[38] Bill 26 Royal Assent (PDF)
Bill 26 2004
An Act to amend
the Planning Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 1 (1) of the Planning Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 3, 1996, chapter 4, section 1 and 2002, chapter 17, Schedule B, section 1, is amended by adding the following definition:
"area of settlement" means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; ("zone de peuplement")
2. Subsections 3 (5) and (6) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 3 and amended by 1998, chapter 15, Schedule E, section 27, are repealed and the following substituted:
Consistency with policy statements
(5) A decision of 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, in respect of the exercise of any authority that affects a planning matter, shall be consistent with policy statements issued under subsection (1).
Advice
(6) Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government shall be consistent with policy statements issued under subsection (1).
3. (1) Subsection 17 (40) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by striking out "90" and substituting "180".
(2) Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9 and amended by 1999, chapter 12, Schedule M, section 22, 2000, chapter 26, Schedule K, section 5 and 2002, chapter 17, Schedule B, section 5, is amended by adding the following subsections:
Matters of provincial interest
(51) Where an appeal is made to the Municipal Board under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the plan or the parts of the plan in respect of which the appeal is made, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the provisions of the plan by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
No hearing or notice required
(52) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (51).
Confirmation by L.G. in C.
(53) If the Municipal Board has received notice from the Minister under subsection (51), the decision of the Board is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of the provisions.
Action of L.G. in C.
(54) The Lieutenant Governor in council may confirm, vary or rescind the decision of the Municipal Board in respect of the provisions of the plan identified in the notice and in doing so may direct the Minister to modify the provisions of the plan.
4. (1) Clause 22 (1) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 65 days after the request is received".
(2) Clause 22 (2) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 65 days after the request is received".
(3) Clause 22 (6) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "(7) (a) to (d)" and substituting "(7) (c) and (d)".
(4) Clauses 22 (7) (a) and (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, are repealed.
(5) Clause 22 (7) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "90" and substituting "180".
(6) Clause 22 (7) (d) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "90" and substituting "180".
(7) Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13 and amended by 1999, chapter 12, Schedule M, section 23, is amended by adding the following subsections:
Restriction re: appeal
(7.1) Despite subsection (7), a person or public body may not appeal to the Municipal Board in respect of all or any part of a requested amendment if the amendment or part of the amendment proposes to alter all or any part of the boundary of an area of settlement in a municipality or to establish a new area of settlement in a municipality.
Same
(7.2) Despite subsection 17 (36), a person or public body may not appeal to the Municipal Board in respect of the refusal of the approval authority to approve any part of a plan that proposes to alter all or any part of the boundary of an area of settlement in a municipality or to establish a new area of settlement in a municipality if the part of the plan formed all or part of an amendment requested under subsection (1) or (2).
Same
(7.3) Despite subsection 17 (40), a person or public body may not appeal to the Municipal Board in respect of any part of a plan that proposes to alter all or any part of the boundary of an area of settlement in a municipality or to establish a new area of settlement in a municipality if the part of the plan formed all or part of an amendment requested under subsection (1) or (2).
Exception
(7.4) Despite subsections (7.1), (7.2) and (7.3), a person or public body may appeal to the Municipal Board in respect of any part of a plan that proposes to alter all or any part of the boundary of an area of settlement in a lower-tier municipality or to establish a new area of settlement in a lower-tier municipality if that part of the plan conforms with the official plan of the upper-tier municipality.
(8) Subsection 22 (9.2) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 12, Schedule M, section 23, is amended by striking out "(7) (a), (b), (c) or (d)" and substituting "(7) (c) or (d)".
(9) Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13 and amended by 1999, chapter 12, Schedule M, section 23, is amended by adding the following subsections:
Matters of provincial interest
(11.1) Where an appeal is made to the Municipal Board under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
No hearing or notice required
(11.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (11.1).
Confirmation by L.G. in C.
(11.3) If the Municipal Board has received notice from the Minister under subsection (11.1), the decision of the Board is not final and binding in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions.
Action of L.G. in C.
(11.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice and in doing so may direct the Minister to modify the amendment to the plan.
(10) Subsection 22 (12) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "(7) (a), (b), (c) or (d)" and substituting "(7) (c) or (d)".
5. (1) Subsection 23 (5) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 15, is amended by adding "but the decision is not final and binding unless the Lieutenant Governor in Council has confirmed it" at the end.
(2) Section 23 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 15, is amended by adding the following subsection:
Powers of L.G. in C.
(6) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board made under subsection (5) and in doing so may direct the Minister to amend the plan in such manner as the Lieutenant Governor in Council may determine.
6. (1) Subsection 34 (11) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 21, is amended by striking out "90" and substituting "120".
(2) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, 1994, chapter 23, section 21, 1996, chapter 4, section 20, 1999, chapter 12, Schedule M, section 25, 2000, chapter 26, Schedule K, section 5 and 2002, chapter 17, Schedule B, section 10, is amended by adding the following subsection:
Restriction
(11.0.1) Despite subsection (11), a person or public body may not appeal to the Municipal Board in respect of all or any part of a requested amendment to a by-law if the amendment or part of the amendment proposes to implement an alteration to all or any part of the boundary of an area of settlement in a municipality or to implement a new area of settlement in a municipality.
(3) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, 1994, chapter 23, section 21, 1996, chapter 4, section 20, 1999, chapter 12, Schedule M, section 25, 2000, chapter 26, Schedule K, section 5 and 2002, chapter 17, Schedule B, section 10, is amended by adding the following subsections:
Matters of provincial interest
(27) Where an appeal is made to the Municipal Board under subsection (11) or (19), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
No hearing or notice required
(28) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (27).
No order to be made
(29) If the Municipal Board has received notice from the Minister under subsection (27) and has made a decision on the by-law, the Board shall not make an order under subsection (11) or (26) in respect of the part or parts of the by-law identified in the notice.
Action of L.G. in C.
(29.1) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine.
(4) Subsection 34 (30) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 20, is amended by adding "or as are repealed or amended by the Lieutenant Governor in Council under subsection (29.1)" after "subsection (26)".
7. (1) Subsection 36 (3) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 22, is amended by striking out "90" and substituting "120".
(2) Section 36 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 22 and 1996, chapter 4, section 22, is amended by adding the following subsections:
Matters of provincial interest
(3.1) Where an appeal is made to the Municipal Board under subsection (3), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Board in writing not later than 30 days before the day fixed by the Board for the hearing of the appeal and the Minister shall identify,
(a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and
(b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.
No hearing or notice required
(3.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (3.1).
No order to be made
(3.3) If the Municipal Board has received notice from the Minister under subsection (3.1) and has made a decision on the by-law, the Board shall not make an order under subsection (3) in respect of the part or parts of the by-law identified in the notice.
Action of L.G. in C.
(3.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine.
8. Subsection 51 (34) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30 and amended by 1996, chapter 4, section 28, is amended by striking out "90" and substituting "180".
9. Subsection 53 (14) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 23, section 32 and amended by 1996, chapter 4, section 29, is amended by striking out "60" and substituting "90".
10. The Act is amended by adding the following section:
Regulations
70.4 (1) The Minister may make regulations,
(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the Strong Communities (Planning Amendment) Act, 2004 came into force;
(b) modifying or replacing all or any part of the definition of "area of settlement" in subsection 1 (1).
Same
(2) Without limiting clause (1) (a), a regulation under that clause may,
(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day immediately before the Strong Communities (Planning Amendment) Act, 2004 came into force and which matters and proceedings must be continued and disposed of under this Act as it read on the day the Strong Communities (Planning Amendment) Act, 2004 came into force;
(b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation.
Retroactive
(3) A regulation under this section may be retroactive to December 15, 2003.
Scope
(4) A regulation under this section may be general or particular in its application.
Conflict
(5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation.
Commencement
11. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.
Same
(2) Section 2 comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(3) Section 1, subsections 4 (1), (2), (3), (4), (7), (8) and (10), subsection 6 (2) and section 10 shall be deemed to have come into force on December 15, 2003.
Short title
12. The short title of this Act is the Strong Communities (Planning Amendment) Act, 2004.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 26 and does not form part of the law. Bill 26 has been enacted as Chapter 18 of the Statutes of Ontario, 2004.
The purpose of the Bill is to change the criteria that must be met when any decision, comment, submission or advice is made or provided by a municipality, local board, planning board, the provincial government or a board, commission or agency of the provincial government that affects a land use planning matter. The decisions, comments, submissions and advice must be "consistent with" policy statements issued by the Minister. This is a change from the current criteria which requires those bodies to have "regard to" policy statements issued by the Minister in exercising any authority that affects a planning matter or when providing comments, submissions or advice. (Section 2 of the Bill).
The Bill also increases the time period for making decisions before appeals may be made to the Ontario Municipal Board from 90 to 180 days under subsection 17 (40) (official plans), clauses 22 (7) (c) and (d) (amendments to official plans) and subsection 51 (34) (subdivision and condominium approvals), from 90 to 120 days under subsections 34 (11) (zoning by-laws) and 36 (3) (holding by-laws) and from 60 to 90 days under subsection 53 (14) (consent applications) of the Planning Act.
Clauses 22 (1) (b) and 22 (2) (b) of the Act are amended to remove the deadline of 65 days in which a municipality or planning board, in respect of a request for an amendment to an official plan, must hold a public meeting or comply with the alternative measures set out in the official plan. Clauses 22 (7) (a) and (b) of the Act, which allow an appeal to the Ontario Municipal Board for failure to give notice of a public meeting under subsection 17 (15), are repealed.
The right to appeal to the Ontario Municipal Board in respect of amendments to official plans and zoning by-laws is eliminated if the amendment relates to the alteration of a boundary of an area of settlement or the creation of an area of settlement and the municipality has not adopted the amendment.
The powers of the Ontario Municipal Board to make an order or decision in an appeal respecting an official plan, amendments to an official plan, a zoning by-law or a holding by-law would be restricted if the Minister is of the opinion that all or any part of the proposed amendment, plan or by-law adversely affects a matter of provincial interest. The decisions respecting such matters would be determined by the Lieutenant Governor in Council.
A new section 70.4 would give the Minister power to make regulations respecting transitional matters relating to matters and proceedings that were commenced before or after this Act comes into force.
Other amendments are complementary in nature.