Bill 5 2014

An Act respecting the City of Toronto and the Ontario Municipal Board

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

City of Toronto Act, 2006

   1.  (1)  Subsection 114 (5) of the City of Toronto Act, 2006 is amended by striking out "or, where a referral has been made under subsection (15), the Ontario Municipal Board" in the portion before paragraph 1.

   (2)  Subsections 114 (7) and (8) of the Act are repealed.

   (3)  Subsections 114 (15) and (16) of the Act are repealed.

   (4)  Section 114 of the Act is amended by adding the following subsections:

Transition re Ontario Municipal Board

   (18)  Subsections (7) and (8) continue to apply with respect to a motion for directions if notice of the motion is given before the day on which subsection (7) is repealed.

Same

   (19)  Subsections (15) and (16) continue to apply with respect to particular plans or drawings and with respect to all or part of any particular requirement made by the City if written notice about the plans or drawings or written notice about the unsatisfactory requirement or the unsatisfactory part of the requirement is given in accordance with subsection (15) before the day on which that subsection is repealed.

   2.  (1)  Subsection 115 (1) of the Act is repealed and the following substituted:

Appeal bodies for land use planning matters

   (1)  The City may by by-law constitute and appoint one or more appeal bodies for land use planning matters, composed of such persons as the City considers advisable, subject to subsections (2), (3) and (4).

   (2)  Subsection 115 (2) of the Act is amended by striking out "the appeal body" in the portion before clause (a) and substituting "an appeal body".

   (3)  Subsection 115 (3) of the Act is amended by striking out "the appeal body" and substituting "an appeal body".

   (4)  Subsection 115 (4) of the Act is amended by striking out "the appeal body" in the portion before clause (a) and substituting "an appeal body".

   (5)  Subsections 115 (5) and (6) of the Act are repealed and the following substituted:

Jurisdiction of appeal body

   (5)  The City may by by-law empower an appeal body to hear one or more of the following matters that, under the Condominium Act, 1998, the Ontario Heritage Act or the Planning Act, can be heard or determined by the Ontario Municipal Board with respect to land use planning in another municipality:

    1.  An appeal or a motion for directions, as the case may be, under subsection 9 (2) of the Condominium Act, 1998 with respect to the incorporation by reference of subsection 51 (34), (39) or (48) of the Planning Act.

    2.  An appeal under subsection 34.1 (1), 40.1 (4), 41 (4) or 42 (6) of the Ontario Heritage Act.

    3.  An appeal or a motion for directions, as the case may be, under any of the following subsections of the Planning Act:

            i.  Re official plan approvals: Subsection 17 (24), (36) or (40).

           ii.  Re amendment of official plan: Subsection 22 (6.2) or (7).

          iii.  Re community improvement plan: Subsection 28 (5), with respect to the incorporation by reference of subsection 17 (24).

          iv.  Re demolition control area: Subsection 33 (4), (10) or (15).

           v.  Re zoning by-laws: Subsection 34 (10.5), (11) or (19).

          vi.  Re holding provision by-laws: Subsection 36 (3).

         vii.  Re interim control by-laws: Subsection 38 (4).

        viii.  Re conveyance of land for park or other recreational purposes: Subsection 42 (10) or (11).

          ix.  Re committee of adjustment: Subsection 45 (12).

           x.  Re plan of subdivision approvals: Subsection 51 (19.2), (34), (39), (43) or (48).

          xi.  Re consents: Subsection 53 (14), (19) or (27).

Same

   (5.1)  The City may by by-law empower an appeal body to hear one or more of the following matters with respect to land use planning:

    1.  An appeal of a by-law made or proposed under a special Act conferring authority on the City or a predecessor municipality, or an appeal of a decision made under such a by-law.

    2.  Such other matters as the City considers appropriate.

Right of appeal, etc.

   (6)  A by-law that empowers an appeal body to hear an appeal or a motion must also establish the right of one or more persons to bring such an appeal or to make such a motion.

Powers and duties re appeal, etc.

   (6.1)  If an appeal body is empowered to hear a matter described in subsection (5), the appeal body has the same powers and duties with respect to the matter as those of the Ontario Municipal Board under the Condominium Act, 1998, the Ontario Heritage Act or the Planning Act, as the case may be, in relation to an analogous matter under that Act.

Same

   (6.2)  If an appeal body is empowered to hear a matter described in subsection (5.1), the appeal body has the powers and duties set out in the by-law with respect to the matter.

   (6)  Subsection 115 (7) of the Act is amended by striking out "The appeal body" at the beginning and substituting "An appeal body".

   (7)  Subsection 115 (8) of the Act is amended by striking out "to the appeal body" and substituting "to an appeal body".

   (8)  Subsection 115 (9) of the Act is amended by striking out "from the appeal body" and substituting "from an appeal body".

   (9)  Subsections 115 (9.1) to (22) of the Act are repealed.

   3.  Clause 123 (e) of the Act is repealed.

   4.  (1)  Subsection 128 (3) of the Act is amended by striking out "specifying the last date for filing a notice of appeal under subsection (4)" at the end.

   (2)  Subsections 128 (4), (5), (6) and (7) of the Act are repealed.

   (3)  Subsection 128 (8) of the Act is repealed and the following substituted:

Coming into force of by-law

   (8)  The by-law comes into force on the day the new city council is organized following,

  (a)  the first regular election after the by-law is passed if the by-law is passed before January 1 in the year of the regular election; and

  (b)  the second regular election after the by-law is passed, in all other cases except where the by-law is repealed by the Board.

   5.  Subsections 129 (4), (5), (6), (7) and (8) of the Act are repealed.

Condominium Act, 1998

   6.  Section 9 of the Condominium Act, 1998 is amended by adding the following subsection:

Exception, City of Toronto

   (2.1)  For greater certainty, subsections 51 (34), (39) and (48) of the Planning Act do not apply with respect to a property that is located in the City of Toronto, except as otherwise provided in section 51 of that Act.

Consolidated Hearings Act

   7.  Section 2 of the Consolidated Hearings Act is amended by adding the following subsection:

Exception, City of Toronto

   (2)  For greater certainty, this Act does not apply in respect of a matter under the Condominium Act, 1998, the Ontario Heritage Act or the Planning Act relating to an undertaking or activity in the City of Toronto if an appeal body established by the City council under section 115 of the City of Toronto Act, 2006 is required or permitted to hold a hearing before a final decision about the matter is made.

Development Charges Act, 1997

   8.  The Development Charges Act, 1997 is amended by adding the following section:

Exception, City of Toronto

   18.1  (1)  Sections 10 to 18 do not apply with respect to a development charge by-law of the City of Toronto.

Transition

   (2)  Despite subsection (1), sections 10 to 18 continue to apply with respect to a by-law if the written notice referred to in subsection 13 (1) is given before the day on which this section comes into force.

   9.  Section 19 of the Act is amended by adding the following subsection:

Exception, City of Toronto

   (1.1)  For greater certainty, subsection (1) does not apply with respect to an amendment to a development charge by-law of the City of Toronto.

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

Exception, City of Toronto

   24.1  (1)  Sections 21 to 24 do not apply with respect to a development charge by-law of the City of Toronto.

Transition

   (2)  Despite subsection (1), sections 21 to 24 continue to apply with respect to an appeal if notice of the appeal under subsection 22 (1) or (2) is filed before the day on which this section comes into force.

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

Exception, City of Toronto

   49.1  (1)  Sections 46 to 48 do not apply with respect to a front-ending agreement entered into by the City of Toronto.

Transition

   (2)  Despite subsection (1), sections 46 to 48 continue to apply with respect to an objection to a front-ending agreement if notice of the objection is filed in accordance with section 47 before the day on which this section comes into force.

   12.  Section 50 of the Act is amended by adding the following subsection:

Exception, City of Toronto

   (2)  For greater certainty, subsection (1) does not apply with respect to an amendment to a front-ending agreement entered into by the City of Toronto.

Funeral, Burial and Cremation Services Act, 2002

   13.  Section 85 of the Funeral, Burial and Cremation Services Act, 2002 is amended by adding the following subsections:

Exception, City of Toronto

   (1.1)  Subsection (1) does not apply with respect to a decision of the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (4)  Despite subsection (1.1), subsection (1) continues to apply with respect to an appeal of a decision of the City of Toronto under section 84 if notice of the appeal is given before the day on which subsection (1.1) comes into force.

Ontario Heritage Act

   14.  Section 34 of the Ontario Heritage Act is amended by adding the following subsection:

Exception, City of Toronto

   (4.1)  The following rules apply if the property is located in the City of Toronto, and if the City passes a by-law under subsection 115 (5) of the City of Toronto Act, 2006 authorizing appeals relating to applications made under subsection (1):

    1.  The time period mentioned in subsection (2) applies only with respect to the initial decision of the council, and not with respect to the appeal.

    2.  A deemed consent described in subsection (4) takes effect upon the expiry of the time period mentioned in subsection (2) and cannot be appealed.

    3.  The rules governing an appeal, including the applicable deadline for giving notice of the decision on the appeal to the owner and to the Trust, are as set out in the by-law providing for the appeal.

    4.  If the initial decision is appealed, and if council fails to give notice of the decision on the appeal to the owner and the Trust by the applicable deadline, the council is deemed to have consented to the application under subsection (1).

   15.  Section 34.1 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (1.1)  Subsection (1) does not apply if the property is located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (8)  Despite subsection (1.1), subsection (1) continues to apply with respect to a decision of Toronto city council if the applicable notice of appeal, accompanied by the required fee, is given in accordance with subsections (2) and (3) before the day on which subsection (1.1) comes into force.

   16.  Subsection 34.5 (10) of the Act is amended by striking out "Section 34.1 applies" at the beginning and substituting "Subsections 34.1 (1) and (2) to (7) apply".

   17.  Section 40.1 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (4.1)  Subsection (4) does not apply if the heritage conservation study area is located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (7)  Despite subsection (4.1), subsection (4) continues to apply with respect to a by-law passed under subsection (1) if the applicable notice of appeal, accompanied by the required fee, is given in accordance with subsection (4) before the day on which subsection (4.1) comes into force.

   18.  Section 41 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (4.1)  Subsection (4) does not apply if the heritage conservation district is located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (13)  Despite subsection (4.1), subsection (4) continues to apply with respect to a by-law passed under this section if the applicable notice of appeal, accompanied by the required fee, is given in accordance with subsection (4) before the day on which subsection (4.1) comes into force.

   19.  Section 42 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (6.1)  Subsection (6) does not apply if the property is located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (18)  Despite subsection (6.1), subsection (6) continues to apply with respect to a decision of Toronto city council if the applicable notice of appeal is given in accordance with subsections (6) and (7) before the day on which subsection (6.1) comes into force.

Planning Act

   20.  Section 17 of the Planning Act is amended by adding the following subsections:

Exception, City of Toronto

   (24.0.1)  Subsection (24) does not apply with respect to all or part of a plan of the City of Toronto or all or part of a proposed amendment to such a plan.

.     .     .     .     .

Exception, City of Toronto

   (36.0.1)  Subsection (36) does not apply with respect to all or part of a plan of the City of Toronto or all or part of a proposed amendment to such a plan.

.     .     .     .     .

Exception

   (40.1)  Subsection (40) does not apply with respect to all or part of a plan of the City of Toronto or all or part of a proposed amendment to such a plan.

.     .     .     .     .

Transition, City of Toronto

   (55)  Despite subsection (24.0.1), subsection (24) continues to apply with respect to a particular plan of the City of Toronto or a particular proposed amendment if the applicable notice of appeal is filed in accordance with subsections (24), (25) and (26) before the day on which subsection (24.0.1) comes into force.

Same

   (56)  Despite subsection (36.0.1), subsection (36) continues to apply with respect to the decision of an approval authority about a particular plan of the City of Toronto or a particular proposed amendment if the applicable notice of appeal is filed in accordance with subsections (36) and (37) before the day on which subsection (36.0.1) comes into force.

Same

   (57)  Despite subsection (40.1), subsection (40) continues to apply with respect to a particular plan of the City of Toronto or a particular proposed amendment if the applicable notice of appeal is filed in accordance with subsections (40) and (41) before the day on which subsection (40.1) comes into force.

   21.  Section 22 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (6.2.1)  Subsection (6.2) does not apply with respect to a request to amend the official plan of the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (7.0.0.1)  Subsection (7) does not apply with respect to a request to amend the official plan of the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (14)  Despite subsection (6.2.1), subsection (6.2) continues to apply with respect to a particular motion for directions relating to a request to amend the official plan of the City of Toronto if notice of the motion for directions is given before the day on which subsection (6.2.1) comes into force.

Same

   (15)  Despite subsection (7.0.0.1), subsection (7) continues to apply with respect to a particular request to amend the official plan of the City of Toronto if the applicable notice of appeal is filed in accordance with subsections (7) and (7.0.3) before the day on which subsection (7.0.0.1) comes into force.

   22.  Section 28 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (5.3)  For greater certainty, despite subsection (5), subsection 17 (24) does not apply with respect to a community improvement plan of the City of Toronto or a proposed amendment to it.

.     .     .     .     .

Transition, City of Toronto

   (14)  Despite subsection (5.3), subsection 17 (24) continues to apply, with necessary modifications, with respect to a particular community improvement plan of the City of Toronto or a particular proposed amendment to it if the applicable notice of appeal is filed in accordance with subsections 17 (24), (25) and (26) before the day on which subsection (5.3) comes into force.

   23.  Section 33 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (4.1)  Subsection (4) does not apply with respect to an application to the council of the City of Toronto for a demolition permit.

.     .     .     .     .

Exception, City of Toronto

   (10.1)  Subsection (10) does not apply with respect to a demolition permit issued by Toronto city council.

.     .     .     .     .

Exception, City of Toronto

   (15.1)  Subsection (15) does not apply with respect to a demolition permit issued by Toronto city council.

.     .     .     .     .

Transition, City of Toronto

   (20)  Despite subsection (4.1), subsection (4) continues to apply with respect to a particular application to the council of the City of Toronto for a demolition permit if the applicable notice of appeal is given in accordance with subsection (5) before the day on which subsection (4.1) comes into force.

Same

   (21)  Despite subsection (10.1), subsection (10) continues to apply with respect to a particular demolition permit issued by Toronto city council if notice of the applicable appeal under subsection (10) is filed before the day on which subsection (10.1) comes into force.

Same

   (22)  Despite subsection (15.1), subsection (15) continues to apply with respect to a particular demolition permit issued by Toronto city council if notice of the applicable appeal under subsection (15) is filed before the day on which subsection (15.1) comes into force.

   24.  Section 34 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (10.5.1)  Subsection (10.5) does not apply with respect to an application to amend a by-law concerning any land, building or structure located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (11.0.0.1)  Subsection (11) does not apply with respect to an application to amend a by-law concerning any land, building or structure located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (19.0.1)  Subsection (19) does not apply with respect to a by-law concerning any land, building or structure located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (35)  Despite subsection (10.5.1), subsection (10.5) continues to apply with respect to a particular motion for directions relating to an application to amend a by-law concerning any land, building or structure located in the City of Toronto if notice of the motion for directions is given before the day on which subsection (10.5.1) comes into force.

Same

   (36)  Despite subsection (11.0.0.1), subsection (11) continues to apply with respect to a particular application to amend a by-law concerning any land, building or structure located in the City of Toronto if the applicable notice of appeal is filed in accordance with subsections (11) and (11.0.3) before the day on which subsection (11.0.0.1) comes into force.

Same

   (37)  Despite subsection (19.0.1), subsection (19) continues to apply with respect to a particular by-law concerning any land, building or structure located in the City of Toronto if the applicable notice of appeal is filed in accordance with subsection (19) before the day on which subsection (19.0.1) comes into force.

   25.  Section 36 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (3.0.1)  Subsection (3) does not apply with respect to a by-law passed under section 34 concerning any land, building or structure located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (5)  Despite subsection (3.0.1), subsection (3) continues to apply with respect to a particular application for amendment to a by-law concerning any land, building or structure located in the City of Toronto if notice of the applicable appeal under subsection (3) is given before the day on which subsection (3.0.1) comes into force.

   26.  Section 38 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (4.1)  Subsection (4) does not apply with respect to an interim control by-law concerning land, buildings or structures located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (9)  Despite subsection (4.1), subsection (4) continues to apply with respect to a particular interim control by-law concerning land, buildings or structures located in the City of Toronto if the notice of appeal is filed in accordance with subsection (4) before the day on which subsection (4.1) comes into force.

   27.  Section 42 of the Act is amended by adding the following subsections:

Exceptions, City of Toronto

   (13.1)  Subsections (10), (11), (12) and (13) do not apply with respect to a dispute between the City of Toronto and an owner of land located in the City.

.     .     .     .     .

Transition, City of Toronto

   (17)  Despite subsection (13.1), subsection (10) or (11) continues to apply with respect to a particular dispute between the City of Toronto and an owner of land located in the City if the application to the Municipal Board under subsection (10) or (11), as the case may be, is made before the day on which subsection (13.1) comes into force.

Same

   (18)  Despite subsection (13.1), subsections (12) and (13) continue to apply with respect to a particular dispute between the City of Toronto and an owner of land located in the City if the payment is made, and the notice required by subsection (13) is given, before the day on which subsection (13.1) comes into force.

   28.  Section 45 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (12.1)  Subsection (12) does not apply with respect to a decision of the committee of adjustment of the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (21)  Despite subsection (12.1), subsection (12) continues to apply with respect to a particular decision of the committee of adjustment of the City of Toronto if the applicable notice of appeal is given in accordance with subsection (12) before the day on which subsection (12.1) comes into force.

   29.  Section 51 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (19.2.1)  Subsection (19.2) does not apply with respect to an application for approval of a plan of subdivision for land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (34.0.1)  Subsection (34) does not apply with respect to an application for approval of a plan of subdivision for land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (39.1)  Subsection (39) does not apply with respect to a draft plan of subdivision for land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (43.1)  Subsection (43) does not apply with respect to a plan of subdivision for land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (48.1)  Subsection (48) does not apply with respect to a plan of subdivision for land located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (62)  Despite subsection (19.2.1), subsection (19.2) continues to apply with respect to a particular motion for directions relating to an application for approval of a plan of subdivision for land located in the City of Toronto if the motion for directions is made in accordance with subsection (19.2) before the day on which subsection (19.2.1) comes into force.

Same

   (63)  Despite subsection (34.0.1), subsection (34) continues to apply with respect to a particular application for approval of a plan of subdivision for land located in the City of Toronto if the applicable notice of appeal, accompanied by the required fee, is filed in accordance with subsection (34) before the day on which subsection (34.0.1) comes into force.

Same

   (64)  Despite subsection (39.1), subsection (39) continues to apply with respect to a particular draft plan of subdivision for land located in the City of Toronto if the applicable notice of appeal that complies with subsections (39) and (40), accompanied by the required fee, is filed before the day on which subsection (39.1) comes into force.

Same

   (65)  Despite subsection (43.1), subsection (43) continues to apply with respect to a particular plan of subdivision for land located in the City of Toronto if the applicable notice of appeal that complies with subsection (43), accompanied by the required fee, is filed before the day on which subsection (43.1) comes into force.

Same

   (66)  Despite subsection (48.1), subsection (48) continues to apply with respect to a particular draft plan of subdivision for land located in the City of Toronto if the applicable notice of appeal that complies with subsection (48) or (49), accompanied by the required fee, is filed before the day on which subsection (48.1) comes into force.

   30.  Section 53 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (14.0.1)  Subsection (14) does not apply with respect to an application for a consent concerning land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (19.1)  Subsection (19) does not apply with respect to a decision made or a condition imposed on a consent concerning land located in the City of Toronto.

.     .     .     .     .

Exception, City of Toronto

   (27.1)  Subsection (27) does not apply with respect to a consent concerning land located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (45)  Despite subsection (14.0.1), subsection (14) continues to apply with respect to a particular application for consent concerning land located in the City of Toronto if the applicable notice of appeal, accompanied by the required fee, is filed in accordance with subsection (14) before the day on which subsection (14.0.1) comes into force.

Same

   (46)  Despite subsection (19.1), subsection (19) continues to apply with respect to a particular decision made or condition imposed on a consent concerning land located in the City of Toronto if the applicable notice of appeal that complies with subsections (19) and (20), accompanied by the required fee, is filed before the day on which subsection (19.1) comes into force.

Same

   (47)  Despite subsection (27.1), subsection (27) continues to apply with respect to particular changed conditions imposed on a consent concerning land located in the City of Toronto if the applicable notice of appeal that complies with subsections (20) and (27), accompanied by the required fee, is filed before the day on which subsection (27.1) comes into force.

   31.  Section 69 of the Act is amended by adding the following subsection:

Exception, City of Toronto

   (3.1)  Subsection (3) does not apply with respect to a fee paid or payable to the City of Toronto.

Commencement and Short Title

Commencement

   32.  This Act comes into force on the first anniversary of the day it receives Royal Assent.

Short title

   33.  The short title of this Act is the Respect for Municipalities Act (City of Toronto), 2014.

 

EXPLANATORY NOTE

The Bill changes the relationship in law between the City of Toronto and the Ontario Municipal Board.  Currently, under various statutes that govern land use planning, certain municipal decisions can be appealed to the Ontario Municipal Board.  Amendments eliminate those rights of appeal with respect to decisions of the City of Toronto. Amendments also eliminate a right to make certain other types of applications to the Board with respect to the City.

The City is authorized to establish one or more appeal bodies to hear any of these matters and to hear such other matters as the City considers appropriate.

The Bill comes into force on the first anniversary of the day on which it receives Royal Assent.

Here are some highlights:

City of Toronto Act, 2006

Section 115 of the City of Toronto Act, 2006 currently authorizes the City to establish one appeal body for specified local land use planning matters.  The current provision assigns to the appeal body the powers of the Ontario Municipal board under specified provisions of the Planning Act.  Amendments to section 115 authorize the City to establish one or more appeal bodies, and to empower an appeal body to hear one or more of a list of matters.  The list is set out in subsections 115 (5) and (5.1).  A consequential amendment is made to section 123, concerning the authority of the Minister of Municipal Affairs and Housing to make regulations.

Rights of appeal to the Ontario Municipal Board relating to the following matters are repealed.  Rights to make a motion for directions are also repealed.

    1.   Site plan controls - appeals and motions for directions under section 114.

    2.   Changes to wards - appeals under sections 128 and 129.

Condominium Act, 1998

Section 9 of the Condominium Act, 1998 provides for planning approvals of condominium developments.  It says that specified provisions of the Planning Act apply, with necessary modifications, with respect to condominium developments.  Those provisions of the Planning Act include some that provide for appeals to the Ontario Municipal Board.  The amendment to section 9 eliminates the rights of appeal to the Board for a condominium development in the City of Toronto.

Consolidated Hearings Act

Section 2 of the Consolidated Hearings Act says that the Act applies when hearings by more than one tribunal may be required with respect to the same undertaking.  The amendment to section 2 specifies that the Act does not apply with respect to matters that may be heard by an appeal body established by the City of Toronto.

Development Charges Act, 1997

Rights of appeal to the Ontario Municipal Board under the Development Charges Act, 1997 relating to the following matters are repealed with respect to the City of Toronto:

    1.   Development charge by-laws - appeals under sections 10 to 19.

    2.   Development charges - appeals under sections 21 to 24.

    3.   Front-ending agreements - objections under sections 46 to 48 and 50.

Funeral, Burial and Cremation Services Act, 2002

Under section 84 of the Funeral, Burial and Cremation Services Act, 2002, a municipality may approve a request to establish, alter or increase the capacity of a cemetery.  Section 85 of the Act provides for an appeal of the municipality's decision to the Ontario Municipality Board.  The amendment to section 85 eliminates the right of appeal for a decision of the City of Toronto.

Ontario Heritage Act

Rights of appeal to the Ontario Municipal Board under the Ontario Heritage Act relating to the following matters are repealed with respect to the City of Toronto:

    1.   Consents to demolish or remove a building or structure - appeals under section 34.1.

    2.   Heritage conservation study areas - appeals under section 40.1.

    3.   Heritage conservation districts - appeals under sections 41 and 42.

Planning Act

Rights of appeal to the Ontario Municipal Board under the Planning Act relating to the following matters are repealed with respect to the City of Toronto.  Rights to make a motion for directions are also repealed.

    1.   Official plans or amendments - appeals under sections 17 and 22, motions for directions under section 22.

    2.   Community improvement plans or amendments - appeals under section 28.

    3.   Demolition control areas - appeals under section 33.

    4.   Zoning by-law matters - appeals and motions for directions under section 34.

    5.   Holding provision by-laws - appeals under section 36.

    6.   Interim control by-laws - appeals under section 38.

    7.   Conveyances for park or other recreational purposes - appeals under section 42.

    8.   Committee of adjustment matters - appeals under section 45.

    9.   Plan of subdivision matters - appeals and motions for directions under section 51.

10.   Consents - appeals under section 53.

11.   Fees - appeals under section 69.