its order without holding a hearing or resuming the hearing.
Notice of decision
(37) When the Municipal Board makes an order in respect of the appeal, the secretary of the Board shall send a copy of it to the applicant, the appellant, secretary-treasurer of the committee and the clerk of the municipality.
Fee
(38) The Municipal Board may establish a fee which is designed to meet the anticipated costs of processing and hearing appeals to the Board under this section and the anticipated costs may be determined on an hourly basis or on such other basis that the Board considers appropriate.
Fee payable by municipality
(39) The fee established by the Municipal Board is payable by the municipality that forwards a decision of its committee of adjustment that is to be heard as an appeal by the Board under this section.
Actual cost and fee
(40) If the Municipal Board determines, after issuing an order under subsection (35), that the actual costs of processing and hearing an appeal exceed the fee established under subsection (38), the Board may charge the difference between the actual cost and the fee to the municipality and the amount is payable by the municipality to the Board.
27. (1) Subsection 47 (2) of the Act is repealed and the following substituted:
Power of Minister
(2) If an order has been made under clause (1) (a), the Minister in respect of the land affected by the order, has all the powers in respect of that order as a council has under subsections 45 (1) to (4) in respect of a by-law passed under section 34, but subsections 45 (7) to (13) do not apply to the exercise by the Minister of those powers.
(2) Clause 47 (11) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 27, is amended by adding "or" at the end of subclause (ii), by striking out "or" at the end of subclause (iii) and by striking out subclause (iv).
(3) Clause 47 (12.1) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 27, is amended by adding "or" at the end of subclause (ii), by striking out "or" at the end of subclause (iii) and by striking out subclause (iv).
(4) Subsection 47 (13) of the Act is amended by striking out "except as provided in subsection (16)" in the sixth line.
28. (1) Clause 50 (1) (c) of the Act is amended by striking out "other than land situate within the Township of Pelee, in the County of Essex" in the fourth, fifth and sixth lines.
(2) Clause 50 (1) (e) of the Act is amended by striking out "or where land is situate in the Township of Pelee, in the County of Essex" in the fourth, fifth and sixth lines.
(3) Subsection 50 (7), and subsections 50 (7.1) and (7.2) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 29, are repealed and the following substituted:
Designation of lands not subject to part lot control
(7) Despite subsection (5), the council of a local municipality may by by-law provide that subsection (5) does not apply to land that is within such registered plan or plans of subdivision or parts of them as are designated in the by-law.
Requirement for approval of by-law
(7.1) A by-law passed under subsection (7) does not take effect until it has been approved by the appropriate approval authority for the purpose of sections 51 and 51.1 in respect of the land covered by the by-law.
Exemption from approval
(7.2) An approval under subsection (7.1) is not required if the council that passes a by-law under subsection (7) is authorized to approve plans of subdivision under section 51.
Expiration of by-law
(7.3) A by-law passed under subsection (7) may provide that the by-law expires at the expiration of the time period specified in the by-law and the by-law expires at that time.
Extension of time period
(7.4) The council of a local municipality may, at any time before the expiration of a by-law under subsection (7), amend the by-law to extend the time period specified for the expiration of the by-law and an approval under subsection (7.1) is not required.
Amendment or repeal
(7.5) The council of a local municipality may, without an approval under subsection (7.1), repeal or amend a by-law passed under subsection (7) to delete part of the land described in it and, when the requirements of subsection (28) have been complied with, subsection (5) applies to the land affected by the repeal or amendment.
(4) Subsection 50 (18) of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 58 and 1994, chapter 23, section 29, is amended by striking out the portion preceding the clauses and substituting the following:
Foreclosure or exercise of power of sale
(18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law without the approval of the Minister or of the council authorized to give a consent under section 53, as the case may be, other than a council authorized to give a consent pursuant to an order under section 4, unless all of the land subject to such mortgage or charge is included in the foreclosure or exercise of the power of sale, but this subsection does not apply where the land foreclosed or in respect of where the power of sale is exercised comprises only,
. . . . .
29. (1) Subsections 51 (8), (9) and (10) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, are repealed and the following substituted:
Certain counties
(8) Despite subsection (1), if land is in a local municipality, other than a city, that forms part of the County of Bruce, the County of Grey, the County of Hastings, the County of Huron, the County of Lambton, the County of Peterborough, the County of Prince Edward, the County of Victoria or the County of Wellington, the county council is the approval authority for the purposes of this section and section 51.1.
Other counties
(9) Despite subsection (1), if land is in a local municipality, other than a city, that forms part of a county not mentioned in subsection (8), the county council is, on the day that all or part of a plan that covers all of a county comes into effect as the official plan of the county, the approval authority for the purposes of this section and section 51.1.
Timing
(10) Subsection (9) applies only in respect of a plan that comes into effect on or after the date that section 29 of the Land Use Planning and Protection Act, 1995 comes into force.
(2) Subsection 51 (11) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "or (8)" in the third and fourth lines and substituting "(8) or (9)".
(3) Subsection 51 (17) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "such other information or material as the approval authority may require" in the third and fourth lines.
(4) Subsections 51 (18), (19), (20) and (21) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, are repealed and the following substituted:
Other information
(18) An approval authority may require that an applicant provide such other information or material that the approval authority considers it may need.
Refusal and timing
(19) Until an approval authority has received the information and material referred to in subsection (17), as many copies of the draft plan of the proposed subdivision as are required by the approval authority and any fee under section 69 or 69.1,
(a) the approval authority may refuse to accept or further consider an application; and
(b) the time period referred to in subsection (34) does not begin.
Notice
(20) At least 14 days before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed.
(5) Subsections 51 (28), (29) and (30) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, are repealed.
(6) Subsection 51 (34) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "180" in the fourth line and substituting "90".
(7) Clause 51 (35) (b) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "received" in the last line and substituting "filed".
(8) Clause 51 (37) (c) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed.
(9) Subsection 51 (38) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed.
(10) Subsection 51 (39) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "30" in the second line and substituting "20".
(11) Clause 51 (45) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed.
(12) Subsection 51 (46) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is repealed.
(13) Subsection 51 (49) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "30" in the fourth line and substituting "20".
(14) Clause 51 (53) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by adding "or" at the end of subclause (ii) and by striking out subclause (iv).
(15) Clause 51 (53) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "oral submissions at a public meeting or did not make" in the first, second and third lines.
(16) Clause 51 (53) (e) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by striking out "being not fewer than 30 days" at the end.
30. (1) Subsections 53 (2), (3), (4), (5), (6) and (7) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, are repealed and the following substituted:
Prescribed information
(2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material.
Other material
(3) A council or the Minister may require that a person or public body that makes an application for a consent provide such other information or material that the council or Minister considers it may need.
Refusal and timing
(4) Until a council or the Minister has received the information and material referred to in subsection (2) and any fee under section 69 or 69.1,
(a) the council or the Minister may refuse to accept or further consider an application for a consent; and
(b) the time period referred to in subsection (14) does not begin.
Notice
(5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed.
(2) Subsection 53 (14) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "90" in the fourth line and substituting "60".
(3) Clause 53 (15) (b) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "received" in the last line and substituting "filed".
(4) Clause 53 (17) (c) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is repealed.
(5) Subsection 53 (18) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is repealed.
(6) Subsection 53 (19) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "30" in the second line and substituting "20".
(7) Subsection 53 (22) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by adding "and Housing" after "Affairs" in the third line.
(8) Clause 53 (24) (b) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "of the decision or" in the second and third lines.
(9) Subsection 53 (25) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is repealed.
(10) Subsection 53 (27) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "30" in the second line and substituting "20".
(11) Subsection 53 (30) of the Act is amended by inserting "public" before "bodies" in the third line.
(12) Clause 53 (31) (a) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by adding "or" at the end of subclause (ii), by striking out "or" at the end of subclause (iii) and by striking out subclause (iv).
(13) Clause 53 (31) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by striking out "oral submissions at a public meeting or did not make" in the first, second and third lines.
(14) Section 53 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32, is amended by adding the following subsection:
No written notice
(35.1) The Municipal Board is not required to give written notice under subsection (35) if, in the opinion of the Board, the amendment to the original application is minor.
(15) Subsection 53 (38) of the Act is amended by adding "or issue its order without holding a hearing or resuming the hearing" at the end.
31. (1) Subsection 54 (6) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 33, is amended by striking out "and subsections 45 (4) to (20) do not apply in the exercise of that authority" at the end.
(2) Subsection 54 (6.1) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 26, section 61, is amended by striking out "subsection 45 (8) applies in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply" at the end and substituting "subsections 44 (12) and (13) apply in the exercise of that authority".
32. Subsection 56 (2) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 35, is repealed and the following substituted:
Application
(2) Subsections 44 (2) to (13) apply, with necessary modifications, where a land division committee is constituted under subsection (1).
33. (1) Subsection 57 (1) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 26, section 63, is amended by inserting "other than a council authorized to give a consent pursuant to an order under section 4" after "section 53" in the second line.
(2) Subsection 57 (3) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 26, section 63, is amended by striking out "and in the Township of Pelee in the County of Essex" in the fourth and fifth lines.
34. (1) Subsection 62 (1) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 36, is repealed and the following substituted:
Application to Ontario Hydro
62. (1) Except as provided in subsection (2) and in sections 3, 6 and 48, this Act does not affect Ontario Hydro.
(2) Subsection 62 (2.1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 36, is repealed.
35. Section 63 of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 38, is repealed and the following substituted:
Deemed compliance
63. If the Minister, the council of a municipality, a planning board, a land division committee or the Municipal Board exercises any authority under this Act, including giving an approval, an exemption from an approval or a consent, the provisions of this Act that relate to or are requirements for the exercise of the authority shall be deemed to have been complied with upon the decision becoming final.
36. Section 66 of the Act is repealed and the following substituted:
Effect where authority delegated
66. If the Minister or the council delegates an authority under this Act, including the authority to give an approval, an exemption from an approval or a consent, the exercise of the authority and the decision of the delegate has the same force and effect as if it were the exercise of authority or the decision of the Minister or the council, as the case may be.
37. Section 67.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 40, is repealed and the following substituted:
Proceeds of fines
67.1 If an offence has been committed under section 31, 41, 52 or 67 or under a by-law passed under section 34 or 38, and a proceeding in respect of the offence is undertaken by the municipality or planning board and a conviction has been entered, the proceeds of any fine in relation to the offence shall be paid to the treasurer of the municipality or secretary-treasurer of the planning board and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.
38. (1) Subsection 69 (1) of the Act is amended by striking out "prescribe" in the third line and substituting "establish".
(2) Subsection 69 (2) of the Act is amended by striking out "prescribed" in the first line and substituting "established".
(3) Subsection 69 (3) of the Act is amended by inserting "under subsection (1)" after "fee" in the second line.
39. Clauses 70 (a) to (f) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 44, are repealed.
40. (1) Clause 70.1 (1) (d) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 45, is repealed and the following substituted:
(d) prescribing the timing requirements for any notice given under any provision of this Act.
(2) Clauses 70.1 (1) (f) to (o) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 45, are repealed and the following substituted:
(f) prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3);
(g) excluding any board, commission, agency or official from the definition of public body under subsection
1 (4);
(h) prescribing the methods for determining the number of members from each municipality to be appointed to a municipal planning authority under subsection 14.1 (5);
(i) prescribing the processes to be followed and the materials to be developed under section 16.1;
(j) prescribing counties for the purposes of clause 17 (13) (b);
(k) prescribing rules of procedure for committees of adjustment;
(l) prescribing criteria for the purposes of subsection 50 (18.1) and subsection 57 (6);
(m) requiring that notice be given under subsections 51 (20) and 53 (5);
(n) prescribing rules of procedure under subsection 53 (9) for councils and their delegates;
(o) prescribing persons or public bodies for the purposes of subsection 53 (10);
(p) prescribing rules of procedure for district land division committees constituted under section 55;
(q) prescribing any other matter that is referred to in this Act as prescribed other than matters that are prescribed under sections 70, 70.2 and 70.3.
41. (1) Section 70.3 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 47, is amended by adding the following subsection:
Applications
(3.1) Despite sections 74 and 74.1, a regulation under this section may apply to any application for approval of a plan of subdivision or an application for approval of a condominium description under the Condominium Act in respect of which draft approval was given before or after this subsection came into force.
42. Section 72.1 of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 49, is repealed and the following substituted:
Continuation
72.1 Even though this Act may be amended after an official plan came into effect, the official plan remains in effect but may be amended or repealed in accordance with this Act as amended.
43. (1) Subsection 74.1 (1) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 50, is repealed and the following substituted:
Transition
74.1 (1) Any matter or proceeding mentioned in subsection (2) that was commenced before March 28, 1995 shall be continued and finally disposed of under this Act as it read on March 27, 1995.
(2) Clause 74.1 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 50, is repealed and the following substituted:
(b) a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;
44. The Act is amended by adding the following section:
Transition
75. (1) Any matter or proceeding that was commenced on or after March 28, 1995 but before this section came into force shall be continued and finally disposed of under this Act as it read on the day before this section came into force.
Determination of date
(2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced on the day determined under subsection 74.1 (2).
Exception
(3) Despite subsection (1), in exercising any authority in respect of a matter or proceeding referred to in subsection (5), the council of a municipality, a local board, a planning board, the Minister and the Municipal Board, shall have regard to the policy statements issued under subsection 3 (1) if,
(a) the matter or proceeding was commenced on or after March 28, 1995; and
(b) no decision has been made in respect of the matter or proceeding.
Exception, comments, etc.
(4) Despite subsection (1), in providing any comments, submissions or advice with respect to any matter or proceedingreferred to in subsection (5), a minister or a ministry, board, commission or agency of the government or Ontario Hydro shall have regard to the policy statements issued under subsection 3 (1), if,
(a) the matter or proceeding was commenced on or after March 28, 1995; and
(b) no decision has been made in respect of the matter or proceeding.
Deemed commencement
(5) For the purposes of clauses (3) (a) and (4) (a), a matter or proceeding shall be deemed to have been commenced,
(a) in the case of a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;
(b) in the case of an application for an amendment to a zoning by-law under section 34 that has been refused or has not been decided before the day this section comes into force, on the day the application is made;
(c) in the case of an application for a minor variance under section 45, on the day the application is made;
(d) in the case of an application for the approval of a plan of subdivision under section 51, on the day the application is made; and
(e) in the case of an application for a consent under section 53, on the day the application is made.
Determination of date of decision
(6) For the purposes of clauses (3) (b) and (4) (b), a decision shall be deemed to have been made,
(a) in the case of a request for an amendment to an official plan by any person or public body, on the day that,
(i) the council or planning board adopts all or part of the amendment,
(ii) the council or planning board refuses to adopt all or part of the amendment, or
(iii) the approval authority proposes to approve, modifies and approves or refuses to approve all or part of the amendment;
(b) in the case of an application for an amendment to a zoning by-law under section 34, on the day that,
(i) the council passes the amending by-law, or
(ii) the council refuses the application to amend the by-law;
(c) in the case of an application for a minor variance under section 45, on the day a decision is made by the committee of adjustment;
(d) in the case of an application for the approval of a plan of subdivision under section 51, on the day that the approval authority decides to give or refuses to give approval to the draft plan under subsection 51 (31); and
(e) in the case of an application for a consent under section 53, on the day the council or the Minister gives or refuses to give a provisional consent.
Transition
(7) If subsection (3) applies to all or part of an official plan, subsection 3 (8) of the Act, as it read before the coming into force of section 3 of the Land Use Planning and Protection Act, 1995, does not apply to the plan.
45. The Act is amended by adding the following section:
Transition - residential units
76. (1) If on November 16, 1995, a detached house, semi-detached house or row house was used or occupied as two residential units, section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of the Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to that house.
Same
(2) Section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of the Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to a detached house, a semi-detached house or a row house with two residential units if on or before November 16, 1995:
(a) a permit has been issued under section 8 or 10 of the Building Code Act permitting the erection, alteration, occupancy or use of the house for two residential units; and
(b) the building permit has not been revoked under section 8 of the Building Code Act.
PART II
OTHER AMENDMENTS
ASSESSMENT ACT
46. Section 53 of the Assessment Act is repealed and the following substituted:
Disclosure of information, offence
53. (1) Every person employed by the Ministry of Finance, a municipality or a school board who in the course of the person's duties acquires or has access to actual income and expense information on individual properties, and who wilfully discloses or permits to be disclosed any such information to any other person not likewise entitled in the course of the person's duties to acquire or have access to the information, is guilty of an offence and on conviction is liable to a fine of not more than $2000, or to imprisonment for a term of not more than six months, or to both.
Exception
(2) This section does not prevent disclosure of that information,
(a) to the Minister or any official or authorized person employed by the Ministry of Finance; or
(b) by any person being examined as a witness in an assessment appeal or in a proceeding in court involving an assessment matter.
Information
(3) Subject to subsection (1), the assessment commissioner shall make available to all municipalities and school boards within the assessment region for which the assessment commissioner is appointed, information sufficient to meet their planning requirements.
Purpose
(4) The information provided under subsection (3) shall not be used by the municipalities or school boards for any other purpose.
Disclosure
(5) Subject to subsection (1), the Minister may disclose any information that relates to the determination of the value of any real property or the amount of any business assessment that isnot required to be disclosed on an assessment roll on such terms as he or she determines.
DEVELOPMENT CHARGES ACT
47. Section 2 of the Development Charges Act is amended by adding "and Housing" after "Affairs" in the first line.
48. (1) Clause 3 (1) (b) of the Act is repealed and the following substituted:
(b) the approval of a minor variance or an application under section 45 or 45.1 of the Planning Act;
(2) Section 3 of the Act is amended by adding the following subsections:
Approval required
(8) A by-law passed under subsection (1) does not come into force until it is approved by the Minister of Municipal Affairs and Housing.
Exception
(9) The approval of the Minister of Municipal Affairs and Housing is not required to repeal a development charge by-law.
49. (1) Subsections 4 (3) and (4) of the Act are repealed and the following substituted:
Notice
(3) If the council passes a development charge by-law, the clerk of the municipality shall give written notice of the passing of the by-law in the form and to the persons and organizations prescribed and the notice shall specify that written comments may be forwarded to the Minister of Municipal Affairs and Housing.
When notice to be given
(3.1) The notice under subsection (3) shall be given not later than the later of,
(a) 15 days after the by-law is passed; and
(b) 15 days after the Land Use Planning and Protection Act, 1995 receives Royal Assent.
Record
(4) If the council passes a development charge by-law, the clerk shall forward a record to the Minister of Municipal Affairs and Housing which shall include,
(a) a copy of the by-law certified by the clerk;
(b) any background study or report;
(c) an affidavit or declaration of the clerk of the municipality certifying that the requirements for the holding of a public meeting under subsection (1) have been complied with;
(d) an affidavit or declaration of the clerk of the municipality certifying that the requirements for the giving of notice under subsection (3) have been complied with; and
(e) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed.
Minister's discretion
(4.1) The Minister of Municipal Affairs and Housing may approve or refuse to approve a by-law in whole or in part, in his or her absolute discretion, and his or her decision is final.
(2) Subsection 4 (5) of the Act is amended by striking out "subsection (4)" in the first line and substituting "subsection (3)".
(3) Subsections 4 (6) to (12) of the Act are repealed.
50. Subsections 5 (1) to (6) of the Act are repealed and the following substituted:
Date approved
(1) A development charge by-law comes into force on the date it is approved by the Minister of Municipal Affairs and Housing.
51. Section 6 of the Act is repealed.
52. (1) Section 7 of the Act is amended by adding the following subsections:
Approval
(1.1) An amendment to a development charge by-law does not come into force until it is approved by the Minister of Municipal Affairs and Housing.
Exception
(1.2) Despite subsection (1.1) the approval of the Minister of Municipal Affairs and Housing is not required for an amendment for the sole purpose of,
(a) deleting a provision in the by-law which provides for the term of the by-law; or
(b) reducing the amount of the charge.
(2) Subsection 7 (2) of the Act is amended by striking out "subsection (1)" at the end and substituting "this section".
53. Section 13 of the Act is amended by adding the following subsection:
To whom credit given
(4) A credit under subsection (1) or (2) may be given to an owner who applies for a building permit or his or her authorized agent or as otherwise agreed to in writing by the parties entitled to the credit, the municipality and any third party.
54. Section 16 of the Act is amended by adding the following subsection:
More than one service
(1.1) Where a development charge by-law designates more than one service, the treasurer shall keep records of the separate reserve fund or funds which show,
(a) revenues allocated to each service and expenditures for each service; and
(b) credits allocated from or owing to each service.
55. Section 17 of the Act is amended by adding the following subsection:
Statement to be provided
(2) The treasurer shall provide a copy of the statement to the Minister of Municipal Affairs and Housing within 60 days of furnishing it to the council.
56. Clause 30 (1) (b) of the Act is repealed and the following substituted:
(b) the approval of a minor variance under section 45 or 45.1 of the Planning Act.
Transition
57. Sections 3, 4, 5, 6 and 7 of the Development Charges Act, as they read on November 15, 1995 continue to apply to a development charge by-law or an amendment to a development charge by-law passed on or before that date.
ENVIRONMENTAL PROTECTION ACT
58. (1) Clause 82 (2) (c) of the Environmental Protection Act is amended by inserting "or 45.1" after "45" in the last line.
(2) Clause 82 (3) (c) of the Act is amended by inserting "or 45.1" after "45" in the fifth line.
MUNICIPAL ACT
59. The Municipal Act is amended by adding the following section:
Registration of residential units in houses
207.3 (1) In this section,
"residential unit" means a unit that,
(a) consists of a self-contained set of rooms located in a building or structure,
(b) is used as a residential premises,
(c) contains kitchen and bathroom facilities that are used only by the occupants of the unit,
(d) is used as a single housekeeping unit, which includes a unit in which no occupant has exclusive possession of any part of the unit, and
(e) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit; ("unité d'habitation")
"two-unit house" means a detached house, a semi-detached house or a row house which contains two residential units. ("maison à double logement")
Registration
(2) The council of every municipality which has the authority to pass by-laws under section 34 of the Planning Act may pass by-laws,
(a) providing for the registration of two-unit houses or such classes of them as may be set out in the by-law and the revocation of registrations; and
(b) appointing a registrar to register two-unit houses in a public register, to revoke registrations and to perform such other duties related thereto as may be set out in the by-law.
Content of By-law
(3) A by-law passed under this section may,
(a) prohibit any person from operating or permitting the occupancy of more than one residential unit in a two-unit house unless the house is registered;
(b) specify the standards which must be met to register a two-unit house or any class of two-unit houses;
(c) require such inspections of two-unit houses as are necessary to determine, before registration, if they comply with the standards specified in the by-law;
(d) designate one or more persons as inspectors for the purposes of this section; and
(e) fix fees for the registration and inspection of two-unit houses.
Single registration
(4) A two-unit house, once registered, remains registered without payment of any renewal or other fees, unless the registration is revoked.
Requirement for standards
(5) The standards specified in the by-law for registration of a two-unit house may only include any combination of standards which apply to the two-unit house at the time of registration and which are prescribed,
(a) in a by-law passed by the municipality, other than a by-law authorized by this section; and
(b) by statute or regulation.
Entry and inspection
(6) Subject to subsection (7), an inspector may at all reasonable times and upon producing proper identification, enter upon land and into buildings without a warrant to inspect a building for compliance with a by-law under clause (3) (a), (b) or (c).
Where warrant required
(7) Except under the authority of a search warrant issued under subsection (8), an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant.
Search Warrant
(8) Section 49.1 of the Planning Act applies with necessary modifications to an offence alleged to have been committed under a by-law passed under this section.
Obstruction
(9) No person shall obstruct or attempt to obstruct an inspector in carrying out an inspection under this section.
Offence
(10) Every person who contravenes subsection (9), and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence.
Appeal
(11) The decision of the registrar to refuse or revoke the registration of a two-unit house is subject to an appeal to the Ontario Court (General Division) and the decision of the court is final.
ONTARIO HERITAGE ACT
60. (1) Clause 29 (4) (c) of the Ontario Heritage Act is amended by striking out "the first" in the fourth line.
(2) Subsection 29 (5) of the Act is amended by striking out "first" in the third line.
(3) Section 29 of the Act is amended by adding the following subsection:
Withdrawal of objection
(15) A person who has served a notice of objection under subsection (5) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (6) as if no notice of objection had been served.
61. (1) Clause 31 (4) (c) of the Act is amended by striking out "the first" in the fourth line.
(2) Subsection 31 (6) of the Act is amended by striking out "(14)" in the first line and substituting "(15)".
62. Section 32 of the Act is amended by adding the following subsection:
Withdrawal of application
(13) The owner may withdraw an application made under subsection (4) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearinginto the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (2) as if no application had been made under subsection (4).
63. Section 33 of the Act is amended by adding the following subsection:
Withdrawal of application
(14) The owner may withdraw an application made under subsection (6) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the clerk of the municipality and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the council shall act in accordance with subsection (4) as if no application had been made under subsection (6).
64. Subsection 48 (3) of the Act is repealed.
65. Section 49 of the Act is amended by adding the following subsection:
Withdrawal of hearing request
(12) An applicant or licensee who has submitted a notice requiring a hearing under subsection (2) may withdraw the notice at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1) as if no notice had been submitted under subsection (2).
66. (1) Clause 52 (3) (d) of the Act is amended by striking out "the first" in the fourth line.
(2) Subsection 52 (4) of the Act is amended by striking out "the first" in the third line.
(3) Section 52 of the Act is amended by adding the following subsection:
Withdrawal of objection
(14) A person who has served a notice of objection under subsection (4) may withdraw the objection at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matteris in progress, shall discontinue the hearing and the Minister shall act in accordance with subsection (5) as if no notice of objection had been served.
67. Section 55 of the Act is amended by adding the following subsection:
Withdrawal of application
(12) The owner may withdraw an application made under subsection (4) at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister shall act in accordance with subsection (2) as if no application had been made under subsection (4).
68. Section 58 of the Act is amended by adding the following subsection:
Withdrawal of hearing request
(10) An applicant or permittee who has requested a hearing under subsection (2) may withdraw the request at any time before the conclusion of a hearing into the matter by serving a notice of withdrawal on the Minister and on the Review Board and, upon receipt of the notice of withdrawal, the Review Board shall not hold a hearing into the matter or, if a hearing into the matter is in progress, shall discontinue the hearing and the Minister may carry out the proposal stated in the notice under subsection (1) as if the applicant or permittee had not requested a hearing.
69. Subsection 67 (3) of the Act is repealed.
70. The Act is amended by adding the following section:
Pre-hearing conference
67.1 (1) In any case under this Act where the Review Board is required to hold a hearing, the Review Board may direct the parties to a hearing to participate in a pre-hearing conference to consider,
(a) the settlement of any or all of the issues;
(b) the simplification of the issues;
(c) facts or evidence that may be agreed upon;
(d) the dates by which any steps respecting the hearing are to be taken or begun;
(e) the estimated duration of the hearing; and
(f) any other matter that may assist in the just and most expeditious disposition of the hearing.
Who conducts conference
(2) The chair of the Review Board may designate a member of the Review Board or any other person to conduct a pre-hearing conference.
Orders
(3) A member of the Review Board who conducts a pre-hearing conference may make such orders as he or she considers necessary or advisable with respect to the conduct of the hearing, including adding parties.
Disqualification
(4) A member of the Review Board who conducts a pre-hearing conference at which the parties attempt to settle issues shall not conduct the hearing into the matter unless the parties consent.
Electronic pre-hearing conference
(5) A pre-hearing conference may be held by conference telephone or some other form of electronic technology that allows persons to hear one another.
Exception
(6) A pre-hearing conference shall not be held in the manner described in subsection (5) if one of the parties satisfies the person conducting the conference that such a conference is likely to cause the party significant prejudice.
Same
(7) Subsection (6) does not apply if the only purpose of the pre-hearing conference is to deal with procedural matters.
Participants to be able to hear one another
(8) In a pre-hearing conference held in the manner described in subsection (5), all the parties and the person conducting the conference must be able to hear one another throughout the conference.
REGIONAL MUNICIPALITIES ACT
71. Subsection 98 (1) of the Regional Municipalities Act as amended by the Statutes of Ontario, 1994, chapter 23, section 89, is further amended by striking out "and 45" in the seventh line and substituting "45 or 45.1".
72. Subsection 100 (1) of the Act is amended by inserting "45.1" after "45" in the ninth line.
RENTAL HOUSING PROTECTION ACT
73. Paragraph 4 of section 6 of the Rental Housing Protection Act is repealed and the following substituted:
4. A minor variance under section 45 or 45.1 of the Planning Act.
PART III
COMMENCEMENT AND SHORT TITLE
Commencement
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then block and delete the extra 2. 00. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
74. (1) Subject to subsections (2) and (3), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Retroactive effect
(2) Subsections 8 (2) and 19 (1), section 21, subsection 29 (5), section 45 and sections 48 to 52 and 57 shall be deemed to have come into force on November 16, 1995.
Royal Assent
(3) Sections 60 to 70 come into force on the day this Act receives Royal Assent.
Short title
75. The short title of this Act is the Land Use Planning and Protection Act, 1995.