[40] Bill 35 Original (PDF)
Bill 35 2013
An Act to amend the Places to Grow Act, 2005 with respect to the finality of certain municipal planning decisions
Note: This Act amends the Places to Grow Act, 2005. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:
1. The Places to Grow Act, 2005 is amended by adding the following section:
Certain municipal decisions final
Definitions
14.1 (1) In this section,
"Plan" means the Growth Plan for the Greater Golden Horseshoe, 2006; ("Plan")
"plan area" means the Greater Golden Horseshoe Growth Plan Area designated under clause 3 (a). ("zone du Plan")
Finality, conditions
(2) A decision made by a municipal council with respect to a part of the plan area is final and not subject to appeal to the Ontario Municipal Board if the following conditions are satisfied:
1. The decision is to refuse a request to amend the municipality's official plan with respect to land that is designated for one or more of the following:
i. Residential uses.
ii. Mixed uses including residential uses.
iii. Parks and Open Space.
2. The requested official plan amendment, if it were adopted, would permit an increase in the number of housing units on the land.
3. The municipal council has passed a resolution stating that the requested official plan amendment would not be in the best interests of the residents of the municipality.
Same, failure to adopt requested official plan amendment
(3) The failure of a municipal council to adopt a requested official plan amendment with respect to a part of the plan area within 180 days after the day the request is received is deemed on the 181st day to be a decision for the purposes of this section if the following conditions are satisfied:
1. The requested official plan amendment, if it were adopted, would amend the municipality's official plan with respect to land that is designated for one or more of the uses listed in paragraph 1 of subsection (2).
2. The requested official plan amendment, if it were adopted, would permit an increase in the number of housing units on the land.
Same
(4) For greater certainty, subsections (2), (3) and (6) apply even if the municipality's official plan does not conform with the Plan and even if the municipality has not achieved intensification targets determined under the Plan.
Application to municipal planning area and authority
(5) This section applies to a municipal planning area and municipal planning authority, and the municipal planning area and municipal planning authority are deemed to be a municipality or a municipal council, respectively, for the purposes of this section.
Transition
(6) This section applies with respect to the following:
1. A decision described in subsection (2) that is made on or after March 21, 2013.
2. A decision described in subsection (3) that is deemed to have been made before March 21, 2013, if on March 20, 2013 a right of appeal existed but no notice of appeal had been filed.
3. A decision described in subsection (3) that is deemed to have been made on or after March 21, 2013.
Conflict
(7) This section prevails over anything else in,
(a) this Act, a regulation made under this Act or a growth plan;
(b) the Planning Act, a regulation made under that Act, a provincial plan as defined in that Act or a policy statement issued under that Act; or
(c) any other Act or regulation.
Commencement
2. This Act comes into force on the day it receives Royal Assent.
Short title
3. The short title of this Act is the Preserving Existing Communities Act, 2013.
EXPLANATORY NOTE
The Growth Plan for the Greater Golden Horseshoe, 2006, established under the Places to Grow Act, 2005, provides that a significant portion of new growth in the plan area is to take place through intensification.
The Bill amends the Act to provide that certain municipal decisions rejecting development proposals that would involve intensification in the plan area are not subject to appeal to the Ontario Municipal Board. The new provision prevails over all other legislation.