[38] Bill 51 Royal Assent (PDF)

Bill 51 2006

An Act to amend the
Planning Act and the
Conservation Land Act
and to make related amendments
to other Acts

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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 AMENDMENTS

1.  (1)  Subsection 1 (1) of the Planning Act is amended by adding the following definition:

"area of employment" means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; ("zone d'emploi")

(2)  Subsection 1 (1) of the Act is amended by adding the following definition:

"local appeal body" means an appeal body for certain local land use planning matters, constituted under section 8.1; ("organisme d'appel local")

(3)  Subsection 1 (1) of the Act is amended by adding the following definition:

"provincial plan" means,

(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,

(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

(d) a development plan approved under the Ontario Planning and Development Act, 1994,

(e) a growth plan approved under the Places to Grow Act, 2005, or

(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; ("plan provincial")

(4)  Subsection 1 (1) of the Act is amended by adding the following definition:

"residential unit" means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used or intended for use as residential premises, and

(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. ("unité d'habitation")

(5)  Subsection 1 (2) of the Act is amended by striking out "17 (24) and (36), 34 (19)" and substituting 17 (24), (36) and (40), 22 (7.4), 34 (19)".

(6)  Section 1 of the Act is amended by adding the following subsection:

Uses re "area of employment"

(5)  The uses referred to in the definition of "area of employment" in subsection (1) are,

(a) manufacturing uses;

(b) warehousing uses;

(c) office uses;

(d) retail uses that are associated with uses mentioned in clauses (a) to (c); and

(e) facilities that are ancillary to uses mentioned in clauses (a) to (d).

2.  The Act is amended by adding the following section:

Information and material to be made available to public

1.0.1  Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public.

3.  Section 2 of the Act is amended by adding the following clause:

(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

4.  The Act is amended by adding the following section:

Decisions of councils and approval authorities

2.1  When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to,

(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

(b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a).

5.  Subsections 3 (5) and (6) of the Act are repealed and the following substituted:

Policy statements and provincial plans

(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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

Same

(6)  Comments, submissions or advice affecting 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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

6.  Subsection 4 (1) of the Act is amended by striking out "and section 50 of the Condominium Act".

7.  The Act is amended by adding the following section:

Local appeal body

8.1  (1)  If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5).

Local and upper-tier municipalities

(2)  For greater certainty, this section applies to both local and upper-tier municipalities.

Term and qualifications

(3)  A person who is appointed to the local appeal body,

(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

(b) shall have the prescribed qualifications, if any.

Eligibility criteria

(4)  In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria.

Restriction

(5)  The council shall not appoint to the local appeal body a person who is,

(a) an employee of the municipality;

(b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or

(c) a member of a prescribed class.

Power to hear appeals

(6)  The council may by by-law empower the local appeal body to hear appeals under,

(a) subsection 45 (12);

(b) subsections 53 (14), (19) and (27); or

(c) the provisions listed in both clauses (a) and (b).

Effect of by-law under subs. (6)

(7)  If a by-law has been passed under subsection (6),

(a) the local appeal body has all the powers and duties of the Municipal Board under the relevant provisions of this Act;

(b) all references in this Act to the Municipal Board in connection with appeals shall be read as references to the local appeal body; and

(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Municipal Board.

Prescribed requirements

(8)  The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body.

Fee

(9)  An appellant shall pay to the local appeal body any fee that the council establishes by by-law.

Appeal

(10)  An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law.

Saving

(11)  For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1).

Exception, related appeals

(12)  Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Municipal Board, not to the local appeal body, if a related appeal,

(a) has previously been made to the Board and has not yet been finally disposed of; or

(b) is made to the Board together with the appeal under a provision listed in subsection (6).

Same

(13)  For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made,

(a) under section 17, 22, 34, 36, 38, 41 or 51 or in relation to a development permit system; and

(b) in respect of the same matter as the appeal under a provision listed in subsection (6).

Dispute

(14)  A person may make a motion for directions to have the Municipal Board determine a dispute about whether subsection (12) or (16) applies to an appeal.

Final determination

(15)  The Municipal Board's determination under subsection (14) is not subject to appeal or review.

O.M.B. to assume jurisdiction

(16)  If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed in respect of a related appeal, the Municipal Board shall assume jurisdiction to hear the first-mentioned appeal.

Same

(17)  When the Municipal Board assumes jurisdiction as described in subsection (16), the local appeal body,

(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and

(b) shall not take any further action with respect to the appeal.

Withdrawal of power

(18)  The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made.

Exception

(19)  An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order.

Effect of withdrawal

(20)  If an order is made under subsection (18),

(a) the Municipal Board shall hear all appeals to which the order applies; and

(b) the local appeal body to which the order relates shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies.

Revocation of withdrawal

(21)  The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (18).

Exception

(22)  An order made under subsection (21) does not apply to an appeal if the hearing before the Municipal Board has begun on or before the date of the order.

Effect of revocation

(23)  If an order is made under subsection (21),

(a) the local appeal body shall hear all appeals to which the order applies; and

(b) the Municipal Board shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies.

Restriction

(24)  This section does not authorize a municipality to,

(a) establish a joint local appeal body together with one or more other municipalities; or

(b) empower a local appeal body that is established by another municipality to hear appeals.

City of Toronto

(25)  This section does not apply with respect to the City of Toronto.

Transition

(26)  This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (6) by the council of the relevant municipality comes into force.

8.  Subsection 16 (1) of the Act is repealed and the following substituted:

Contents of official plan

(1)  An official plan shall contain,

(a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and

(b) such other matters as may be prescribed.

Same

(2)  An official plan may contain,

(a) a description of the measures and procedures proposed to attain the objectives of the plan;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and

(c) such other matters as may be prescribed.

9.  (1)  Subsection 17 (9) of the Act is amended by adding at the beginning "Subject to subsection 26 (6)".

(2)  Subsections 17 (15) to (19) of the Act are repealed and the following substituted:

Consultation and public meeting

(15)  In the course of the preparation of a plan, the council shall ensure that,

(a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;

(b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;

(c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and

(d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan.

Open house

(16)  If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c).

Notice

(17)  Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall,

(a) be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) be accompanied by the prescribed information.

Timing of open house

(18)  If an open house is required under subsection (16), it shall be held no later than seven days before the public meeting required under clause (15) (d) is held.

Timing of public meeting

(19)  The public meeting required under clause (15) (d) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Information and material

(19.1)  The information and material referred to in clause (15) (c), including a copy of the current proposed plan, shall be made available to the public at least 20 days before the public meeting required under clause (15) (d) is held.

Participation in public meeting

(19.2)  Every person who attends a public meeting required under clause (15) (d) shall be given an opportunity to make representations in respect of the current proposed plan.

Alternative procedure

(19.3)  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 and if the measures are complied with, subsections (15) to (19.2) do not apply to the proposed amendments, but subsections (19.4) and (19.6) do apply.

Open house

(19.4)  If subsection (19.3) applies and the plan is being revised under section 26 or amended in relation to a development permit system,

(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed amendments; and

(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting.

Information

(19.5)  At a public meeting under clause (15) (d), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (24) and (36).

Where alternative procedures followed

(19.6)  If subsection (19.3) applies, the information required under subsection (19.5) 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.

(3)  Subsection 17 (21) of the Act is amended by adding "and material" after "information".

(4)  Subsection 17 (24) of the Act is repealed and the following substituted:

Right to appeal

(24)  If the plan is exempt from approval, any of the following may, not later than 20 days after the day that the giving of 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 a notice of appeal with the clerk of the municipality:

1. A person or public body who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.

2. The Minister.

3. The appropriate approval authority.

4. In the case of a request to amend the plan, the person or public body that made the request.

No appeal re second unit policies

(24.1)  Despite subsection (24), there is no appeal in respect of official plan policies adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(24.2)  Subsection (24.1) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(5)  Section 17 of the Act is amended by adding the following subsection:

Same

(30.1)  Subsection (30) also applies, with necessary modifications, when there is no longer any appeal with respect to a particular part of the decision of council as the result of a partial withdrawal of one or more appeals.

(6)  Subsection 17 (36) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(36)  Any of the following may, not later than 20 days after the day that the giving of 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:

1. A person or public body who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.

2. The Minister.

3. In the case of a request to amend the plan, the person or public body that made the request.

No appeal re second unit policies

(36.1)  Despite subsection (36), there is no appeal in respect of the approval of official plan policies adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(36.2)  Subsection (36.1) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(7)  Section 17 of the Act is amended by adding the following subsections:

Restriction re adding parties

(44.1)  Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (44.2).

2. The Minister.

3. The appropriate approval authority.

Same

(44.2)  The conditions mentioned in paragraph 1 of subsection (44.1) are:

1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New evidence at hearing

(44.3)  This subsection applies if information and material that is presented at the hearing of an appeal under subsection (24) or (36) was not provided to the municipality before the council made the decision that is the subject of the appeal.

Same

(44.4)  When subsection (44.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council's decision and, if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed.

Notice to council

(44.5)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(44.6)  The Municipal Board shall have regard to the council's recommendation if it is received within the time period referred to in subsection (44.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(44.7)  Subsections (44.1) to (44.6) apply despite the Statutory Powers Procedure Act.

(8)  Subsection 17 (45) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(9)  Clause 17 (45) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(10)  Clause 17 (45) (b) of the Act is repealed.

(11)  Section 17 of the Act is amended by adding the following subsection:

Same

(45.1)  Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(12)  Subsection 17 (46.1) of the Act is repealed and the following substituted:

Dismissal

(46.1)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate.

(13)  Section 17 of the Act is amended by adding the following subsection:

Same

(50.1)  For greater certainty, subsection (50) does not give the Municipal Board power to approve or modify any part of the plan that,

(a) is in effect; and

(b) was not dealt with in the decision of council to which the notice of appeal relates.

10.  (1)  Subsection 18 (4) of the Act is amended by striking out "(50)" and substituting "(50.1)".

(2)  Subsection 18 (5) of the Act is amended by striking out "(50)" and substituting "(50.1)".

11.  (1)  Clause 22 (1) (a) of the Act is amended by striking out "under subsection (4)" and substituting "under subsections (4) and (5), if any".

(2)  Clause 22 (2) (a) of the Act is amended by striking out "under subsection (4)" and substituting "under subsections (4) and (5), if any".

(3)  Subsection 22 (3) of the Act is repealed and the following substituted:

No open house or public meeting

(3)  Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.

Consultation

(3.1)  The council or planning board,

(a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and

(b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a).

(4)  Subsections 22 (5) and (6) of the Act are repealed and the following substituted:

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 any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(6)  Until the council or planning board has received the information and material required under subsections (4) and (5), if any, 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 paragraphs 1 and 2 of subsection (7.0.2) do not begin.

Response re completeness of request

(6.1)  Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(6.2)  Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (5) is reasonable.

Same

(6.3)  If the council or planning board does not give any notice under subsection (6.1), the person or public body may make a motion under subsection (6.2) at any time after the 30-day period described in subsection (6.1) has elapsed.

Notice of particulars and public access

(6.4)  Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (6.2), as the case may be, the council or planning board shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (4) and (5) available to the public.

Final determination

(6.5)  The Municipal Board's determination under subsection (6.2) is not subject to appeal or review.

Notice of refusal

(6.6)  A council or planning board that refuses a request to amend its official plan shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the request;

(b) each person or public body that filed a written request to be notified of a refusal;

(c) the appropriate approval authority; and

(d) any prescribed person or public body.

(5)  Subsection 22 (7) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(7)  When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following 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 one of the conditions set out in subsection (7.0.2) is met:

1. The person or public body that requested the amendment.

2. The Minister.

3. The appropriate approval authority.

Consolidated Hearings Act

(7.0.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an amendment requested under subsection (1) or (2) unless,

(a) one of the conditions set out in subsection (7.0.2) is met;

(b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22);

(c) the approval authority makes a decision under subsection 17 (34); or

(d) the time period referred to in subsection 17 (40) has expired.

Conditions

(7.0.2)  The conditions referred to in subsections (7) and (7.0.1) are:

1. The council or the planning board fails to adopt the requested amendment within 180 days after the day the request is received.

2. 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 180 days after the day the request is received.

3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment.

4. A planning board refuses to approve a requested amendment under subsection 18 (1).

Time for appeal

(7.0.3)  A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.6) is completed.

(6)  Subsections 22 (7.1), (7.2), (7.3) and (7.4) of the Act are repealed and the following substituted:

Appeals restricted re certain amendments

(7.1)  Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of,

(a) a refusal or failure to adopt an amendment described in subsection (7.2); or

(b) a refusal or failure to approve an amendment described in subsection (7.2).

Application of subs. (7.1)

(7.2)  Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to,

(a) alter all or any part of the boundary of an area of settlement in a municipality;

(b) establish a new area of settlement in a municipality; or

(c) amend or revoke official plan policies that are adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Same

(7.3)  If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added.

Exception

(7.4)  Despite subsection (7.1), a person or public body may appeal to the Municipal Board in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment,

(a) is in respect of the official plan of a lower-tier municipality; and

(b) conforms with the official plan of the upper-tier municipality.

(7)  Subsections 22 (9.2) and (9.3) of the Act are repealed and the following substituted:

Appeals withdrawn, amendment

(9.2)  If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be.

Decision final

(9.3)  If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.

(8)  Subsection 22 (11) of the Act is repealed and the following substituted:

Application

(11)  Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2).

(9)  Subsection 22 (12) of the Act is amended by striking out "appeals under clause (7) (c) or (d)" and substituting "appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2)".

(10)  Subsection 22 (13) of the Act is amended by striking out "appeals under clause (7) (e) or (f)" and substituting "appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2)".

12.  Subsection 24 (2) of the Act 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.

Same

(2.1)  A by-law referred to in subsection (2),

(a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and

(b) is of no force and effect, if the amendment to the official plan does not come into effect.

13.  Section 26 of the Act is repealed and the following substituted:

Updating official plan

26.  (1)  If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, not less frequently than every five years after the plan comes into effect as an official plan or after that part of a plan comes into effect as a part of an official plan, if the only outstanding appeals relate to those parts of the plan that propose to specifically designate land uses,

(a) revise the official plan as required to ensure that it,

(i) conforms with provincial plans or does not conflict with them, as the case may be,

(ii) has regard to the matters of provincial interest listed in section 2, and

(iii) is consistent with policy statements issued under subsection 3 (1); and

(b) revise the official plan, if it contains policies dealing with areas of employment, including, without limitation, the designation of areas of employment in the official plan and policies dealing with the removal of land from areas of employment, to ensure that those policies are confirmed or amended.

Effect of provincial plan conformity exercise

(2)  For greater certainty, the council revises the official plan under subsection (1) if it,

(a) amends the official plan, in accordance with another Act, to conform with a provincial plan; and

(b) in the course of making amendments under clause (a), complies with clauses (1) (a) and (b) and with all the procedural requirements of this section.

Consultation and special meeting

(3)  Before revising the official plan under subsection (1), the council shall,

(a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required; and

(b) hold a special meeting of council, open to the public, to discuss the revisions that may be required.

Notice

(4)  Notice of every special meeting to be held under clause (3) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting.

Public participation

(5)  The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject.

No exemption from approval

(6)  An order under subsection 17 (9) does not apply to an amendment made under subsection (1).

Declaration

(7)  Each time it revises the official plan under subsection (1), the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of subclauses (1) (a) (i), (ii) and (iii).

Direction by approval authority

(8)  Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay.

Updating zoning by-laws

(9)  No later than three years after a revision under subsection (1) or (8) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan.

Minister may request amendment to zoning by-law

(10)  The Minister may, if he or she is of the opinion that a zoning by-law in effect in the municipality does not conform with the official plan as revised under subsection (1) or (8), request the council of the municipality to pass an amendment to the zoning by-law to achieve conformity.

14.  (1)  The definition of "community improvement" in subsection 28 (1) of the Act is repealed and the following substituted:

"community improvement" means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; ("améliorations communautaires")

(2)  Section 28 of the Act is amended by adding the following subsection:

Affordable housing

(1.1)  Without limiting the generality of the definition of "community improvement" in subsection (1), for greater certainty, it includes the provision of affordable housing.

(3)  Subsection 28 (2) of the Act is amended by striking out "in a local municipality" and substituting "in a local municipality or in a prescribed upper-tier municipality".

(4)  Section 28 of the Act is amended by adding the following subsection:

Restriction re upper-tier municipality

(4.0.1)  The community improvement plan of an upper-tier municipality may deal only with prescribed matters.

(5)  Subsection 28 (4.1) of the Act is amended by striking out "17 (15) to (22) and (31) to (50)" and substituting "17 (15) to (23) and (31) to (50.1)".

(6)  Subsection 28 (4.2) of the Act is amended by striking out "17 (15) to (30), (44) to (47) and (49) and (50)" and substituting "17 (15) to (30.1), (44) to (47) and (49) to (50.1)".

(7)  Subsection 28 (4.4) of the Act is amended by striking out "17 (15), (16) and (17)" and substituting "17 (15) to (19.2)".

(8)  Subsections 28 (7) and (7.1) of the Act are repealed and the following substituted:

Grants or loans re eligible costs

(7)  For the purpose of carrying out a municipality's community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan.

Eligible costs

(7.1)  For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities.

Grants or loans between upper and lower-tier municipalities

(7.2)  The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans.

Maximum amount

(7.3)  The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings.

(9)  Subsection 28 (8) of the Act is amended by striking out "under subsection (6) or (7)" and substituting "under subsection (6), (7) or (7.2)".

(10)  Subsection 28 (11) of the Act is amended by striking out "An agreement entered into under subsection (10)" and substituting "An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10)".

15.  (1)  Subsection 34 (3) of the Act is repealed and the following substituted:

Area, density and height

(3)  The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law.

(2)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(3.1)  Subsection (3) does not apply with respect to the City of Toronto.

(3)  Section 34 of the Act is amended by adding the following subsection:

Consultation

(10.0.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section; and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(4)  Subsections 34 (10.2) and (10.3) of the Act are repealed and the following substituted:

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 any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(10.3)  Until the council has received the information and material required under subsections (10.1) and (10.2), if any, 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.

Response re completeness of application

(10.4)  Within 30 days after the person or public body that makes the application for an amendment to a by-law pays any fee under section 69, the council shall notify the person or public body that the information and material required under subsections (10.1) and (10.2), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(10.5)  Within 30 days after a negative notice is given under subsection (10.4), the person or public body or the council may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (10.2) is reasonable.

Same

(10.6)  If the council does not give any notice under subsection (10.4), the person or public body may make a motion under subsection (10.5) at any time after the 30-day period described in subsection (10.4) has elapsed.

Notice of particulars and public access

(10.7)  Within 15 days after the council gives an affirmative notice under subsection (10.4), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (10.5), as the case may be, the council shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (10.1) and (10.2) available to the public.

Final determination

(10.8)  The Municipal Board's determination under subsection (10.5) is not subject to appeal or review.

Notice of refusal

(10.9)  When a council refuses an application to amend its by-law, it shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the application;

(b) each person and public body that filed a written request to be notified of a refusal; and

(c) any prescribed person or public body.

(5)  Subsections 34 (11) and (11.0.1) of the Act are repealed and the following substituted:

Appeal to O.M.B.

(11)  Where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council refuses or neglects to make a decision on it within 120 days after the receipt by the clerk of the application, any of the following may appeal to the Municipal Board by filing a notice of appeal with the clerk of the municipality:

1. The applicant.

2. The Minister.

Consolidated Hearings Act

(11.0.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for an amendment to a by-law unless the council has made a decision on the application or the time period referred to in subsection (11) has expired.

Same

(11.0.2)  The Municipal Board shall hear the appeal under subsection (11) and shall,

(a) dismiss it;

(b) amend the by-law in such manner as the Board may determine; or

(c) direct that the by-law be amended in accordance with the Board's order.

Time for filing certain appeals

(11.0.3)  A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the day that the giving of notice under subsection (10.9) is completed.

Appeals restricted re certain amendments

(11.0.4)  Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to implement,

(a) an alteration to all or any part of the boundary of an area of settlement; or

(b) a new area of settlement.

Same

(11.0.5)  Despite subsection (11), if the official plan contains policies dealing with the removal of land from areas of employment, there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to remove any land from an area of employment, even if other land is proposed to be added.

(6)  Subsections 34 (12) to (14.2) of the Act are repealed and the following substituted:

Information and public meeting; open house in certain circumstances

(12)  Before passing a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11) or (26),

(a) the council shall ensure that,

(i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and

(ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and

(b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i).

Notice

(13)  Notice of the public meeting required under subclause (12) (a) (ii) and of the open house, if any, required by clause (12) (b),

(a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) shall be accompanied by the prescribed information.

Timing of open house

(14)  The open house required by clause (12) (b) shall be held no later than seven days before the public meeting required under subclause (12) (a) (ii) is held.

Timing of public meeting

(14.1)  The public meeting required under subclause (12) (a) (ii) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Participation in public meeting

(14.2)  Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law.

Alternative procedure

(14.3)  If an official plan sets out alternative measures for informing and securing the views of the public in respect of proposed zoning by-laws, and if those measures are complied with, subsections (12) to (14.2) do not apply to the proposed by-laws, but subsections (14.4) and (14.6) do apply.

Open house

(14.4)  If subsection (14.3) applies and the proposed by-law is required by subsection 26 (9) or is related to a development permit system,

(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed by-law; and

(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting.

Information

(14.5)  At a public meeting under subclause (12) (a) (ii), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (11) and (19).

Where alternative procedures followed

(14.6)  If subsection (14.3) applies, the information required under subsection (14.5) 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.

(7)  Section 34 of the Act is amended by adding the following subsections:

Conditions

(16)  If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location.

Same

(16.1)  The prescribed conditions referred to in subsection (16) may be made subject to such limitations as may be prescribed.

Same

(16.2)  When a prescribed condition is imposed under subsection (16),

(a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition;

(b) the agreement may be registered against the land to which it applies; and

(c) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

(8)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(16.3)  Subsections (16), (16.1) and (16.2) do not apply with respect to the City of Toronto.

(9)  Subsection 34 (17) of the Act is amended by striking out "the meeting mentioned in subsection (12)" and substituting "the public meeting mentioned in subclause (12) (a) (ii)".

(10)  Subsection 34 (19) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(19)  Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.

3. The Minister.

No appeal re second unit policies

(19.1)  Despite subsection (19), there is no appeal in respect of a by-law that is passed to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

(11)  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 (11) or (19) shall ensure that,

(a) a record that includes the prescribed information and material is compiled;

(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 (11.0.3) or (19), 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.

(12)  Section 34 of the Act is amended by adding the following subsections:

Restriction re adding parties

(24.1)  Despite subsection (24), in the case of an appeal under subsection (11) that relates to all or part of an application for an amendment to a by-law that is refused, or in the case of an appeal under subsection (19), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (24.2).

2. The Minister.

Same

(24.2)  The conditions mentioned in paragraph 1 of subsection (24.1) are:

1. Before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New information and material at hearing

(24.3)  This subsection applies if information and material that is presented at the hearing of an appeal described in subsection (24.1) was not provided to the municipality before the council made the decision that is the subject of the appeal.

Same

(24.4)  When subsection (24.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council's decision, and if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (24.5) has been complied with and the prescribed time period has elapsed.

Notice to council

(24.5)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(24.6)  The Municipal Board shall have regard to the council's recommendation if it is received within the time period mentioned in subsection (24.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(24.7)  Subsections (24.1) to (24.6) apply despite the Statutory Powers Procedure Act.

(13)  Subsection 34 (25) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(14)  Clause 34 (25) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(15)  Clause 34 (25) (a.1) of the Act is repealed.

(16)  Section 34 of the Act is amended by adding the following subsection:

Same

(25.1.1)  Despite the Statutory Powers Procedure Act and subsections (11.0.2) and (24), the Municipal Board may, on its own initiative or on the motion of the municipality or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(17)  Subsection 34 (25.2) of the Act is repealed and the following substituted:

Dismissal

(25.2)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25) or (25.1.1), as it considers appropriate.

(18)  The English version of subsection 34 (32) of the Act is amended by striking out "on its own motion" and substituting "on its own initiative".

16.  (1)  Section 41 of the Act is amended by adding the following subsection:

Exception

(1.1)  The definition of "development" in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.

(2)  Section 41 of the Act is amended by adding the following subsection:

Consultation

(3.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(3)  Paragraph 1 of subsection 41 (4) of the Act is amended by adding at the end "including facilities designed to have regard for accessibility for persons with disabilities".

(4)  Paragraph 2 of subsection 41 (4) of the Act is amended by striking out "and" at the end of subparagraph (b) and by adding the following subparagraphs:

(d) matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality;

(e) the sustainable design elements on any adjoining highway under a municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) are in effect in the municipality; and

(f) facilities designed to have regard for accessibility for persons with disabilities.

(5)  Subsections 41 (4.1), (4.2) and (4.3) of the Act are repealed and the following substituted:

Exclusions from site plan control

(4.1)  The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control:

1. Interior design.

2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4).

3. The manner of construction and standards for construction.

Dispute about scope of site plan control

(4.2)  The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control.

Final determination

(4.3)  The Municipal Board's determination under subsection (4.2) is not subject to appeal or review.

(6)  Clause 41 (7) (a) of the Act is amended by adding the following paragraph:

4.1 Facilities designed to have regard for accessibility for persons with disabilities.

(7)  Subsection 41 (7) of the Act is amended by adding the following clause:

(c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4);

(8)  Clause 41 (8) (a) of the Act is amended by adding the following subclause:

(v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities;

(9)  Subsection 41 (10) of the Act is amended by striking out "under clause (7) (c) or under clause (8) (b)" and substituting "under clause (7) (c) or (c.1) or under clause (8) (b)".

(10)  Subsection 41 (11) of the Act is amended by striking out "clause (7) (c)" and substituting "clause (7) (c) or (c.1)".

(11)  Section 41 of the Act is amended by adding the following subsection:

City of Toronto

(16)  This section does not apply to the City of Toronto, except for subsection (1.1), paragraph 1 of subsection (4), subparagraph 2 (f) of subsection (4) and paragraph 4.1 of clause (7) (a), which provisions apply with necessary modifications.

17.  (1)  Subsection 42 (6) of the Act is repealed and the following substituted:

Payment instead of conveyance

(6)  The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance.

No building without payment

(6.1)  If a payment is required under subsection (6), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made.

Redevelopment, reduction of payment

(6.2)  If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) by the value of that part.

Same

(6.3)  The conditions mentioned in subsection (6.2) are:

1. The official plan contains policies relating to the reduction of payments required under subsection (6).

2. No land is available to be conveyed for park or other public recreational purposes under this section.

Determination of value

(6.4)  For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.

(2)  Subsection 42 (10) of the Act is amended by striking out "the value of land under subsection (6)" and substituting "the value of land determined under subsection (6.4)".

18.  (1)  Subsection 45 (1) of the Act is amended by striking out "passed under section 34" and substituting "in effect under section 34".

(2)  Section 45 of the Act is amended by adding the following subsection:

Restriction

(1.1)  Subsection (1) does not allow the committee to authorize a minor variance from conditions imposed under subsection 34 (16) of this Act or under subsection 113 (2) of the City of Toronto Act, 2006.

(3)  Section 45 of the Act is amended by adding the following subsections:

Agreement re terms and conditions

(9.1)  If the committee imposes terms and conditions under subsection (9), it may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions, and in that case the requirement shall be set out in the decision.

Registration of agreement

(9.2)  An agreement entered into under subsection (9.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.

(4)  Subsection 45 (17) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(5)  Clause 45 (17) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

19.  (1)  Subsection 47 (12.1) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(2)  Clause 47 (12.1) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the person or public body requesting the hearing has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(3)  Section 47 of the Act is amended by adding the following subsections:

Minister's notice re matters of provincial interest

(13.1)  If the Municipal Board has been requested to hold a hearing as provided for in subsection (10) and the Minister is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the requested amendment or revocation, the Minister may so notify the Board in writing, not later than 30 days before the day fixed by the Board for the hearing.

Same

(13.2)  The Minister's notice shall identify,

(a) the provisions of the order by whose amendment or revocation 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.

Same

(13.3)  The Minister is not required to give notice or to hold a hearing before giving notice under subsection (13.1).

Effect of notice

(13.4)  If the Municipal Board receives notice from the Minister under subsection (13.1), the decision of the Board is not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision in that respect.

Power of Lieutenant Governor in Council

(13.5)  The Lieutenant Governor in Council may confirm, vary or rescind the Municipal Board's decision with respect to the amendment or revocation of provisions identified in the notice, and may direct the Minister to amend or revoke the order, in whole or in part.

20.  Section 48 of the Act is amended by striking out "a public utilities commission or other public or Crown agency" and substituting "a utilities distributor or a public or Crown agency".

21.  (1)  Subsection 50 (3) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(2)  Subsection 50 (5) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(3)  Subsection 50 (26) of the Act is repealed and the following substituted:

Copy of by-law to be lodged with approval authority

(26)  A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority.

22.  (1)  Section 51 of the Act is amended by adding the following subsection:

Consultation

(16.1)  The approval authority,

(a) shall permit applicants to consult with it before submitting applications under subsection (16); and

(b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).

(2)  Subsections 51 (18) and (19) of the Act are repealed and the following substituted:

Other information

(18)  An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(19)  Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,

(a) the approval authority may refuse to accept or further consider the application; and

(b) the time period referred to in subsection (34) does not begin.

Response re completeness of application

(19.1)  Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(19.2)  Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (18) is reasonable.

Same

(19.3)  If the approval authority does not give any notice under subsection (19.1), the applicant may make a motion under subsection (19.2) at any time after the 30-day period described in subsection (19.1) has elapsed.

Notice of particulars and public access

(19.4)  Within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Municipal Board advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), as the case may be, the council or planning board shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (17) and (18) available to the public.

Final determination

(19.5)  The Municipal Board's determination under subsection (19.2) is not subject to appeal or review.

(3)  Clause 51 (24) (l) of the Act is repealed and the following substituted:

(l) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy.

(4)  Subsection 51 (24) of the Act is amended by striking out "and" at the end of clause (k), by adding "and" at the end of clause (l) and by adding the following clause:

(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006.

(5)  Clause 51 (25) (b) of the Act is repealed and the following substituted:

(b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary;

(6)  Subsection 51 (32) of the Act is amended by striking out "the date of the order of the Municipal Board issued" and substituting "the date the Municipal Board's decision is issued".

(7)  Section 51 of the Act is amended by adding the following subsection:

Consolidated Hearings Act

(34.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired.

(8)  Subsection 51 (39) of the Act is repealed and the following substituted:

Appeal

(39)  Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

(9)  Subsection 51 (43) of the Act is repealed and the following substituted:

Appeal

(43)  At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any public body.

(10)  Subsection 51 (48) of the Act is repealed and the following substituted:

Appeal

(48)  Any of the following may appeal any of the changed conditions imposed by the approval authority to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

(11)  Section 51 of the Act is amended by adding the following subsections:

Restriction re adding parties

(52.1)  Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (52.2).

2. The Minister.

3. The appropriate approval authority.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

Same

(52.2)  The conditions mentioned in paragraph 1 of subsection (52.1) are:

1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New evidence at hearing

(52.3)  This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal.

Same

(52.4)  When subsection (52.3) applies, the Municipal Board may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority's decision and, if the Board determined that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed.

Notice to approval authority

(52.5)  The Municipal Board shall notify the approval authority that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Approval authority's recommendation

(52.6)  The Municipal Board shall have regard to the approval authority's recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(52.7)  Subsections (52.1) to (52.6) apply despite the Statutory Powers Procedure Act.

(12)  Subsection 51 (53) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(13)  Clause 51 (53) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(14)  Clause 51 (53) (b) of the Act is repealed.

(15)  Section 51 of the Act is amended by adding the following subsection:

Same

(53.1)  Despite the Statutory Powers Procedure Act and subsection (52), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(16)  Subsection 51 (54.1) of the Act is repealed and the following substituted:

Dismissal

(54.1)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate.

23.  (1)  Subsections 53 (3) and (4) of the Act are repealed and the following substituted:

Other information

(3)  A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(4)  Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,

(a) the council or the Minister may refuse to accept or further consider the application for a consent; and

(b) the time period referred to in subsection (14) does not begin.

Motion re dispute

(4.1)  The applicant, the council or the Minister may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or

(b) whether a requirement made under subsection (3) is reasonable.

Final determination

(4.2)  The Municipal Board's determination under subsection (4.1) is not subject to appeal or review.

(2)  Section 53 of the Act is amended by adding the following subsection:

Consolidated Hearings Act

(14.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired.

(3)  Subsection 53 (31) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(4)  Clause 53 (31) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

24.  The Act is amended by adding the following section:

Exempt undertakings

62.0.1  (1)  An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

(a) it has been approved under Part II or Part II.1 of the Environmental Assessment Act or is the subject of,

(i) an order under section 3.1 or a declaration under section 3.2 of that Act, or

(ii) an exempting regulation made under that Act; and

(b) a regulation under clause 70 (h) prescribing the undertaking or class of undertakings is in effect.

Same

(2)  An undertaking referred to in subsection 62 (1) that has been approved under the Environmental Assessment Act is not subject to section 113 or 114 of the City of Toronto Act, 2006.

25.  Section 70 of the Act is amended by adding the following clause:

(h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy.

26.  Subsection 70.1 (1) of the Act is repealed and the following substituted:

Regulations

(1)  The Minister may make regulations,

1. prescribing forms for the purposes of this Act and providing for their use;

2. prescribing information and material that are to be provided under this Act and the manner in which they are to be provided;

3. prescribing the manner in which any notice is to be given under this Act, including the persons or public bodies to whom it shall be given, the person or public bodies who shall give the notice and the contents of the notice;

4. prescribing the timing requirements for any notice given under any provision of this Act;

5. prescribing information and material that must be included in any record;

6. prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of "provincial plan" in subsection 1 (1);

7. prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3);

8. excluding any board, commission, agency or official from the definition of "public body" under subsection 1 (4);

9. prescribing conditions for the purpose of subsection 8.1 (1);

10. prescribing a term for the purpose of clause 8.1 (3) (a) and qualifications for the purpose of clause 8.1 (3) (b);

11. prescribing eligibility criteria for the purpose of subsection 8.1 (4);

12. prescribing classes for the purpose of clause 8.1 (5) (c);

13. prescribing requirements for the purpose of subsection 8.1 (8);

14. 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);

15. prescribing matters for the purpose of clause 16 (1) (b) and for the purpose of clause 16 (2) (c);

16. prescribing the processes to be followed and the materials to be developed under section 16.1;

17. prescribing municipalities for the purposes of subsection 17 (13) and section 69.2;

18. prescribing information and material for the purposes of clauses 17 (15) (a) and (b), public bodies for the purposes of clause 17 (15) (b) and the manner of making information and material available for the purposes of clause 17 (15) (c);

19. prescribing, for the purposes of clauses 17 (17) (a) and (b), clause 22 (6.4) (a), clause 34 (10.7) (a), clauses 34 (13) (a) and (b) and clause 51 (19.4) (a),

i. persons and public bodies,

ii. the manner of giving notice, and

iii. information;

20. prescribing time periods for the purpose of subsections 17 (44.4), 34 (24.4) and 51 (52.4);

21. prescribing public bodies for the purpose of clause 26 (3) (a);

22. prescribing upper-tier municipalities for the purpose of subsection 28 (2);

23. prescribing matters for the purpose of subsection 28 (4.0.1);

24. prescribing conditions for the purpose of subsection 34 (16) and limitations for the purpose of subsection 34 (16.1);

25. prescribing rules of procedure for committees of adjustment;

26. prescribing criteria for the purposes of subsection 50 (18.1) and subsection 57 (6);

27. requiring that notice be given under subsections 51 (20) and 53 (5);

28. prescribing rules of procedure under subsection 53 (9) for councils and their delegates;

29. prescribing persons or public bodies for the purposes of subsection 53 (10);

30. prescribing rules of procedure for district land division committees constituted under section 55;

31. 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.

27.  Subsection 70.2 (5) of the Act is amended by striking out "against any and all subsequent owners of the land" and substituting "against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land".

28.  The Act is amended by adding the following section:

Regulations

70.5  (1)  The Minister may make regulations,

(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date;

(b) modifying or replacing all or any part of the definition of "area of employment" in subsection 1 (1).

Same

(2)  A regulation under clause (1) (a) may, without limitation,

(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date;

(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 clause (1) (a) may be retroactive to December 12, 2005.

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.

Definition

(6)  In this section,

"effective date" means the date on which section 28 of the Planning and Conservation Land Statute Law Amendment Act, 2006 comes into force.

29.  (1)  Subsection 77 (3) of the Act is amended by striking out "42, 46" and substituting "42, 44, 45, 46".

(2)  Section 77 of the Act is amended by adding the following subsection:

Non-application of subs. (2)

(3.1)  If a lower-tier municipality passes a by-law constituting and appointing a committee of adjustment under subsection 44 (1), subsection (2) of this section ceases to apply to the council of the lower-tier municipality on the day the by-law comes into force, except with respect to matters that, on that day, are before the council and have not been finally disposed of.

PART II
AMENDMENTS TO OTHER ACTS

Conservation Land Act

30.  (1)  Subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the purposes prescribed by the regulations made under this Act; or

(e) for access to the land for the purposes referred to in clause (a), (b), (c) or (d).

Easement reserved by conservation body

(2.1)  When a conservation body conveys land, it may reserve an easement for a purpose referred to in subsection (2).

Same

(2.2)  A reference in any Act or regulation to easements granted under this Act also applies to easements reserved in accordance with subsection (2.1).

(2)  Section 3 of the Act is amended by adding the following subsection:

No merger of registered easement

(6.1)  If a conservation body that is a party to an easement that is registered as described in subsection (5) becomes the owner of the affected land,

(a) the easement is suspended but does not merge; and

(b) if the conservation body afterwards conveys the land, the easement becomes effective again.

(3)  Subsection 3 (11) of the Act is amended by adding the following clauses:

(c) prescribing purposes for the purpose of clause (2) (d);

(d) providing for and respecting one or more registries of easements and covenants under this Act.

Conveyancing and Law of Property Act

31.  Subsection 61 (4) of the Conveyancing and Law of Property Act is repealed and the following substituted:

Same

(4)  Nothing in this section applies to covenants and easements,

(a) established under the Agricultural Research Institute of Ontario Act; or

(b) entered into or granted under the Conservation Land Act.

Greenbelt Act, 2005

32.  Clause 9 (1) (a) of the Greenbelt Act, 2005 is amended by striking out "make a determination under subsection 26 (1) of the Planning Act" and substituting "revise an official plan in accordance with subsection 26 (1) of the Planning Act".

Land Titles Act

33.  Section 119 of the Land Titles Act is amended by adding the following subsection:

Same

(12)  The following provisions do not apply to a covenant or easement entered into or granted under the Conservation Land Act:

1. Clause (4) (c).

2. The rule with respect to modification and discharge of covenants in subsection (5).

3. Subsection (9).

Municipal Act, 2001

34.  Subsection 106 (3) of the Municipal Act, 2001 is amended by striking out "subsection 28 (6) or (7) of the Planning Act" and substituting "subsection 28 (6), (7) or (7.2) of the Planning Act".

PART III
MISCELLANEOUS, COMMENCEMENT AND SHORT TITLE

Duffins Rouge Agricultural Preserve Act, 2005 (Bill 16)

35.  (1)  This section applies only if Bill 16 (An Act respecting the Duffins Rouge Agricultural Preserve, introduced on October 31, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 16 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 16 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 16.

(3)  On the later of the day subsection 30 (1) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the conservation, preservation or protection of the land for agricultural purposes;

(e) for the purposes prescribed by the regulations made under this Act; or

(f) for access to the land for the purposes referred to in clause (a), (b), (c), (d) or (e).

(4)  On the later of the day subsection 30 (3) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, clause 3 (11) (c) of the Conservation Land Act, as amended by subsection 30 (3) of this Act, is amended by striking out "clause (2) (d)" and substituting "clause (2) (e)".

Budget Measures Act (No. 2), 2005 (Bill 18)

36.  (1)  This section applies only if Bill 18 (An Act to implement 2005 Budget measures and amend various Acts, introduced on November 2, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 18 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 18 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 18.

(3)  On the later of the day section 14 of this Act comes into force and the day subsection 1 (6) of Schedule 17 to Bill 18 comes into force, section 365.1 of the Municipal Act, 2001 is amended by adding the following subsection:

Same

(4.2)  An upper-tier municipality may pass a resolution under subsection (4.1) even if it has no upper-tier community improvement plan that is in effect, and the by-law so agreed to is binding on the upper-tier municipality despite section 106.

Commencement

37.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)  Sections 1 to 20, subsection 21 (3) and sections 22 to 29, 32 and 34 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

38.  The short title of this Act is the Planning and Conservation Land Statute Law Amendment Act, 2006.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 51 and does not form part of the law. Bill 51 has been enacted as Chapter 23 of the Statutes of Ontario, 2006.

Amendments to Planning Act and consequential amendments to other Acts

The Bill makes numerous amendments to the Planning Act. Most of these would modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and brownfield redevelopment. Some technical and housekeeping amendments are also included, as well as consequential amendments to the Greenbelt Act, 2005 and the Municipal Act, 2001.

Among the amendments the Bill makes to the Planning Act are the following:

The list of matters of provincial interest in section 2 of the Act is expanded to include the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. (Section 3 of Bill)

When approval authorities or the Ontario Municipal Board make decisions relating to planning matters, they are required to have regard to decisions made by municipal councils and approval authorities relating to the same planning matters. (Section 2.1 of Act, section 4 of Bill)

Subsections 3 (5) and (6) of the Act are rewritten to require that municipal and provincial planning decisions and documents be consistent with and conform with the provincial policy statements and provincial plans that are in existence when the decisions are made or the documents are issued. (Section 5 of Bill)

Municipalities that meet the minimum requirements will have power to establish optional local appeal bodies that would deal with certain planning matters instead of the Ontario Municipal Board. (Section 8.1 of Act, section 7 of Bill)

Regulations may be made to specify additional matters to be included in official plans. (Subsections 16 (1) and (2) of Act, section 8 of Bill)

Appeals to the Ontario Municipal Board in respect of amendments to official plans and zoning by-laws involving the reduction of designated areas of employment are restricted. (Subsections 22 (7.1) to (7.4) of Act, subsection 11 (6) of Bill; subsection 34 (11.0.3) of Act, subsection 15 (5) of Bill)

Ontario Municipal Board hearings with respect to certain planning matters are limited to certain parties. (Subsections 17 (24), (36) and (44.1) of Act, subsections 9 (4), (6) and (7) of Bill; subsections 34 (11), (19) and (24.1) of Act, subsections 15 (5), (10) and (12) of Bill; subsections 51 (39), (43), (48) and (52.1) of Act, subsections 22 (8), (9), (10) and (11) of Bill)

Requirements for public notice, information and consultation are enhanced. (Subsections 17 (15) to (19.6) of Act, subsection 9 (2) of Bill; subsections 22 (3.1) and (5) to (6.6) of Act, subsections 11 (3) and (4) of Bill; subsections 34 (10.0.1), (10.2) to (10.9), (12) to (14.6) of Act, subsections 15 (3), (4) and (6) of Bill)

Section 26 of the Act currently requires municipalities with official plans to hold special meetings that are open to the public, at least every five years, to determine whether official plan revisions are needed. The section is rewritten to strengthen and clarify the requirement to update official plans with respect to provincial plans, matters of provincial interest, provincial policy statements and designated areas of employment. (Section 26 of Act, section 13 of Bill)

The scope of community improvement plans is expanded. Upper-tier municipalities are permitted to establish community improvement plans for limited purposes, and municipalities at each level may participate financially in the other level's community improvement plan. (Section 28 of Act, section 14 of Bill)

The Bill clarifies that municipalities' power to regulate the density of development includes power to regulate minimum and maximum height, and minimum as well as maximum density. Municipalities are authorized to impose conditions on zoning. (Subsections 34 (3), (16) and (16.2) of Act, subsections 15 (1) and (7) of Bill)

Municipalities may establish second unit policies as of right, without appeal to the Ontario Municipal Board. (Subsections 17 (24.1) and (36.1) and 34 (19.1) of Act, subsections 9 (4) and (6) and 15 (10) of Bill)

The Ontario Municipal Board's power to determine appeals of ministerial zoning orders under section 47 is restricted if the Minister is of the opinion that all or any part of the requested changes adversely affect matters of provincial interest. In that case, the determination is made by the Lieutenant Governor in Council. (Subsections 47 (13.1) to (13.5) of Act, subsection 19 (3) of Bill)

The Lieutenant Governor in Council may, by regulation, exempt from the Planning Act approval process or from sections 113 or 114 of the City of Toronto Act, 2006 undertakings that relate to energy and have been approved or exempted under the Environmental Assessment Act. (Section 62.0.1 of Act, section 24 of Bill)

Amendments to Conservation Land Act and consequential amendments to other Acts

The Bill also amends the Conservation Land Act with respect to conservation easements and covenants, and makes related amendments to the Conveyancing and Law of Property Act, the Land Titles Act, the Municipal Act, 2001 and the Planning Act.

The purposes for which conservation easements and covenants may be established under the Conservation Land Act are expanded to include protection of water quality and quantity, watershed protection and management, and further purposes that may be added by regulation. Technical amendments are made to facilitate the creation and preservation of conservation easements and covenants. Provision is also made for registries of conservation easements and covenants, to be established by regulation. (Subsections 3 (2), (2.1), (2.2), (6.1) and (11) of Act, section 30 of Bill)

The Planning Act is amended to ensure that the subdivision control and part-lot control provisions of section 50 do not interfere with the creation of conservation easements and covenants. (Subsections 21 (1) and (2) of Bill)

The Conveyancing and Law of Property Act is amended to provide that conservation easements and covenants, unlike easements and covenants in general, are not subject to being modified or discharged by a court. (Section 31 of Bill)

The Land Titles Act is amended to exempt conservation easements and covenants from various technical restrictions that apply to easements and covenants in general. (Section 33 of Bill)

The Municipal Act, 2001 is amended to update cross-references to the Planning Act.

[38] Bill 51 As Amended by Standing Committee (PDF)

Bill 51 2006

An Act to amend the
Planning Act and the
Conservation Land Act
and to make related amendments
to other Acts

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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 AMENDMENTS

1.  (1)  Subsection 1 (1) of the Planning Act is amended by adding the following definition:

"area of employment" means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; ("zone d'emploi")

(2)  Subsection 1 (1) of the Act is amended by adding the following definition:

"local appeal body" means an appeal body for certain local land use planning matters, constituted under section 8.1; ("organisme d'appel local")

(3)  Subsection 1 (1) of the Act is amended by adding the following definition:

"provincial plan" means,

(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,

(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

(d) a development plan approved under the Ontario Planning and Development Act, 1994,

(e) a growth plan approved under the Places to Grow Act, 2005, or

(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; ("plan provincial")

(4)  Subsection 1 (1) of the Act is amended by adding the following definition:

"residential unit" means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used or intended for use as residential premises, and

(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. ("unité d'habitation")

(5)  Subsection 1 (2) of the Act is amended by striking out "17 (24) and (36), 34 (19)" and substituting 17 (24), (36) and (40), 22 (7.3), 34 (19)".

(6)  Section 1 of the Act is amended by adding the following subsection:

Uses re "area of employment"

(5)  The uses referred to in the definition of "area of employment" in subsection (1) are,

(a) manufacturing uses;

(b) warehousing uses;

(c) office uses;

(d) retail uses that are associated with uses mentioned in clauses (a) to (c); and

(e) facilities that are ancillary to uses mentioned in clauses (a) to (d).

1.1  The Act is amended by adding the following section:

Information and material to be made available to public

1.0.1  Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public.

2.  Section 2 of the Act is amended by adding the following clause:

(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

3.  The Act is amended by adding the following section:

Decisions of councils and approval authorities

2.1  When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to,

(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

(b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a).

4.  Subsections 3 (5) and (6) of the Act are repealed and the following substituted:

Policy statements and provincial plans

(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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

Same

(6)  Comments, submissions or advice affecting 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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

5.  Subsection 4 (1) of the Act is amended by striking out "and section 50 of the Condominium Act".

6.    The Act is amended by adding the following section:

Local appeal body

8.1  (1)  If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (2), (3) and (4).

Local and upper-tier municipalities

(1.1)  For greater certainty, this section applies to both local and upper-tier municipalities.

Term and qualifications

(2)  A person who is appointed to the local appeal body,

(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

(b) shall have the prescribed qualifications, if any.

Eligibility criteria

(3)  In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria.

Restriction

(4)  The council shall not appoint to the local appeal body a person who is,

(a) an employee of the municipality;

(b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or

(c) a member of a prescribed class.

Power to hear appeals

(5)  The council may by by-law empower the local appeal body to hear appeals under,

(a) subsection 45 (12);

(b) subsections 53 (14), (19) and (27); or

(c) the provisions listed in both clauses (a) and (b).

Effect of by-law under subs. (5)

(6)  If a by-law has been passed under subsection (5),

(a) the local appeal body has all the powers and duties of the Municipal Board under the relevant provisions of this Act;

(b) all references in this Act to the Municipal Board in connection with appeals shall be read as references to the local appeal body; and

(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Municipal Board.

Prescribed requirements

(7)  The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body.

Fee

(8)  An appellant shall pay to the local appeal body any fee that the council establishes by by-law.

Appeal

(9)  An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law.

Saving

(10)  For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1).

Exception, related appeals

(11)  Despite subsection (6), an appeal under a provision listed in subsection (5) shall be made to the Municipal Board, not to the local appeal body, if a related appeal,

(a) has previously been made to the Board and has not yet been finally disposed of; or

(b) is made to the Board together with the appeal under a provision listed in subsection (5).

Same

(12)  For the purposes of subsections (11) and (15), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (5) if it is made,

(a) under section 17, 22, 34, 36, 38, 41 or 51 or in relation to a development permit system; and

(b) in respect of the same matter as the appeal under a provision listed in subsection (5).

Dispute

(13)  A person may make a motion for directions to have the Municipal Board determine a dispute about whether subsection (11) or (15) applies to an appeal.

Final determination

(14)  The Municipal Board's determination under subsection (13) is not subject to appeal or review.

O.M.B. to assume jurisdiction

(15)  If an appeal has been made to a local appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal is filed in respect of a related appeal, the Municipal Board shall assume jurisdiction to hear the first-mentioned appeal.

Same

(16)  When the Municipal Board assumes jurisdiction as described in subsection (15), the local appeal body,

(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and

(b) shall not take any further action with respect to the appeal.

Withdrawal of power

(17)  The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (5) and (6), and the order may be in respect of the appeals specified in the order, subject to subsection (18), or in respect of any or all appeals made after the order is made.

Exception

(18)  An order made under subsection (17) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order.

Effect of withdrawal

(19)  If an order is made under subsection (17),

(a) the Municipal Board shall hear all appeals to which the order applies; and

(b) the local appeal body to which the order relates shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies.

Revocation of withdrawal

(20)  The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (17).

Exception

(21)  An order made under subsection (20) does not apply to an appeal if the hearing before the Municipal Board has begun on or before the date of the order.

Effect of revocation

(22)  If an order is made under subsection (20),

(a) the local appeal body shall hear all appeals to which the order applies; and

(b) the Municipal Board shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies.

Restriction

(23)  This section does not authorize a municipality to,

(a) establish a joint local appeal body together with one or more other municipalities; or

(b) empower a local appeal body that is established by another municipality to hear appeals.

City of Toronto

(24)  This section does not apply with respect to the City of Toronto.

Transition

(25)  This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (5) by the council of the relevant municipality comes into force.

7.  Subsection 16 (1) of the Act is repealed and the following substituted:

Contents of official plan

(1)  An official plan shall contain,

(a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and

(b) such other matters as may be prescribed.

Same

(2)  An official plan may contain,

(a) a description of the measures and procedures proposed to attain the objectives of the plan;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and

(c) such other matters as may be prescribed.

8.  (1)  Subsection 17 (9) of the Act is amended by adding at the beginning "Subject to subsection26 (6)".

(2)  Subsections 17 (15) to (19) of the Act are repealed and the following substituted:

Consultation and public meeting

(15)  In the course of the preparation of a plan, the council shall ensure that,

(a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;

(b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;

(c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and

(d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan.

Open house

(16)  If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c).

Notice

(17)  Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall,

(a) be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) be accompanied by the prescribed information.

Timing of open house

(18)  If an open house is required under subsection (16), it shall be held no later than seven days before the public meeting required under clause (15) (d) is held.

Timing of public meeting

(19)  The public meeting required under clause (15) (d) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Information and material

(19.1)  The information and material referred to in clause (15) (c), including a copy of the current proposed plan, shall be made available to the public at least 20 days before the public meeting required under clause (15) (d) is held.

Participation in public meeting

(19.2)  Every person who attends a public meeting required under clause (15) (d) shall be given an opportunity to make representations in respect of the current proposed plan.

Alternative procedure

(19.3)  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 and if the measures are complied with, subsections (15) to (19.2) do not apply to the proposed amendments, but subsections (19.4) and (19.6) do apply.

Open house

(19.4)  If subsection (19.3) applies and the plan is being revised under section 26 or amended in relation to a development permit system,

(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed amendments; and

(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting.

Information

(19.5)  At a public meeting under clause (15) (d), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (24) and (36).

Where alternative procedures followed

(19.6)  If subsection (19.3) applies, the information required under subsection (19.5) 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.

(5)  Subsection 17 (21) of the Act is amended by adding "and material" after "information".

(6)  Subsection 17 (24) of the Act is repealed and the following substituted:

Right to appeal

(24)  If the plan is exempt from approval, any of the following may, not later than 20 days after the day that the giving of 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 a notice of appeal with the clerk of the municipality:

1. A person or public body who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.

2. The Minister.

3. The appropriate approval authority.

4. In the case of a request to amend the plan, the person or public body that made the request.

No appeal re second unit policies

(24.1)  Despite subsection (24), there is no appeal in respect of official plan policies adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(24.2)  Subsection (24.1) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(7)  Section 17 of the Act is amended by adding the following subsection:

Same

(30.1)  Subsection (30) also applies, with necessary modifications, when there is no longer any appeal with respect to a particular part of the decision of council as the result of a partial withdrawal of one or more appeals.

(8)  Subsection 17 (36) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(36)  Any of the following may, not later than 20 days after the day that the giving of 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:

1. A person or public body who, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council.

2. The Minister.

3. In the case of a request to amend the plan, the person or public body that made the request.

No appeal re second unit policies

(36.1)  Despite subsection (36), there is no appeal in respect of the approval of official plan policies adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(36.2)  Subsection (36.1) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(9)  Section 17 of the Act is amended by adding the following subsections:

Restriction re adding parties

(44.1)  Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (44.2).

2. The Minister.

3. The appropriate approval authority.

Same

(44.2)  The conditions mentioned in paragraph 1 of subsection (44.1) are:

1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New evidence at hearing

(44.3)  This subsection applies if information and material that is presented at the hearing of an appeal under subsection (24) or (36) was not provided to the municipality before the council made the decision that is the subject of the appeal.

Same

(44.4)  When subsection (44.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council's decision and, if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed.

Notice to council

(44.5)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(44.6)  The Municipal Board shall have regard to the council's recommendation if it is received within the time period referred to in subsection (44.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(44.7)  Subsections (44.1) to (44.6) apply despite the Statutory Powers Procedure Act.

(9.1)  Subsection 17 (45) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(10)  Clause 17 (45) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(11)  Clause 17 (45) (b) of the Act is repealed.

(11.1)  Section 17 of the Act is amended by adding the following subsection:

Same

(45.1)  Despite the Statutory Powers Procedure Act and subsection (44), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(11.2)  Subsection 17 (46.1) of the Act is repealed and the following substituted:

Dismissal

(46.1)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate.

(12)  Section 17 of the Act is amended by adding the following subsection:

Same

(50.1)  For greater certainty, subsection (50) does not give the Municipal Board power to approve or modify any part of the plan that,

(a) is in effect; and

(b) was not dealt with in the decision of council to which the notice of appeal relates.

9.  (1)  Subsection 18 (4) of the Act is amended by striking out "(50)" and substituting "(50.1)".

(2)  Subsection 18 (5) of the Act is amended by striking out "(50)" and substituting "(50.1)".

10.  (1)  Clause 22 (1) (a) of the Act is amended by striking out "under subsection (4)" and substituting "under subsections (4) and (5), if any".

(2)  Clause 22 (2) (a) of the Act is amended by striking out "under subsection (4)" and substituting "under subsections (4) and (5), if any".

(3)  Subsection 22 (3) of the Act is repealed and the following substituted:

No open house or public meeting

(3)  Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.

Consultation

(3.1)  The council or planning board,

(a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and

(b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a).

(4)  Subsections 22 (5) and (6) of the Act are repealed and the following substituted:

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 any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(6)  Until the council or planning board has received the information and material required under subsections (4) and (5), if any, 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 paragraphs 1 and 2 of subsection (7.0.2) do not begin.

Response re completeness of request

(6.1)  Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(6.1.1)  Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (5) is reasonable.

Same

(6.1.2)  If the council or planning board does not give any notice under subsection (6.1), the person or public body may make a motion under subsection (6.1.1) at any time after the 30-day period described in subsection (6.1) has elapsed.

Notice of particulars and public access

(6.1.3)  Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (6.1.1), as the case may be, the council or planning board shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (4) and (5) available to the public.

Final determination

(6.2)  The Municipal Board's determination under subsection (6.1.1) is not subject to appeal or review.

Notice of refusal

(6.3)  A council or planning board that refuses a request to amend its official plan shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the request;

(b) each person or public body that filed a written request to be notified of a refusal;

(c) the appropriate approval authority; and

(d) any prescribed person or public body.

(5)  Subsection 22 (7) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(7)  When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following 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 one of the conditions set out in subsection (7.0.2) is met:

1. The person or public body that requested the amendment.

2. The Minister.

3. The appropriate approval authority.

Consolidated Hearings Act

(7.0.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an amendment requested under subsection (1) or (2) unless,

(a) one of the conditions set out in subsection (7.0.2) is met;

(b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22);

(c) the approval authority makes a decision under subsection 17 (34); or

(d) the time period referred to in subsection 17 (40) has expired.

Conditions

(7.0.2)  The conditions referred to in subsections (7) and (7.0.1) are:

1. The council or the planning board fails to adopt the requested amendment within 180 days after the day the request is received.

2. 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 180 days after the day the request is received.

3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment.

4. A planning board refuses to approve a requested amendment under subsection 18 (1).

Time for appeal

(7.0.3)  A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.3) is completed.

(6)  Subsections 22 (7.1), (7.2), (7.3) and (7.4) of the Act are repealed and the following substituted:

Appeals restricted re certain amendments

(7.1)  Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of,

(a) a refusal or failure to adopt an amendment described in subsection (7.2); or

(b) a refusal or failure to approve an amendment described in subsection (7.2).

Application of subs. (7.1)

(7.2)  Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to,

(a) alter all or any part of the boundary of an area of settlement in a municipality;

(b) establish a new area of settlement in a municipality; or

(c) amend or revoke official plan policies that are adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Same

(7.2.1)  If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added.

Exception

(7.3)  Despite subsection (7.1), a person or public body may appeal to the Municipal Board in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment,

(a) is in respect of the official plan of a lower-tier municipality; and

(b) conforms with the official plan of the upper-tier municipality.

(7)  Subsections 22 (9.2) and (9.3) of the Act are repealed and the following substituted:

Appeals withdrawn, amendment

(9.2)  If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be.

Decision final

(9.3)  If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.

(8)  Subsection 22 (11) of the Act is repealed and the following substituted:

Application

(11)  Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2).

(9)  Subsection 22 (12) of the Act is amended by striking out "appeals under clause (7) (c) or (d)" and substituting "appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2)".

(10)  Subsection 22 (13) of the Act is amended by striking out "appeals under clause (7) (e) or (f)" and substituting "appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2)".

11.  Subsection 24 (2) of the Act 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.

Same

(2.1)  A by-law referred to in subsection (2),

(a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and

(b) is of no force and effect, if the amendment to the official plan does not come into effect.

12.  Section 26 of the Act is repealed and the following substituted:

Updating official plan

26.  (1)  If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, not less frequently than every five years after the plan comes into effect as an official plan or after that part of a plan comes into effect as a part of an official plan, if the only outstanding appeals relate to those parts of the plan that propose to specifically designate land uses,

(a) revise the official plan as required to ensure that it,

(i) conforms with provincial plans or does not conflict with them, as the case may be,

(ii) has regard to the matters of provincial interest listed in section 2, and

(iii) is consistent with policy statements issued under subsection 3 (1); and

(b) revise the official plan, if it contains policies dealing with areas of employment, including, without limitation, the designation of areas of employment in the official plan and policies dealing with the removal of land from areas of employment, to ensure that those policies are confirmed or amended.

Effect of provincial plan conformity exercise

(2)  For greater certainty, the council revises the official plan under subsection (1) if it,

(a) amends the official plan, in accordance with another Act, to conform with a provincial plan; and

(b) in the course of making amendments under clause (a), complies with clauses (1) (a) and (b) and with all the procedural requirements of this section.

Consultation and special meeting

(3)  Before revising the official plan under subsection (1), the council shall,

(a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required; and

(b) hold a special meeting of council, open to the public, to discuss the revisions that may be required.

Notice

(4)  Notice of every special meeting to be held under clause (3) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting.

Public participation

(5)  The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject.

No exemption from approval

(6)  An order under subsection 17 (9) does not apply to an amendment made under subsection (1).

Declaration

(7)  Each time it revises the official plan under subsection (1), the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of subclauses (1) (a) (i), (ii) and (iii).

Direction by approval authority

(8)  Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay.

Updating zoning by-laws

(9)  No later than three years after a revision under subsection (1) or (8) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan.

Minister may request amendment to zoning by-law

(10)  The Minister may, if he or she is of the opinion that a zoning by-law in effect in the municipality does not conform with the official plan as revised under subsection (1) or (8), request the council of the municipality to pass an amendment to the zoning by-law to achieve conformity.

13.  (1)  The definition of "community improvement" in subsection 28 (1) of the Act is repealed and the following substituted:

"community improvement" means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; ("améliorations communautaires")

(1.1)  Section 28 of the Act is amended by adding the following subsection:

Affordable housing

(1.1)  Without limiting the generality of the definition of "community improvement" in subsection (1), for greater certainty, it includes the provision of affordable housing.

(2)  Subsection 28 (2) of the Act is amended by striking out "in a local municipality" and substituting "in a local municipality or in a prescribed upper-tier municipality".

(3)  Section 28 of the Act is amended by adding the following subsection:

Restriction re upper-tier municipality

(4.0.1)  The community improvement plan of an upper-tier municipality may deal only with prescribed matters.

(4)  Subsection 28 (4.1) of the Act is amended by striking out "17 (15) to (22) and (31) to (50)" and substituting "17 (15) to (23) and (31) to (50.1)".

(4.1)  Subsection 28 (4.2) of the Act is amended by striking out "17 (15) to (30), (44) to (47) and (49) and (50)" and substituting "17 (15) to (30.1), (44) to (47) and (49) to (50.1)".

(5)  Subsection 28 (4.4) of the Act is amended by striking out "17 (15), (16) and (17)" and substituting "17 (15) to (17.3)".

(6)  Subsections 28 (7) and (7.1) of the Act are repealed and the following substituted:

Grants or loans re eligible costs

(7)  For the purpose of carrying out a municipality's community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan.

Eligible costs

(7.1)  For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities.

Grants or loans between upper and lower-tier municipalities

(7.2)  The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans.

Maximum amount

(7.3)  The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings.

(6.1)  Subsection 28 (8) of the Act is amended by striking out "under subsection (6) or (7)" and substituting "under subsection (6), (7) or (7.2)".

(7)  Subsection 28 (11) of the Act is amended by striking out "An agreement entered into under subsection (10)" and substituting "An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10)".

14.  (1)  Subsection 34 (3) of the Act is repealed and the following substituted:

Area, density and height

(3)  The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law.

(2)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(3.1)  Subsection (3) does not apply with respect to the City of Toronto.

(3)  Section 34 of the Act is amended by adding the following subsection:

Consultation

(10.0.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section; and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(4)  Subsections 34 (10.2) and (10.3) of the Act are repealed and the following substituted:

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 any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(10.3)  Until the council has received the information and material required under subsections (10.1) and (10.2), if any, 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.

Response re completeness of application

(10.4)  Within 30 days after the person or public body that makes the application for an amendment to a by-law pays any fee under section 69, the council shall notify the person or public body that the information and material required under subsections (10.1) and (10.2), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(10.4.1)  Within 30 days after a negative notice is given under subsection (10.4), the person or public body or the council may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (10.2) is reasonable.

Same

(10.4.2)  If the council does not give any notice under subsection (10.4), the person or public body may make a motion under subsection (10.4.1) at any time after the 30-day period described in subsection (10.4) has elapsed.

Notice of particulars and public access

(10.4.3)  Within 15 days after the council gives an affirmative notice under subsection (10.4), or within 15 days after the Municipal Board advises the clerk of its affirmative decision under subsection (10.4.1), as the case may be, the council shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (10.1) and (10.2) available to the public.

Final determination

(10.5)  The Municipal Board's determination under subsection (10.4.1) is not subject to appeal or review.

Notice of refusal

(10.6)  When a council refuses an application to amend its by-law, it shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the application;

(b) each person and public body that filed a written request to be notified of a refusal; and

(c) any prescribed person or public body.

(5)  Subsections 34 (11) and (11.0.1) of the Act are repealed and the following substituted:

Appeal to O.M.B.

(11)  Where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council refuses or neglects to make a decision on it within 120 days after the receipt by the clerk of the application, any of the following may appeal to the Municipal Board by filing a notice of appeal with the clerk of the municipality:

1. The applicant.

2. The Minister.

Consolidated Hearings Act

(11.0.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for an amendment to a by-law unless the council has made a decision on the application or the time period referred to in subsection (11) has expired.

Same

(11.0.2)  The Municipal Board shall hear the appeal under subsection (11) and shall,

(a) dismiss it;

(b) amend the by-law in such manner as the Board may determine; or

(c) direct that the by-law be amended in accordance with the Board's order.

Time for filing certain appeals

(11.0.3)  A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the day that the giving of notice under subsection (10.6) is completed.

Appeals restricted re certain amendments

(11.0.4)  Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to implement,

(a) an alteration to all or any part of the boundary of an area of settlement; or

(b) a new area of settlement.

Same

(11.0.5)  Despite subsection (11), if the official plan contains policies dealing with the removal of land from areas of employment, there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to remove any land from an area of employment, even if other land is proposed to be added.

(6)  Subsections 34 (12) to (14.2) of the Act are repealed and the following substituted:

Information and public meeting; open house in certain circumstances

(12)  Before passing a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11) or (26),

(a) the council shall ensure that,

(i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and

(ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and

(b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i).

Notice

(13)  Notice of the public meeting required under subclause (12) (a) (ii) and of the open house, if any, required by clause (12) (b),

(a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) shall be accompanied by the prescribed information.

Timing of open house

(14)  The open house required by clause (12) (b) shall be held no later than seven days before the public meeting required under subclause (12) (a) (ii) is held.

Timing of public meeting

(14.1)  The public meeting required under subclause (12) (a) (ii) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Participation in public meeting

(14.2)  Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law.

Alternative procedure

(14.3)  If an official plan sets out alternative measures for informing and securing the views of the public in respect of proposed zoning by-laws, and if those measures are complied with, subsections (12) to (14.2) do not apply to the proposed by-laws, but subsections (14.4) and (14.6) do apply.

Open house

(14.4)  If subsection (14.3) applies and the proposed by-law is required by subsection 26 (9) or is related to a development permit system,

(a) the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the proposed by-law; and

(b) if a public meeting is also held, the open house shall be held no later than seven days before the public meeting.

Information

(14.5)  At a public meeting under subclause (12) (a) (ii), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (11) and (19).

Where alternative procedures followed

(14.6)  If subsection (14.3) applies, the information required under subsection (14.5) 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.

(9)  Section 34 of the Act is amended by adding the following subsections:

Conditions

(16)  If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location.

Same

(16.0.1)  The prescribed conditions referred to in subsection (16) may be made subject to such limitations as may be prescribed.

Same

(16.1)  When a prescribed condition is imposed under subsection (16),

(a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition;

(b) the agreement may be registered against the land to which it applies; and

(c) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

(10)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(16.2)  Subsections (16), (16.0.1) and (16.1) do not apply with respect to the City of Toronto.

(11)  Subsection 34 (17) of the Act is amended by striking out "the meeting mentioned in subsection (12)" and substituting "the public meeting mentioned in subclause (12) (a) (ii)".

(12)  Subsection 34 (19) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(19)  Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.

3. The Minister.

No appeal re second unit policies

(19.1)  Despite subsection (19), there is no appeal in respect of a by-law that is passed to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

(12.1)  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 (11) or (19) shall ensure that,

(a) a record that includes the prescribed information and material is compiled;

(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 (11.0.3) or (19), 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.

(13)  Section 34 of the Act is amended by adding the following subsections:

Restriction re adding parties

(24.1)  Despite subsection (24), in the case of an appeal under subsection (11) that relates to all or part of an application for an amendment to a by-law that is refused, or in the case of an appeal under subsection (19), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (24.2).

2. The Minister.

Same

(24.2)  The conditions mentioned in paragraph 1 of subsection (24.1) are:

1. Before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New information and material at hearing

(24.3)  This subsection applies if information and material that is presented at the hearing of an appeal described in subsection (24.1) was not provided to the municipality before the council made the decision that is the subject of the appeal.

Same

(24.4)  When subsection (24.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council's decision, and if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (24.5) has been complied with and the prescribed time period has elapsed.

Notice to council

(24.5)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(24.6)  The Municipal Board shall have regard to the council's recommendation if it is received within the time period mentioned in subsection (24.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(24.7)  Subsections (24.1) to (24.6) apply despite the Statutory Powers Procedure Act.

(13.1)  Subsection 34 (25) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(14)  Clause 34 (25) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(15)  Clause 34 (25) (a.1) of the Act is repealed.

(16)  Section 34 of the Act is amended by adding the following subsection:

Same

(25.1.1)  Despite the Statutory Powers Procedure Act and subsections (11.0.2) and (24), the Municipal Board may, on its own initiative or on the motion of the municipality or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(17)  Subsection 34 (25.2) of the Act is repealed and the following substituted:

Dismissal

(25.2)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25) or (25.1.1), as it considers appropriate.

(18)  The English version of subsection 34 (32) of the Act is amended by striking out "on its own motion" and substituting "on its own initiative".

15.  (0.1)  Section 41 of the Act is amended by adding the following subsection:

Exception

(1.1)  The definition of "development" in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.

.  (1)  Section 41 of the Act is amended by adding the following subsection:

Consultation

(3.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(1.1)  Paragraph 1 of subsection 41 (4) of the Act is amended by adding at the end "including facilities designed to have regard for accessibility for persons with disabilities".

(2)  Paragraph 2 of subsection 41 (4) of the Act is amended by striking out "and" at the end of subparagraph (b) and by adding the following subparagraphs:

(d) matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality;

(e) the sustainable design elements on any adjoining highway under a municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) are in effect in the municipality; and

(f) facilities designed to have regard for accessibility for persons with disabilities.

(3)  Subsections 41 (4.1), (4.2) and (4.3) of the Act are repealed and the following substituted:

Exclusions from site plan control

(4.1)  The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control:

1. Interior design.

2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4).

3. The manner of construction and standards for construction.

Dispute about scope of site plan control

(4.2)  The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control.

Final determination

(4.3)  The Municipal Board's determination under subsection (4.2) is not subject to appeal or review.

(3.1)  Clause 41 (7) (a) of the Act is amended by adding the following paragraph:

4.1 Facilities designed to have regard for accessibility for persons with disabilities.

(4)  Subsection 41 (7) of the Act is amended by adding the following clause:

(c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4);

(4.1)  Clause 41 (8) (a) of the Act is amended by adding the following subclause:

(v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities;

(5)  Subsection 41 (10) of the Act is amended by striking out "under clause (7) (c) or under clause (8) (b)" and substituting "under clause (7) (c) or (c.1) or under clause (8) (b)".

(6)  Subsection 41 (11) of the Act is amended by striking out "clause (7) (c)" and substituting "clause (7) (c) or (c.1)".

(7)  Section 41 of the Act is amended by adding the following subsection:

City of Toronto

(16)  This section does not apply to the City of Toronto, except for subsection (1.1), paragraph 1 of subsection (4), subparagraph 2 (f) of subsection (4) and paragraph 4.1 of clause (7) (a), which provisions apply with necessary modifications.

16.  (1)  Subsection 42 (6) of the Act is repealed and the following substituted:

Payment instead of conveyance

(6)  The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance.

No building without payment

(6.1)  If a payment is required under subsection (6), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made.

Redevelopment, reduction of payment

(6.2)  If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.2.1) are met, the council shall reduce the amount of any payment required under subsection (6) by the value of that part.

Same

(6.2.1)  The conditions mentioned in subsection (6.2) are:

1. The official plan contains policies relating to the reduction of payments required under subsection (6).

2. No land is available to be conveyed for park or other public recreational purposes under this section.

Determination of value

(6.3)  For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.

(2)  Subsection 42 (10) of the Act is amended by striking out "the value of land under subsection (6)" and substituting "the value of land determined under subsection (6.3)".

17.  (1)  Subsection 45 (1) of the Act is amended by striking out "passed under section 34" and substituting "in effect under section 34".

(1.1)  Section 45 of the Act is amended by adding the following subsection:

Restriction

(1.1)  Subsection (1) does not allow the committee to authorize a minor variance from conditions imposed under subsection 34 (16) of this Act or under subsection 113 (2) of the City of Toronto Act, 2006.

(1.2)  Section 45 of the Act is amended by adding the following subsections:

Agreement re terms and conditions

(9.1)  If the committee imposes terms and conditions under subsection (9), it may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions, and in that case the requirement shall be set out in the decision.

Registration of agreement

(9.2)  An agreement entered into under subsection (9.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.

(1.3)  Subsection 45 (17) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(2)  Clause 45 (17) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

18.  (0.1)  Subsection 47 (12.1) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

  (1)  Clause 47 (12.1) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the person or public body requesting the hearing has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(2)  Section 47 of the Act is amended by adding the following subsections:

Minister's notice re matters of provincial interest

(13.1)  If the Municipal Board has been requested to hold a hearing as provided for in subsection (10) and the Minister is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the requested amendment or revocation, the Minister may so notify the Board in writing, not later than 30 days before the day fixed by the Board for the hearing.

Same

(13.2)  The Minister's notice shall identify,

(a) the provisions of the order by whose amendment or revocation 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.

Same

(13.3)  The Minister is not required to give notice or to hold a hearing before giving notice under subsection (13.1).

Effect of notice

(13.4)  If the Municipal Board receives notice from the Minister under subsection (13.1), the decision of the Board is not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision in that respect.

Power of Lieutenant Governor in Council

(13.5)  The Lieutenant Governor in Council may confirm, vary or rescind the Municipal Board's decision with respect to the amendment or revocation of provisions identified in the notice, and may direct the Minister to amend or revoke the order, in whole or in part.

19.  Section 48 of the Act is amended by striking out "a public utilities commission or other public or Crown agency" and substituting "a utilities distributor or a public or Crown agency".

20.  (1)  Subsection 50 (3) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(2)  Subsection 50 (5) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(3)  Subsection 50 (26) of the Act is repealed and the following substituted:

Copy of by-law to be lodged with approval authority

(26)  A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority.

21.  (1)  Section 51 of the Act is amended by adding the following subsection:

Consultation

(16.1)  The approval authority,

(a) shall permit applicants to consult with it before submitting applications under subsection (16); and

(b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).

(2)  Subsections 51 (18) and (19) of the Act are repealed and the following substituted:

Other information

(18)  An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(19)  Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,

(a) the approval authority may refuse to accept or further consider the application; and

(b) the time period referred to in subsection (34) does not begin.

Response re completeness of application

(19.1)  Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be.

Motion re dispute

(19.1.1)  Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (18) is reasonable.

Same

(19.1.2)  If the approval authority does not give any notice under subsection (19.1), the applicant may make a motion under subsection (19.1.1) at any time after the 30-day period described in subsection (19.1) has elapsed.

Notice of particulars and public access

(19.1.3)  Within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Municipal Board advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.1.1), as the case may be, the council or planning board shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (17) and (18) available to the public.

Final determination

(19.2)  The Municipal Board's determination under subsection (19.1.1) is not subject to appeal or review.

(3)  Clause 51 (24) (l) of the Act is repealed and the following substituted:

(l) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy.

(3.1)  Subsection 51 (24) of the Act is amended by striking out "and" at the end of clause (k), by adding "and" at the end of clause (l) and by adding the following clause:

(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006.

(4)  Clause 51 (25) (b) of the Act is repealed and the following substituted:

(b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary;

(5)  Subsection 51 (32) of the Act is amended by striking out "the date of the order of the Municipal Board issued" and substituting "the date the Municipal Board's decision is issued".

(5.1)  Section 51 of the Act is amended by adding the following subsection:

Consolidated Hearings Act

(34.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired.

(6)  Subsection 51 (39) of the Act is repealed and the following substituted:

Appeal

(39)  Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

(6.1)  Subsection 51 (43) of the Act is repealed and the following substituted:

Appeal

(43)  At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any public body.

(7)  Subsection 51 (48) of the Act is repealed and the following substituted:

Appeal

(48)  Any of the following may appeal any of the changed conditions imposed by the approval authority to the Municipal Board by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act:

1. The applicant.

2. A person or public body who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

(8)  Section 51 of the Act is amended by adding the following subsections:

Restriction re adding parties

(52.1)  Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (52.2).

2. The Minister.

3. The appropriate approval authority.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.

Same

(52.2)  The conditions mentioned in paragraph 1 of subsection (52.1) are:

1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions.

2. The Municipal Board is of the opinion that there are reasonable grounds to add the person or public body as a party.

New evidence at hearing

(52.3)  This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal.

Same

(52.4)  When subsection (52.3) applies, the Municipal Board may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority's decision and, if the Board determined that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed.

Notice to approval authority

(52.5)  The Municipal Board shall notify the approval authority that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Approval authority's recommendation

(52.6)  The Municipal Board shall have regard to the approval authority's recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards.

Conflict with SPPA

(52.7)  Subsections (52.1) to (52.6) apply despite the Statutory Powers Procedure Act.

(8.1)  Subsection 51 (53) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(9)  Clause 51 (53) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(10)  Clause 51 (53) (b) of the Act is repealed.

(11)  Section 51 of the Act is amended by adding the following subsection:

Same

(53.1)  Despite the Statutory Powers Procedure Act and subsection (52), the Municipal Board may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Board's opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.

(12)  Subsection 51 (54.1) of the Act is repealed and the following substituted:

Dismissal

(54.1)  Despite the Statutory Powers Procedure Act, the Municipal Board may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate.

22.  (1)  Subsections 53 (3) and (4) of the Act are repealed and the following substituted:

Other information

(3)  A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(4)  Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,

(a) the council or the Minister may refuse to accept or further consider the application for a consent; and

(b) the time period referred to in subsection (14) does not begin.

Motion re dispute

(4.1)  The applicant, the council or the Minister may make a motion for directions to have the Municipal Board determine,

(a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or

(b) whether a requirement made under subsection (3) is reasonable.

Final determination

(4.2)  The Municipal Board's determination under subsection (4.1) is not subject to appeal or review.

(1.1)  Section 53 of the Act is amended by adding the following subsection:

Consolidated Hearings Act

(14.1)  Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of an application requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired.

(1.2)  Subsection 53 (31) of the Act is amended by striking out "on its own motion or on the motion of any party" in the portion before clause (a) and substituting "on its own initiative or on the motion of any party".

(2)  Clause 53 (31) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

23.  The Act is amended by adding the following section:

Exempt undertakings

62.0.1  (1)  An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

(a) it has been approved under Part II or Part II.1 of the Environmental Assessment Act or is the subject of,

(i) an order under section 3.1 or a declaration under section 3.2 of that Act, or

(ii) an exempting regulation made under that Act; and

(b) a regulation under clause 70 (h) prescribing the undertaking or class of undertakings is in effect.

Same

(2)  An undertaking referred to in subsection 62 (1) that has been approved under the Environmental Assessment Act is not subject to section 113 or 114 of the City of Toronto Act, 2006.

24.  Section 70 of the Act is amended by adding the following clause:

(h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy.

25.  Subsection 70.1 (1) of the Act is repealed and the following substituted:

Regulations

(1)  The Minister may make regulations,

1. prescribing forms for the purposes of this Act and providing for their use;

2. prescribing information and material that are to be provided under this Act and the manner in which they are to be provided;

3. prescribing the manner in which any notice is to be given under this Act, including the persons or public bodies to whom it shall be given, the person or public bodies who shall give the notice and the contents of the notice;

4. prescribing the timing requirements for any notice given under any provision of this Act;

5. prescribing information and material that must be included in any record;

6. prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of "provincial plan" in subsection 1 (1);

7. prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3);

8. excluding any board, commission, agency or official from the definition of "public body" under subsection 1 (4);

9. prescribing conditions for the purpose of subsection 8.1 (1);

10. prescribing a term for the purpose of clause 8.1 (2) (a) and qualifications for the purpose of clause 8.1 (2) (b);

11. prescribing eligibility criteria for the purpose of subsection 8.1 (3);

12. prescribing classes for the purpose of clause 8.1 (4) (c);

13. prescribing requirements for the purpose of subsection 8.1 (7);

14. 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);

15. prescribing matters for the purpose of clause 16 (1) (b) and for the purpose of clause 16 (2) (c);

16. prescribing the processes to be followed and the materials to be developed under section 16.1;

17. prescribing municipalities for the purposes of subsection 17 (13) and section 69.2;

18. prescribing information and material for the purposes of clauses 17 (15) (a) and (b), public bodies for the purposes of clause 17 (15) (b) and the manner of making information and material available for the purposes of clause 17 (15) (c);

19. prescribing, for the purposes of clauses 17 (17) (a) and (b), clause 22 (6.1.3) (a), clause 34 (10.4.3) (a), clauses 34 (13) (a) and (b) and clause 51 (19.1.3) (a),

i. persons and public bodies,

ii. the manner of giving notice, and

iii. information;

20. prescribing time periods for the purpose of subsections 17 (44.4), 34 (24.4) and 51 (52.4);

21. prescribing public bodies for the purpose of clause 26 (3) (a);

22. prescribing upper-tier municipalities for the purpose of subsection 28 (2);

23. prescribing matters for the purpose of subsection 28 (4.0.1);

24. prescribing conditions for the purpose of subsection 34 (16) and limitations for the purpose of subsection 34 (16.0.1);

25. prescribing rules of procedure for committees of adjustment;

26. prescribing criteria for the purposes of subsection 50 (18.1) and subsection 57 (6);

27. requiring that notice be given under subsections 51 (20) and 53 (5);

28. prescribing rules of procedure under subsection 53 (9) for councils and their delegates;

29. prescribing persons or public bodies for the purposes of subsection 53 (10);

30. prescribing rules of procedure for district land division committees constituted under section 55;

31. 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.

26.  Subsection 70.2 (5) of the Act is amended by striking out "against any and all subsequent owners of the land" and substituting "against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land".

27.  The Act is amended by adding the following section:

Regulations

70.5  (1)  The Minister may make regulations,

(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date;

(b) modifying or replacing all or any part of the definition of "area of employment" in subsection 1 (1).

Same

(2)  A regulation under clause (1) (a) may, without limitation,

(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date;

(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 clause (1) (a) may be retroactive to December 12, 2005.

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.

Definition

(6)  In this section,

"effective date" means the date on which section 27 of the Planning and Conservation Land Statute Law Amendment Act, 2006 comes into force.

28.  (1)  Subsection 77 (3) of the Act is amended by striking out "42, 46" and substituting "42, 44, 45, 46".

(2)  Section 77 of the Act is amended by adding the following subsection:

Non-application of subs. (2)

(3.1)  If a lower-tier municipality passes a by-law constituting and appointing a committee of adjustment under subsection 44 (1), subsection (2) of this section ceases to apply to the council of the lower-tier municipality on the day the by-law comes into force, except with respect to matters that, on that day, are before the council and have not been finally disposed of.

PART II
AMENDMENTS TO OTHER ACTS

Conservation Land Act

29.  (1)  Subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the purposes prescribed by the regulations made under this Act; or

(e) for access to the land for the purposes referred to in clause (a), (b), (c) or (d).

Easement reserved by conservation body

(2.1)  When a conservation body conveys land, it may reserve an easement for a purpose referred to in subsection (2).

Same

(2.2)  A reference in any Act or regulation to easements granted under this Act also applies to easements reserved in accordance with subsection (2.1).

(2)  Section 3 of the Act is amended by adding the following subsection:

No merger of registered easement

(6.1)  If a conservation body that is a party to an easement that is registered as described in subsection (5) becomes the owner of the affected land,

(a) the easement is suspended but does not merge; and

(b) if the conservation body afterwards conveys the land, the easement becomes effective again.

(3)  Subsection 3 (11) of the Act is amended by adding the following clauses:

(c) prescribing purposes for the purpose of clause (2) (d);

(d) providing for and respecting one or more registries of easements and covenants under this Act.

Conveyancing and Law of Property Act

30.  Subsection 61 (4) of the Conveyancing and Law of Property Act is repealed and the following substituted:

Same

(4)  Nothing in this section applies to covenants and easements,

(a) established under the Agricultural Research Institute of Ontario Act; or

(b) entered into or granted under the Conservation Land Act.

Greenbelt Act, 2005

31.  Clause 9 (1) (a) of the Greenbelt Act, 2005 is amended by striking out "make a determination under subsection 26 (1) of the Planning Act" and substituting "revise an official plan in accordance with subsection 26 (1) of the Planning Act".

Land Titles Act

32.  Section 119 of the Land Titles Act is amended by adding the following subsection:

Same

(12)  The following provisions do not apply to a covenant or easement entered into or granted under the Conservation Land Act:

1. Clause (4) (c).

2. The rule with respect to modification and discharge of covenants in subsection (5).

3. Subsection (9).

Municipal Act, 2001

33.   Subsection 106 (3) of the Municipal Act, 2001 is amended by striking out "subsection 28 (6) or (7) of the Planning Act" and substituting "subsection 28 (6), (7) or (7.2) of the Planning Act".

PART III
MISCELLANEOUS, COMMENCEMENT
AND SHORT TITLE

Duffins Rouge Agricultural Preserve Act, 2005 (Bill 16)

34.  (1)  This section applies only if Bill 16 (An Act respecting the Duffins Rouge Agricultural Preserve, introduced on October 31, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 16 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 16 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 16.

(3)  On the later of the day subsection 29 (1) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the conservation, preservation or protection of the land for agricultural purposes;

(e) for the purposes prescribed by the regulations made under this Act; or

(f) for access to the land for the purposes referred to in clause (a), (b), (c), (d) or (e).

(4)  On the later of the day subsection 29 (3) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, clause 3 (11) (c) of the Conservation Land Act, as amended by subsection 29 (3) of this Act, is amended by striking out "clause (2) (d)" and substituting "clause (2) (e)".

Budget Measures Act (No. 2), 2005 (Bill 18)

35.  (1)  This section applies only if Bill 18 (An Act to implement 2005 Budget measures and amend various Acts, introduced on November 2, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 18 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 18 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 18.

(3)  On the later of the day section 13 of this Act comes into force and the day subsection 1 (6) of Schedule 17 to Bill 18 comes into force, section 365.1 of the Municipal Act, 2001 is amended by adding the following subsection:

Same

(4.2)  An upper-tier municipality may pass a resolution under subsection (4.1) even if it has no upper-tier community improvement plan that is in effect, and the by-law so agreed to is binding on the upper-tier municipality despite section 106.

Commencement

36.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)  Sections 1 to 19, subsection 20 (3), sections 21 to 28, section 31 and subsection 33 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

37.  The short title of this Act is the Planning and Conservation Land Statute Law Amendment Act, 2006.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

Amendments to Planning Act and consequential amendments to other Acts

The Bill makes numerous amendments to the Planning Act. Most of these would modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and brownfield redevelopment. Some technical and housekeeping amendments are also included, as well as consequential amendments to the Greenbelt Act, 2005 and the Municipal Act, 2001.

Among the amendments the Bill makes to the Planning Act are the following:

The list of matters of provincial interest in section 2 of the Act is expanded to include the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. (Section 2 of Bill)

When approval authorities or the Ontario Municipal Board make decisions relating to planning matters, they are required to have regard to decisions made by municipal councils and approval authorities relating to the same planning matters. (Section 2.1 of Act, section 3 of Bill)

Subsections 3 (5) and (6) of the Act are rewritten to require that municipal and provincial planning decisions and documents be consistent with and conform with the provincial policy statements and provincial plans that are in existence when the decisions are made or the documents are issued. (Section 4 of Bill)

Municipalities that meet the minimum requirements will have power to establish optional local appeal bodies that would deal with certain planning matters instead of the Ontario Municipal Board. (Section 8.1 of Act, section 6 of Bill)

Regulations may be made to specify additional matters to be included in official plans. (Subsections 16 (1) and (2) of Act, section 7 of Bill)

Appeals to the Ontario Municipal Board in respect of amendments to official plans and zoning by-laws involving the reduction of designated areas of employment are restricted. (Subsections 22 (7.1) to (7.3) of Act, subsection 10 (6) of Bill; subsection 34 (11.0.3) of Act, subsection 14 (5) of Bill)

Ontario Municipal Board hearings with respect to certain planning matters are limited to certain parties. (Subsections 17 (24), (36) and (44.1) of Act, subsections 8 (6), (8) and (9) of Bill; subsections 36 (11), (19) and (24.1) of Act, subsections 14 (5), (12) and (13) of Bill; subsections 51 (39), (43), (48) and (52.1) of Act, subsections 21 (6), (6.1), (7) and (8) of Bill)

Requirements for public notice, information and consultation are enhanced. (Subsections 17 (15) to (19.6) of Act, subsection 8 (2) of Bill; subsections 22 (3.1) and (5) to (6.3) of Act, subsections 10 (3) and (4) of Bill; subsections 34 (10.0.1), (10.2) to (10.6), (12) to (14.6) of Act, subsections 14 (3), (4) and (6) of Bill)

Section 26 of the Act currently requires municipalities with official plans to hold special meetings that are open to the public, at least every five years, to determine whether official plan revisions are needed. The section is rewritten to strengthen and clarify the requirement to update official plans with respect to provincial plans, matters of provincial interest, provincial policy statements and designated areas of employment. (Section 26 of Act, section 12 of Bill)

The scope of community improvement plans is expanded. Upper-tier municipalities are permitted to establish community improvement plans for limited purposes, and municipalities at each level may participate financially in the other level's community improvement plan. (Section 28 of Act, section 13 of Bill)

The Bill clarifies that municipalities' power to regulate the density of development includes power to regulate minimum and maximum height, and minimum as well as maximum density. Municipalities are authorized to impose conditions on zoning. (Subsections 34 (3), (16) and (16.1) of Act, subsections 14 (1) and (9) of Bill)

Municipalities may establish second unit policies as of right, without appeal to the Ontario Municipal Board. (Subsections 17 ( 24.1) and ( 36.1) and 34 ( 19.1) of Act, subsections 8 (6) and (8) and 14 (12) of Bill)

The Ontario Municipal Board's power to determine appeals of ministerial zoning orders under section 47 is restricted if the Minister is of the opinion that all or any part of the requested changes adversely affect matters of provincial interest. In that case, the determination is made by the Lieutenant Governor in Council. (Subsections 47 (13.1) to (13.5) of Act, subsection 18 (2) of Bill)

The Lieutenant Governor in Council may, by regulation, exempt from the Planning Act approval process or from sections 113 or 114 of the City of Toronto Act, 2006 undertakings that relate to energy and have been approved or exempted under the Environmental Assessment Act. (Section 62.0.1 of Act, section 23 of Bill)

Amendments to Conservation Land Act and consequential amendments to other Acts

The Bill also amends the Conservation Land Act with respect to conservation easements and covenants, and makes related amendments to the Conveyancing and Law of Property Act, the Land Titles Act, the Municipal Act, 2001 and the Planning Act.

The purposes for which conservation easements and covenants may be established under the Conservation Land Act are expanded to include protection of water quality and quantity, watershed protection and management, and further purposes that may be added by regulation. Technical amendments are made to facilitate the creation and preservation of conservation easements and covenants. Provision is also made for registries of conservation easements and covenants, to be established by regulation. (Subsections 3 (2), (2.1), (2.2), (6.1) and (11) of Act, section 29 of Bill)

The Planning Act is amended to ensure that the subdivision control and part-lot control provisions of section 50 do not interfere with the creation of conservation easements and covenants. (Subsections 20 (1) and (2) of Bill)

The Conveyancing and Law of Property Act is amended to provide that conservation easements and covenants, unlike easements and covenants in general, are not subject to being modified or discharged by a court. (Section 30 of Bill)

The Land Titles Act is amended to exempt conservation easements and covenants from various technical restrictions that apply to easements and covenants in general. (Section 32 of Bill)

The Municipal Act, 2001 is amended to update cross-references to the Planning Act.

[38] Bill 51 Original (PDF)

Bill 51 2005

An Act to amend the
Planning Act and the
Conservation Land Act
and to make related amendments
to other Acts

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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 AMENDMENTS

1.  (1)  Subsection 1 (1) of the Planning Act is amended by adding the following definition:

"area of employment" means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; ("zone d'emploi")

(2)  Subsection 1 (1) of the Act is amended by adding the following definition:

"local appeal body" means an appeal body for certain local land use planning matters, constituted under section 8.1; ("organisme d'appel local")

(3)  Subsection 1 (1) of the Act is amended by adding the following definition:

"provincial plan" means,

(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,

(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

(d) a development plan approved under the Ontario Planning and Development Act, 1994,

(e) a growth plan approved under the Places to Grow Act, 2005, or

(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; ("plan provincial")

(4)  Subsection 1 (1) of the Act is amended by adding the following definition:

"residential unit" means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used or intended for use as residential premises, and

(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. ("unité d'habitation")

(5)  Subsection 1 (2) of the Act is amended by striking out "17 (24) and (36), 34 (19)" and substituting "17 (24) and (36), 22 (7.3), 34 (19)".

(6)  Section 1 of the Act is amended by adding the following subsection:

Uses re "area of employment"

(5)  The uses referred to in the definition of "area of employment" in subsection (1) are,

(a) manufacturing uses;

(b) warehousing uses;

(c) office uses;

(d) retail uses that are associated with uses mentioned in clauses (a) to (c); and

(e) facilities that are ancillary to uses mentioned in clauses (a) to (d).

2.  Section 2 of the Act is amended by adding the following clause:

(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

3.  The Act is amended by adding the following section:

Decisions of councils and approval authorities

2.1  When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to,

(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

(b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a).

4.  Subsections 3 (5) and (6) of the Act are repealed and the following substituted:

Policy statements and provincial plans

(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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

Same

(6)  Comments, submissions or advice affecting 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,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

5.  Subsection 4 (1) of the Act is amended by striking out "and section 50 of the Condominium Act".

6.  (1)  The Act is amended by adding the following section:

Local appeal body

8.1  (1)  If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (2), (3) and (4).

Term and qualifications

(2)  A person who is appointed to the local appeal body,

(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

(b) shall have the prescribed qualifications, if any.

Eligibility criteria

(3)  In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria.

Restriction

(4)  The council shall not appoint to the local appeal body a person who is,

(a) an employee of the municipality;

(b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or

(c) a member of a prescribed class.

Power to hear appeals

(5)  The council may by by-law empower the local appeal body to hear appeals under,

(a) subsection 45 (12);

(b) subsections 53 (14), (19) and (27); or

(c) the provisions listed in both clauses (a) and (b).

Effect of by-law under subs. (5)

(6)  If a by-law has been passed under subsection (5),

(a) the local appeal body has all the powers and duties of the Municipal Board under the relevant provisions of this Act;

(b) all references in this Act to the Municipal Board in connection with appeals shall be read as references to the local appeal body; and

(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Municipal Board.

Prescribed requirements

(7)  The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body.

Fee

(8)  An appellant shall pay to the local appeal body any fee that the council establishes by by-law.

Appeal

(9)  An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law.

Saving

(10)  For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1).

Exception, related appeals

(11)  Despite subsection (6), an appeal under a provision listed in subsection (5) shall be made to the Municipal Board, not to the local appeal body, if a related appeal,

(a) has previously been made to the Board and has not yet been finally disposed of; or

(b) is made to the Board together with the appeal under a provision listed in subsection (5).

Same

(12)  For the purpose of subsection (11), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (5) if it is made,

(a) under section 17, 22, 34, 36, 38, 41 or 51 or a regulation made under section 70.2; and

(b) in respect of the same matter as the appeal under a provision listed in subsection (5).

Dispute about application of subs. (11)

(13)  A person may make a motion for directions to have the Municipal Board determine a dispute about whether subsection (11) applies to an appeal.

Final determination

(14)  The Municipal Board's determination under subsection (13) is not subject to appeal or review.

O.M.B. may assume jurisdiction

(15)  If an appeal has been made to a local appeal body under a provision listed in subsection (5) but no hearing has begun, and a notice of appeal in respect of the same matter is filed under section 17, 22, 34, 36, 38, 41 or 51 or a regulation made under section 70.2, the Municipal Board may assume jurisdiction to hear the first-mentioned appeal.

Same

(16)  When the Municipal Board assumes jurisdiction as described in subsection (15), the local appeal body,

(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and

(b) shall not take any further action with respect to the appeal.

Withdrawal of power

(17)  The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (5) and (6), and the order may be in respect of the appeals specified in the order, subject to subsection (18), or in respect of any or all appeals made after the order is made.

Exception

(18)  An order made under subsection (17) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order.

Effect of withdrawal

(19)  If an order is made under subsection (17),

(a) the Municipal Board shall hear all appeals to which the order applies; and

(b) the local appeal body to which the order relates shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies.

Revocation of withdrawal

(20)  The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (17).

Exception

(21)  An order made under subsection (20) does not apply to an appeal if the hearing before the Municipal Board has begun on or before the date of the order.

Effect of revocation

(22)  If an order is made under subsection (20),

(a) the local appeal body shall hear all appeals to which the order applies; and

(b) the Municipal Board shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies.

Transition

(23)  This section does not apply with respect to an appeal that is made before the day subsection 6 (1) of the Planning and Conservation Land Statute Law Amendment Act, 2005 comes into force.

(2)  Section 8.1 of the Act, as enacted by subsection (1), is amended by adding the following subsection:

City of Toronto

(22.1)  This section does not apply with respect to the City of Toronto.

7.  Subsection 16 (1) of the Act is repealed and the following substituted:

Contents of official plan

(1)  An official plan shall contain,

(a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and

(b) such other matters as may be prescribed.

Same

(2)  An official plan may contain,

(a) a description of the measures and procedures proposed to attain the objectives of the plan;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and

(c) such other matters as may be prescribed.

8.  (1)  Subsection 17 (9) of the Act is amended by adding at the beginning "Subject to subsection 26 (5)".

(2)  Subsections 17 (15), (16) and (17) of the Act are repealed and the following substituted:

Consultation, open house and public meeting

(15)  In the course of the preparation of a plan, the council shall ensure that,

(a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;

(b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;

(c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any;

(d) at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (c); and

(e) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan.

Notice

(16)  Notice of the open house and public meeting required under clauses (15) (d) and (e) shall,

(a) be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) be accompanied by the prescribed information.

Timing of open house

(17)  The open house required under clause (15) (d) shall be held no later than seven days before the public meeting required under clause (15) (e) is held.

Timing of public meeting

(17.1)  The public meeting required under clause (15) (e) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Copy of plan

(17.2)  A copy of the current proposed plan referred to in clause (15) (c) shall be made available to the public at least 20 days before the public meeting required under clause (15) (e) is held.

Participation in public meeting

(17.3)  Every person who attends a public meeting required under clause (15) (e) shall be given an opportunity to make representations in respect of the current proposed plan.

(3)  Subsection 17 (18) of the Act is amended by striking out "(16) and (17)" and substituting "(16), (17), (17.1), (17.2) and (17.3)".

(4)  Subsection 17 (19) of the Act is repealed and the following substituted:

Information

(19)  At a public meeting under clause (15) (e), the council shall ensure that information is made available to the public regarding the restrictions on appeals under subsections (24.1) and (36.1).

(5)  Subsection 17 (21) of the Act is amended by adding "and material" after "information".

(6)  Section 17 of the Act is amended by adding the following subsections:

Restriction, who may appeal

(24.1)  Despite subsection (24), a person who is not a public body and did not, before the plan was adopted, make oral submissions at a public meeting or written submissions to the council is not entitled to appeal.

No appeal re second unit policies

(24.2)  Despite subsection (24), there is no appeal in respect of official plan policies that are adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(24.3)  Subsection (24.2) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(7)  Section 17 of the Act is amended by adding the following subsection:

Same

(30.1)  Subsection (30) also applies, with necessary modifications, when there is no longer any appeal with respect to a particular part of the decision of council as the result of a partial withdrawal of one or more appeals.

(8)  Section 17 of the Act is amended by adding the following subsections:

Restriction, who may appeal

(36.1)  Despite subsection (36), a person who is not a public body and did not, before the plan was adopted, make oral submissions at a public meeting or written submissions to the council is not entitled to appeal.

No appeal re second unit policies

(36.2)  Despite subsection (36), there is no appeal in respect of official plan policies that are adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(36.3)  Subsection (36.2) does not apply to an official plan or official plan amendment adopted in accordance with subsection 26 (1).

(9)  Section 17 of the Act is amended by adding the following subsections:

Restriction re adding parties

(44.1)  No person, other than a public body, shall be added as a party to the hearing of an appeal under subsection (24) or (36), unless,

(a) the person, before the plan was adopted, made oral submissions at a public meeting or written submissions to the council; or

(b) in the Municipal Board's opinion, there are reasonable grounds to add the person as a party.

Restriction re evidence at hearing

(44.2)  Information and material that was not provided to the municipality before the council made a decision under this section shall not be admitted into evidence at the hearing of an appeal under subsection (24) or (36), unless,

(a) the Municipal Board is of the opinion that it was not reasonably possible to provide the information and material to the municipality before the council made its decision; or

(b) the information and material is introduced into evidence by a public body.

Same

(44.3)  If clause (44.2) (a) applies and the Municipal Board determines that the information and material could have materially affected the council's decision, it shall not be admitted into evidence until subsection (44.4) has been complied with and the prescribed time period has elapsed.

Notice to council

(44.4)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(44.5)  The Municipal Board shall consider the council's recommendation if it is received within the prescribed time period, and may but is not required to do so if it is received afterwards.

Conflict with Statutory Powers Procedure Act

(44.6)  Subsections (44.1) to (44.5) apply despite the Statutory Powers Procedure Act.

(10)  Clause 17 (45) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(11)  Clause 17 (45) (b) of the Act is repealed.

(12)  Section 17 of the Act is amended by adding the following subsection:

Same

(50.1)  For greater certainty, subsection (50) does not give the Municipal Board power to approve or modify any part of the plan that,

(a) is in effect; and

(b) was not dealt with in the decision of council to which the notice of appeal relates.

9.  (1)  Subsection 18 (4) of the Act is amended by striking out "(50)" and substituting "(50.1)".

(2)  Subsection 18 (5) of the Act is amended by striking out "(50)" and substituting "(50.1)".

10.  (1)  Clause 22 (1) (b) of the Act is amended by striking out "hold a public meeting" and substituting "hold an open house and public meeting".

(2)  Clause 22 (2) (b) of the Act is amended by striking out "hold a public meeting" and substituting "hold an open house and public meeting".

(3)  Subsection 22 (3) of the Act is repealed and the following substituted:

No open house or public meeting

(3)  Despite subsections (1) and (2), the requirement to hold an open house and public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.

Consultation

(3.1)  The council or planning board,

(a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and

(b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a).

(4)  Subsections 22 (5) and (6) of the Act are repealed and the following substituted:

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 any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(6)  Until the council or planning board has received the information and material required under subsections (4) and (5), if any, 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) (c) and (d) do not begin.

Dispute

(6.1)  The person or public body or the council or planning board may make a motion for directions to have the Municipal Board determine whether the information and material required under subsections (4) and (5), if any, have been provided.

Final determination

(6.2)  The Municipal Board's determination under subsection (6.1) is not subject to appeal or review.

Notice of refusal

(6.3)  A council or planning board that refuses a request to amend its official plan shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the request;

(b) each person or public body that filed a written request to be notified of a refusal;

(c) the appropriate approval authority; and

(d) any prescribed person or public body.

(5)  Section 22 of the Act is amended by adding the following section:

Time for appeal

(7.0.1)  A notice of appeal under clause (7) (e) or (f) shall be filed no later than 20 days after the giving of notice under subsection (6.3) is completed.

(6)  Subsections 22 (7.1), (7.2), (7.3) and (7.4) of the Act are repealed and the following substituted:

Appeals restricted re certain amendments

(7.1)  Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of a refusal or failure to adopt or approve an amendment described in subsection (7.2).

Application of subs. (7.1)

(7.2)  Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to,

(a) alter all or any part of the boundary of an area of settlement in a municipality;

(b) establish a new area of settlement in a municipality;

(c) remove any land from an area of employment, even if other land is proposed to be added; or

(d) amend or revoke official plan policies that are adopted to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

Exception

(7.3)  Despite subsection (7.1), a person or public body may appeal to the Municipal Board in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment,

(a) is in respect of the official plan of a lower-tier municipality; and

(b) conforms with the official plan of the upper-tier municipality.

(7)  Subsection 22 (9.2) of the Act is repealed and the following substituted:

Appeals withdrawn, amendment

(9.2)  If all appeals under clause (7) (c) or (d) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the open house and public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be.

(8)  Subsection 22 (11) of the Act is amended by striking out "17 (44), (45), (46), (49) and (50)" and substituting "17 (44) to (46), (49), (50) and (50.1)".

11.  Subsection 24 (2) of the Act 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.

Same

(2.1)  A by-law referred to in subsection (2),

(a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and

(b) is of no force and effect, if the amendment to the official plan does not come into effect.

12.  Section 26 of the Act is repealed and the following substituted:

Updating official plan

26.  (1)  If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, not less frequently than every five years,

(a) revise the official plan as required to ensure that it,

(i) conforms with provincial plans or does not conflict with them, as the case may be,

(ii) has regard to the matters of provincial interest listed in section 2, and

(iii) is consistent with policy statements issued under subsection 3 (1); and

(b) revise the official plan, if it contains policies dealing with areas of employment, to ensure that those policies are confirmed or amended.

Consultation and special meeting

(2)  Before revising the official plan as subsection (1) requires, the council shall,

(a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required; and

(b) hold a special meeting of council, open to the public, to discuss the revisions that may be required.

Notice

(3)  Notice of every special meeting to be held under clause (2) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting.

Public participation

(4)  The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject.

No exemption from approval

(5)  An order under subsection 17 (9) does not apply to an amendment made in accordance with subsection (1).

Declaration

(6)  Each time it revises the official plan as subsection (1) requires, the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of that subsection.

Direction by approval authority

(7)  Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay.

Updating zoning by-laws

(8)  No later than three years after a revision under subsection (1) or (7) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan.

13.  (1)  The definition of "community improvement" in subsection 28 (1) of the Act is repealed and the following substituted:

"community improvement" means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; ("améliorations communautaires")

(2)  Subsection 28 (2) of the Act is amended by striking out "in a local municipality" and substituting "in a local municipality or in a prescribed upper-tier municipality".

(3)  Section 28 of the Act is amended by adding the following subsection:

Restriction re upper-tier municipality

(4.0.1)  The community improvement plan of an upper-tier municipality may deal only with prescribed matters.

(4)  Subsection 28 (4.1) of the Act is amended by striking out "(15) to (22)" and substituting "(15) to (23)".

(5)  Subsection 28 (4.4) of the Act is amended by striking out "17 (15), (16) and (17)" and substituting "17 (15) to (17.3)".

(6)  Subsections 28 (7) and (7.1) of the Act are repealed and the following substituted:

Grants or loans re eligible costs

(7)  For the purpose of carrying out a municipality's community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan.

Eligible costs

(7.1)  For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities.

Grants or loans between upper and lower-tier municipalities

(7.2)  The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate, but only if the official plan of the municipality making the grant or loan contains provisions relating to the making of such grants or loans.

Maximum amount

(7.3)  The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings.

(7)  Subsection 28 (11) of the Act is amended by striking out "An agreement entered into under subsection (10)" and substituting "An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10)".

14.  (1)  Subsection 34 (3) of the Act is repealed and the following substituted:

Area, density and height

(3)  The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law.

(2)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(3.1)  Subsection (3) does not apply with respect to the City of Toronto.

(3)  Section 34 of the Act is amended by adding the following subsection:

Consultation

(10.0.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section; and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(4)  Subsections 34 (10.2) and (10.3) of the Act are repealed and the following substituted:

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 any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(10.3)  Until the council has received the information and material required under subsections (10.1) and (10.2), if any, 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.

Dispute

(10.4)  The person or public body or the council may make a motion for directions to have the Municipal Board determine whether the information and material required under subsections (10.1) and (10.2), if any, have been provided.

Final determination

(10.5)  The Municipal Board's determination under subsection (10.4) is not subject to appeal or review.

Notice of refusal

(10.6)  When a council refuses an application to amend its by-law, it shall, not later than 15 days after the day of the refusal, ensure that written notice of the refusal, containing the prescribed information, is given to,

(a) the person or public body that made the application;

(b) each person and public body that filed a written request to be notified of a refusal; and

(c) any prescribed person or public body.

(5)  Subsection 34 (11.0.1) of the Act is repealed and the following substituted:

Time for filing certain appeals

(11.0.1)  A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the giving of notice under subsection (10.6) is completed.

Restriction, who may appeal

(11.0.2)  Despite subsection (11), a person who is not a public body and did not, before the application was refused, make oral submissions at a public hearing or written submissions to the council is not entitled to appeal.

Appeals restricted re certain amendments

(11.0.3)  Despite subsection (11), there is no appeal 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,

(a) an alteration to all or any part of the boundary of an area of settlement;

(b) a new area of settlement; or

(c) the removal of any land from an area of employment, even if other land is proposed to be added.

(6)  Subsections 34 (12) and (13) of the Act are repealed and the following substituted:

Information, open house and public meeting

(12)  Before passing a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11) or (26), the council shall ensure that,

(a) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council;

(b) at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (a); and

(c) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law.

Notice

(13)  Notice of the open house and public meeting required under clauses (12) (b) and (c) shall,

(a) be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) be accompanied by the prescribed information.

Timing of open house

(13.1)  The open house required under clause (12) (b) shall be held no later than seven days before the public meeting required under clause (12) (c) is held.

Timing of public meeting

(13.2)  The public meeting required under clause (12) (c) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.

Participation in public meeting

(13.3)  Every person who attends a public meeting required under clause (12) (c) shall be given an opportunity to make representations in respect of the proposed by-law.

(7)  Subsection 34 (14) of the Act is amended by striking out "subsections (12) and (13)" and substituting "subsections (12) to (13.3)".

(8)  Subsection 34 (14.1) of the Act is repealed and the following substituted:

Information

(14.1)  At a public meeting under clause (12) (c), the council shall ensure that information is made available to the public regarding the restrictions on appeals under subsections (11.0.2) and (19.1).

(9)  Section 34 of the Act is amended by adding the following subsections:

Conditions

(16)  If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location.

Same

(16.1)  When a prescribed condition is imposed under subsection (16),

(a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition;

(b) the agreement may be registered against the land to which it applies; and

(c) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

(10)  Section 34 of the Act is amended by adding the following subsection:

City of Toronto

(16.2)  Subsections (16) and (16.1) do not apply with respect to the City of Toronto.

(11)  Subsection 34 (17) of the Act is amended by striking out "the meeting mentioned in subsection (12)" and substituting "the public meeting mentioned in clause (12) (c)".

(12)  Section 34 of the Act is amended by adding the following subsections:

Restriction, who may appeal

(19.1)  Despite subsection (19), a person who is not a public body and did not, before the by-law was passed, make oral submissions at a public hearing or written submissions to the council is not entitled to appeal.

No appeal re second unit policies

(19.2)  Despite subsection (19), there is no appeal in respect of a by-law that is passed to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.

(13)  Section 34 of the Act is amended by adding the following subsections:

Restriction re adding parties

(24.1)  No person, other than a public body, shall be added as a party to the hearing of an appeal under subsection (19), unless,

(a) the person, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council; or

(b) in the Municipal Board's opinion, there are reasonable grounds to add the person as a party.

Restriction re evidence at hearing

(24.2)  Information and material that was not provided to the municipality before the council made a decision under this section shall not be admitted into evidence at the hearing of an appeal under subsection (11) or (19), unless,

(a) the Municipal Board is of the opinion that it was not reasonably possible to provide the information and material to the municipality before the council made its decision; or

(b) the information and material is introduced into evidence by a public body.

Same

(24.3)  If clause (24.2) (a) applies and the Municipal Board determines that the information and material could have materially affected the council's decision, it shall not be admitted into evidence until subsection (24.4) has been complied with and the prescribed time period has elapsed.

Notice to council

(24.4)  The Municipal Board shall notify the council that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Council's recommendation

(24.5)  The Municipal Board shall consider the council's recommendation if it is received within the prescribed time period, and may but is not required to do so if it is received afterwards.

Conflict with Statutory Powers Procedure Act

(24.6)  Subsections (24.1) to (24.5) apply despite the Statutory Powers Procedure Act.

(14)  Clause 34 (25) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(15)  Clause 34 (25) (a.1) of the Act is repealed.

15.  (1)  Section 41 of the Act is amended by adding the following subsection:

Consultation

(3.1)  The council,

(a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and

(b) may, by by-law, require applicants to consult with the municipality as described in clause (a).

(2)  Paragraph 2 of subsection 41 (4) of the Act is amended by striking out "and" at the end of subparagraph (b), by adding "and" at the end of subparagraph (c) and by adding the following subparagraph:

(d) matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality.

(3)  Subsections 41 (4.1), (4.2) and (4.3) of the Act are repealed and the following substituted:

Exclusions from site plan control

(4.1)  The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control:

1. Interior design.

2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4).

3. The manner of construction and standards for construction.

Dispute about scope of site plan control

(4.2)  The owner of land or the municipality may make a motion for directions to have the Municipal Board determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control.

Final determination

(4.3)  The Municipal Board's determination under subsection (4.2) is not subject to appeal or review.

(4)  Subsection 41 (7) of the Act is amended by adding the following clause:

(c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4);

(5)  Subsection 41 (10) of the Act is amended by striking out "under clause (7) (c) or under clause (8) (b)" and substituting "under clause (7) (c) or (c.1) or under clause (8) (b)".

(6)  Subsection 41 (11) of the Act is amended by striking out "clause (7) (c)" and substituting "clause (7) (c) or (c.1)".

(7)  Section 41 of the Act is amended by adding the following subsection:

City of Toronto

(16)  This section does not apply with respect to the City of Toronto.

16.  (1)  Subsection 42 (6) of the Act is repealed and the following substituted:

Payment instead of conveyance

(6)  The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance.

No building without payment

(6.1)  If a payment is required under subsection (6), no person shall construct a building on the land unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made.

Redevelopment, reduction of payment

(6.2)  If land is proposed for redevelopment, the council of a local municipality may reduce the amount of any payment required under subsection (6) by the value of a part of the land if,

(a) the official plan contains policies relating to the reduction of payments required under subsection (6);

(b) the council is satisfied that no land is available to be conveyed for park or other public recreational purposes under this section; and

(c) the part by whose value the payment is reduced meets sustainability criteria set out in the official plan.

Determination of value

(6.3)  For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.

(2)  Subsection 42 (10) of the Act is amended by striking out "the value of land under subsection (6)" and substituting "the value of land determined under subsection (6.3)".

17.  (1)  Subsection 45 (1) of the Act is amended by striking out "passed under section 34" and substituting "in effect under section 34".

(2)  Clause 45 (17) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

18.  (1)  Clause 47 (12.1) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the person or public body requesting the hearing has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(2)  Section 47 of the Act is amended by adding the following subsections:

Minister's notice re matters of provincial interest

(13.1)  If the Municipal Board has been requested to hold a hearing as provided for in subsection (10) and the Minister is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the requested amendment or revocation, the Minister may so notify the Board in writing, not later than 30 days before the day fixed by the Board for the hearing.

Same

(13.2)  The Minister's notice shall identify,

(a) the provisions of the order by whose amendment or revocation 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.

Same

(13.3)  The Minister is not required to give notice or to hold a hearing before giving notice under subsection (13.1).

Effect of notice

(13.4)  If the Municipal Board receives notice from the Minister under subsection (13.1), the decision of the Board is not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision in that respect.

Power of Lieutenant Governor in Council

(13.5)  The Lieutenant Governor in Council may confirm, vary or rescind the Municipal Board's decision with respect to the amendment or revocation of provisions identified in the notice, and may direct the Minister to amend or revoke the order, in whole or in part.

19.  Section 48 of the Act is amended by striking out "a public utilities commission or other public or Crown agency" and substituting "a utilities distributor or a public or Crown agency".

20.  (1)  Subsection 50 (3) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(2)  Subsection 50 (5) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.

(3)  Subsection 50 (26) of the Act is repealed and the following substituted:

Copy of by-law to be lodged with approval authority

(26)  A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority.

21.  (1)  Section 51 of the Act is amended by adding the following subsection:

Consultation

(16.1)  The approval authority,

(a) shall permit applicants to consult with it before submitting applications under subsection (16); and

(b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).

(2)  Subsections 51 (18) and (19) of the Act are repealed and the following substituted:

Other information

(18)  An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(19)  Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,

(a) the approval authority may refuse to accept or further consider the application; and

(b) the time period referred to in subsection (34) does not begin.

Dispute

(19.1)  The applicant or the approval authority may make a motion for directions to have the Municipal Board determine whether the information and material required under subsections (17) and (18), if any, have been provided.

Final determination

(19.2)  The Municipal Board's determination under subsection (19.1) is not subject to appeal or review.

(3)  Clause 51 (24) (l) of the Act is repealed and the following substituted:

(l) the extent to which the plan's design optimizes the available supply, means of supplying, efficient use and conservation of energy.

(4)  Clause 51 (25) (b) of the Act is repealed and the following substituted:

(b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary;

(5)  Subsection 51 (32) of the Act is amended by striking out "the date of the order of the Municipal Board issued" and substituting "the date the Municipal Board's decision is issued".

(6)  Section 51 of the Act is amended by adding the following subsection:

Restriction, who may appeal

(39.1)  Despite subsection (39), a person who is not a public body and did not, before the approval authority made its decision, make oral submissions at a public meeting or written submissions to the approval authority is not entitled to appeal the decision, the lapsing provision or any of the conditions.

(7)  Section 51 of the Act is amended by adding the following subsection:

Restriction, who may appeal

(48.1)  Despite subsection (48), a person who is not a public body and did not, before the approval authority made its decision, make a written request to be notified of changes to the conditions is not entitled to appeal.

(8)  Section 51 of the Act is amended by adding the following subsections:

Restriction re adding parties

(52.1)  No person, other than a public body, shall be added as a party to the hearing of an appeal under subsection (39) or (48), unless,

(a) the person, before the approval authority made its decision with respect to the plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority; or

(b) in the Municipal Board's opinion, there are reasonable grounds to add the person as a party.

Restriction re evidence at hearing

(52.2)  Information and material that was not provided to the approval authority before it made a decision under this section shall not be admitted into evidence at the hearing of an appeal under subsection (39) or (48), unless,

(a) the Municipal Board is of the opinion that it was not reasonably possible to provide the information and material to the approval authority before it made its decision; or

(b) the information and material is introduced into evidence by a public body.

Same

(52.3)  If clause (52.2) (a) applies and the Municipal Board determines that the information and material could have materially affected the approval authority's decision, it shall not be admitted into evidence until subsection (52.4) has been complied with and the prescribed time period has elapsed.

Notice to approval authority

(52.4)  The Municipal Board shall notify the approval authority that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Board.

Approval authority's recommendation

(52.5)  The Municipal Board shall consider the approval authority's recommendation if it is received within the prescribed time period, and may but is not required to do so if it is received afterwards.

Conflict with Statutory Powers Procedure Act

(52.6)  Subsections (52.1) to (52.5) apply despite the Statutory Powers Procedure Act.

(9)  Clause 51 (53) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

(10)  Clause 51 (53) (b) of the Act is repealed.

22.  (1)  Subsections 53 (3) and (4) of the Act are repealed and the following substituted:

Other information

(3)  A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.

Refusal and timing

(4)  Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,

(a) the council or the Minister may refuse to accept or further consider the application for a consent; and

(b) the time period referred to in subsection (14) does not begin.

Dispute

(4.1)  The applicant, the council or the Minister may make a motion for directions to have the Municipal Board determine whether the information and material required under subsections (2) and (3), if any, have been provided.

Final determination

(4.2)  The Municipal Board's determination under subsection (4.1) is not subject to appeal or review.

(2)  Clause 53 (31) (a) of the Act is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) the appellant has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

23.  The Act is amended by adding the following section:

Prescribed undertaking relating to energy

62.0.1  An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act if,

(a) it has been approved under Part II or Part II.1 of that Act or is the subject of,

(i) an order under section 3.1 or a declaration under section 3.2 of that Act, or

(ii) an exempting regulation made under that Act; and

(b) a regulation under clause 70 (h) prescribing the undertaking or class of undertakings is in effect.

24.  Section 70 of the Act is amended by adding the following clause:

(h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy.

25.  (1)  Clause 70.1 (1) (b) of the Act is repealed and the following substituted:

(b) prescribing information and material that are to be provided under this Act and the manner in which they are to be provided;

(2)  Subsection 70.1 (1) of the Act is amended by adding the following clause:

(f.1) prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of "provincial plan" in subsection 1 (1);

(3)  Subsection 70.1 (1) of the Act is amended by adding the following clauses:

(g.1) prescribing conditions for the purpose of subsection 8.1 (1);

(g.2) prescribing a term for the purpose of clause 8.1 (2) (a) and qualifications for the purpose of clause 8.1 (2) (b);

(g.3) prescribing eligibility criteria for the purpose of subsection 8.1 (3);

(g.4) prescribing classes for the purpose of clause 8.1 (4) (c);

(g.5) prescribing requirements for the purpose of subsection 8.1 (7);

(g.6) respecting and governing appeals that are affected by orders made under subsections 8.1 (17), (19), (20) and (22);

(4)  Subsection 70.1 (1) of the Act is amended by adding the following clause:

(h.1) prescribing matters for the purpose of clause 16 (1) (b) and for the purpose of clause 16 (2) (c);

(5)  Subsection 70.1 (1) of the Act is amended by adding the following clauses:

(j.1) prescribing time periods for the purpose of subsections 17 (44.3) and (44.5), 34 (24.3) and (24.5) and 51 (52.3) and (52.5);

(j.2) prescribing public bodies for the purpose of clause 26 (2) (a);

(j.3) prescribing upper-tier municipalities for the purpose of subsection 28 (2);

(j.4) prescribing matters for the purpose of subsection 28 (4.0.1);

(j.5) prescribing conditions for the purpose of subsection 34 (16);

26.  Subsection 70.2 (5) of the Act is amended by striking out "against any and all subsequent owners of the land" and substituting "against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land".

27.  The Act is amended by adding the following section:

Regulations

70.5  (1)  The Minister may make regulations,

(a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date;

(b) modifying or replacing all or any part of the definition of "area of employment" in subsection 1 (1).

Same

(2)  A regulation under clause (1) (a) may, without limitation,

(a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date;

(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 clause (1) (a) may be retroactive to December 12, 2005.

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.

Definition

(6)  In this section,

"effective date" means the date on which section 27 of the Planning and Conservation Land Statute Law Amendment Act, 2005 comes into force.

28.  (1)  Subsection 77 (3) of the Act is amended by striking out "42, 46" and substituting "42, 44, 45, 46".

(2)  Section 77 of the Act is amended by adding the following subsection:

Non-application of subs. (2)

(3.1)  If a lower-tier municipality passes a by-law constituting and appointing a committee of adjustment under subsection 44 (1), subsection (2) of this section ceases to apply to the council of the lower-tier municipality on the day the by-law comes into force, except with respect to matters that, on that day, are before the council and have not been finally disposed of.

PART II
AMENDMENTS TO OTHER ACTS

Conservation Land Act

29.  (1)  Subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the purposes prescribed by the regulations made under this Act; or

(e) for access to the land for the purposes referred to in clause (a), (b), (c) or (d).

Easement reserved by conservation body

(2.1)  When a conservation body conveys land, it may reserve an easement for a purpose referred to in subsection (2).

Same

(2.2)  A reference in any Act or regulation to easements granted under this Act also applies to easements reserved in accordance with subsection (2.1).

(2)  Section 3 of the Act is amended by adding the following subsections:

No merger of registered easement

(6.1)  If a conservation body that is a party to an easement that is registered as described in subsection (5) becomes the owner of the affected land,

(a) the easement is suspended but does not merge; and

(b) if the conservation body afterwards conveys the land, the easement becomes effective again.

Buildings and structures

(6.2)  No person shall construct or demolish any building or structure on land that is subject to an easement or covenant under this Act without the written consent, given in advance, of the conservation body or its assignee.

(3)  Subsection 3 (11) of the Act is amended by adding the following clauses:

(c) prescribing purposes for the purpose of clause (2) (d);

(d) providing for and respecting one or more registries of easements and covenants under this Act.

Conveyancing and Law of Property Act

30.  Subsection 61 (4) of the Conveyancing and Law of Property Act is repealed and the following substituted:

Same

(4)  Nothing in this section applies to covenants and easements,

(a) established under the Agricultural Research Institute of Ontario Act; or

(b) entered into or granted under the Conservation Land Act.

Greenbelt Act, 2005

31.  Clause 9 (1) (a) of the Greenbelt Act, 2005 is amended by striking out "make a determination under subsection 26 (1) of the Planning Act" and substituting "revise an official plan in accordance with subsection 26 (1) of the Planning Act".

Land Titles Act

32.  Section 119 of the Land Titles Act is amended by adding the following subsection:

Same

(12)  The following provisions do not apply to a covenant or easement entered into or granted under the Conservation Land Act:

1. Clause (4) (c).

2. The rule with respect to modification and discharge of covenants in subsection (5).

3. Subsection (9).

Municipal Act, 2001

33.  (1)  Subsection 106 (3) of the Municipal Act, 2001 is amended by striking out "subsection 28 (6) or (7) of the Planning Act" and substituting "subsection 28 (6), (7) or (7.2) of the Planning Act".

(2)  Clause 379 (7) (a) of the Act is repealed and the following substituted:

(a) easements and restrictive covenants that run with the land, including, without limitation, easements and covenants under the Conservation Land Act and the Agricultural Research Institute of Ontario Act;

(3)  Clause 388 (5) (a) of the Act is repealed and the following substituted:

(a) easements and restrictive covenants that run with the land, including, without limitation, easements and covenants under the Conservation Land Act and the Agricultural Research Institute of Ontario Act;

PART III
MISCELLANEOUS, COMMENCEMENT
AND SHORT TITLE

Duffins Rouge Agricultural Preserve Act, 2005 (Bill 16)

34.  (1)  This section applies only if Bill 16 (An Act respecting the Duffins Rouge Agricultural Preserve, introduced on October 31, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 16 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 16 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 16.

(3)  On the later of the day subsection 29 (1) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, subsection 3 (2) of the Conservation Land Act is repealed and the following substituted:

Conservation easements and covenants

(2)  An owner of land may grant an easement to or enter into a covenant with one or more conservation bodies,

(a) for the conservation, maintenance, restoration or enhancement of all or a portion of the land or the wildlife on the land;

(b) for the protection of water quality and quantity, including protection of drinking water sources;

(c) for watershed protection and management;

(d) for the conservation, preservation or protection of the land for agricultural purposes;

(e) for the purposes prescribed by the regulations made under this Act; or

(f) for access to the land for the purposes referred to in clause (a), (b), (c), (d) or (e).

(4)  On the later of the day subsection 29 (3) of this Act comes into force and the day subsection 4 (1) of Bill 16 comes into force, clause 3 (11) (c) of the Conservation Land Act, as amended by subsection 29 (3) of this Act, is amended by striking out "clause (2) (d)" and substituting "clause (2) (e)".

Budget Measures Act (No. 2), 2005 (Bill 18)

35.  (1)  This section applies only if Bill 18 (An Act to implement 2005 Budget measures and amend various Acts, introduced on November 2, 2005) receives Royal Assent.

(2)  References in this section to provisions of Bill 18 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 18 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 18.

(3)  On the later of the day section 13 of this Act comes into force and the day subsection 1 (6) of Schedule 17 to Bill 18 comes into force, section 365.1 of the Municipal Act, 2001 is amended by adding the following subsection:

Same

(4.2)  An upper-tier municipality may pass a resolution under subsection (4.1) even if it has no upper-tier community improvement plan that is in effect, and the by-law so agreed to is binding on the upper-tier municipality despite section 106.

Commencement

36.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)  Sections 1 to 19, subsection 20 (3), sections 21 to 28, section 31 and subsection 33 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

37.  The short title of this Act is the Planning and Conservation Land Statute Law Amendment Act, 2005.

EXPLANATORY NOTE

Amendments to Planning Act and consequential amendments to other Acts

The Bill makes numerous amendments to the Planning Act. Most of these would modify aspects of the land use planning process, provide additional tools for implementation of provincial policies and give further support to sustainable development, intensification and brownfield redevelopment. Some technical and housekeeping amendments are also included, as well as consequential amendments to the Greenbelt Act, 2005 and the Municipal Act, 2001.

Among the amendments the Bill makes to the Planning Act are the following:

The list of matters of provincial interest in section 2 of the Act is expanded to include the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. (Section 2 of Bill)

When approval authorities or the Ontario Municipal Board make decisions relating to planning matters, they are required to have regard to decisions made by municipal councils and approval authorities relating to the same planning matters. (Section 2.1 of Act, section 3 of Bill)

Subsections 3 (5) and (6) of the Act are rewritten to require that municipal and provincial planning decisions and documents be consistent with and conform with the provincial policy statements and provincial plans that are in existence when the decisions are made or the documents are issued. (Section 4 of Bill)

Municipalities that meet the minimum requirements will have power to establish optional local appeal bodies that would deal with certain planning matters instead of the Ontario Municipal Board. (Section 8.1 of Act, section 6 of Bill)

Regulations may be made to specify additional matters to be included in official plans. (Subsections 16 (1) and (2) of Act, section 7 of Bill)

Appeals to the Ontario Municipal Board in respect of amendments to official plans and zoning by-laws involving the reduction of designated areas of employment are restricted. (Subsections 22 (7.1) to (7.3) of Act, subsection 10 (6) of Bill; subsection 34 (11.0.3) of Act, subsection 14 (5) of Bill)

Ontario Municipal Board hearings with respect to certain planning matters are generally limited to the information and parties that were before the municipal council whose decision is appealed. (Subsections 17 (24.1), (36.1) and (44.1) to (44.6) of Act, subsections 8 (6), (8) and (9) of Bill; subsections 34 (11.0.2), (19.1) and (24.1) to (24.6) of Act, subsections 14 (5), (12) and (13) of Bill; subsections 51 (39.1) and (52.1) to (52.6) of Act, subsections 21 (6) and (8) of Bill)

Requirements for public notice, information and consultation are enhanced. (Subsections 17 (15) to (17.3) and (19) of Act, subsections 8 (2) and (4) of Bill; subsections 22 (3.1) and (5) to (6.3) of Act, subsections 10 (3) and (4) of Bill; subsections 34 (10.0.1), (10.2) to (10.6), (12) to (13.3) and (14.1) of Act, subsections 14 (3), (4), (6) and (8) of Bill)

Section 26 of the Act currently requires municipalities with official plans to hold special meetings that are open to the public, at least every five years, to determine whether official plan revisions are needed. The section is rewritten to strengthen and clarify the requirement to update official plans with respect to provincial plans, matters of provincial interest, provincial policy statements and designated areas of employment. (Section 26 of Act, section 12 of Bill)

The scope of community improvement plans is expanded. Upper-tier municipalities are permitted to establish community improvement plans for limited purposes, and municipalities at each level may participate financially in the other level's community improvement plan. (Section 28 of Act, section 13 of Bill)

The Bill clarifies that municipalities' power to regulate the density of development includes power to regulate minimum and maximum height, and minimum as well as maximum density. Municipalities are authorized to impose conditions on zoning. (Subsections 34 (3), (16) and (16.1) of Act, subsections 14 (1) and (9) of Bill)

Municipalities may establish second unit policies as of right, without appeal to the Ontario Municipal Board. (Subsections 17 (24.2) and (36.2) and 34 (19.2) of Act, subsections 8 (6) and (8) and 14 (12) of Bill)

The Ontario Municipal Board's power to determine appeals of ministerial zoning orders under section 47 is restricted if the Minister is of the opinion that all or any part of the requested changes adversely affect matters of provincial interest. In that case, the determination is made by the Lieutenant Governor in Council. (Subsections 47 (13.1) to (13.5) of Act, subsection 18 (2) of Bill)

The Lieutenant Governor in Council may, by regulation, exempt from the Planning Act approval process undertakings that relate to energy and have been approved or exempted under the Environmental Assessment Act. (Section 62.0.1 of Act, section 23 of Bill)

Amendments to Conservation Land Act and consequential amendments to other Acts

The Bill also amends the Conservation Land Act with respect to conservation easements and covenants, and makes related amendments to the Conveyancing and Law of Property Act, the Land Titles Act, the Municipal Act, 2001 and the Planning Act.

The purposes for which conservation easements and covenants may be established under the Conservation Land Act are expanded to include protection of water quality and quantity, watershed protection and management, and further purposes that may be added by regulation. Technical amendments are made to facilitate the creation and preservation of conservation easements and covenants. Construction and demolition on land that is subject to a conservation easement or covenant requires the consent of the conservation body that is a party to the easement or covenant. Provision is also made for registries of conservation easements and covenants, to be established by regulation. (Subsections 3 (2), (2.1), (2.2), (6.1), (6.2) and (11) of Act, section 29 of Bill)

The Planning Act is amended to ensure that the subdivision control and part-lot control provisions of section 50 do not interfere with the creation of conservation easements and covenants. (Subsections 20 (1) and (2) of Bill)

The Conveyancing and Law of Property Act is amended to provide that conservation easements and covenants, unlike easements and covenants in general, are not subject to being modified or discharged by a court. (Section 30 of Bill)

The Land Titles Act is amended to exempt conservation easements and covenants from various technical restrictions that apply to easements and covenants in general. (Section 32 of Bill)

The Municipal Act, 2001 is amended to clarify that land sold for tax arrears remains subject to conservation easements and covenants. (Subsections 33 (2) and (3) of Bill)