Bill 73, Smart Growth for Our Communities Act, 2015

McMeekin, Hon. Ted Minister of Municipal Affairs and Housing

Versions

Bill 73 2015

An Act to amend the Development Charges Act, 1997 and the Planning Act

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

Development Charges Act, 1997

1. Section 1 of the Development Charges Act, 1997 is amended by adding the following definitions:

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

2. (1) Clause 2 (2) (f) of the Act is amended by striking out "section 50 of the Condominium Act" and substituting "section 9 of the Condominium Act, 1998".

(2) Subsection 2 (4) of the Act is repealed and the following substituted:

Ineligible services

(4) A development charge by-law may not impose development charges to pay for increased capital costs required because of increased needs for a service that is prescribed as an ineligible service for the purposes of this subsection.

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

Area rating, prescribed areas and services

(9) Despite subsection (7), a development charge by-law dealing with an area that is prescribed for the purposes of this subsection and with a service that is prescribed with respect to the prescribed area for the purposes of this subsection shall apply only to the prescribed area and not to any other part of the municipality.

Transition

(10) Subsection (9) does not apply to a development charge by-law that was passed before the relevant area and the relevant service were prescribed for the purposes of that subsection.

Area rating, prescribed municipalities, services and criteria

(11) The following rules apply to a municipality that is prescribed for the purposes of this subsection:

1. With respect to a service that is prescribed for the purposes of this subsection, the council shall pass different development charge by-laws for different parts of the municipality.

2. The parts of the municipality to which different development charge by-laws are to apply shall be identified in accordance with the prescribed criteria.

Transition

(12) Subsection (11) does not apply to a development charge by-law that was passed before the municipality and the relevant service were prescribed for the purposes of that subsection.

3. Subsection 5 (5) of the Act is amended by adding the following paragraph:

7.2 Transit services other than the Toronto-York subway extension.

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

Prescribed services

Definition

5.2 (1) In this section,

"prescribed service" means a service that is prescribed for the purposes of this section.

Provision does not apply

(2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for a prescribed service.

Applicable restriction

(3) For the purposes of section 5, the estimate for the increase in the need for a prescribed service shall not exceed the planned level of service over the 10-year period immediately following the preparation of the background study required under section 10.

Regulations

(4) The method of estimating the planned level of service for a prescribed service and the criteria to be used in doing so may be prescribed.

5. (1) Subsection 10 (2) of the Act is amended by striking out "and" at the end of clause (c) and by adding the following clauses:

(c.1) unless subsection 2 (9) or (11) applies, consideration of the use of more than one development charge by-law to reflect different needs for services in different areas;

(c.2) an asset management plan prepared in accordance with subsection (3); and

(2) Section 10 of the Act is amended by adding the following subsection:

Asset management plan

(3) The asset management plan shall,

(a) deal with all assets whose capital costs are proposed to be funded under the development charge by-law;

(b) demonstrate that all the assets mentioned in clause (a) are financially sustainable over their full life cycle;

(d) be prepared in the prescribed manner.

(3) Section 10 of the Act is amended by adding the following subsection:

Background study to be made available

(4) The council shall ensure that a development charge background study is made available to the public at least 60 days prior to the passing of the development charge by-law and until the by-law expires or is repealed by posting the study on the website of the municipality or, if there is no such website, in the municipal office.

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

Multiple building permits

(1.1) If a development consists of one building that requires more than one building permit, the development charge for the development is payable upon the first building permit being issued.

Multiple phases

(1.2) If a development consists of two or more phases that will not be constructed concurrently and are anticipated to be completed in different years, each phase of the development is deemed to be a separate development for the purposes of this section.

7. (1) Subsection 43 (2) of the Act is repealed and the following substituted:

Requirements

(2) A statement must include, for the preceding year,

(a) statements of the opening and closing balances of the reserve funds and of the transactions relating to the funds;

(b) statements identifying,

(i) all assets whose capital costs were funded under a development charge by-law during the year,

(ii) for each asset mentioned in subclause (i), the manner in which any capital cost not funded under the by-law was or will be funded;

(d) any other information that is prescribed.

Statement available to public

(2.1) The council shall ensure that the statement is made available to the public.

(2) Subsection 43 (3) of the Act is amended by striking out "within 60 days after giving the statement to the council" at the end and substituting "on request".

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

No additional levies

59.1 (1) A municipality shall not impose, directly or indirectly, a charge related to a development or a requirement to construct a service related to development, except as permitted by this Act or another Act.

Prescribed exceptions

(2) Subsection (1) does not apply with respect to,

(a) a prescribed class of developments;

(b) a prescribed class of services related to developments; or

Exception, transition

(3) Subsection (1) does not affect a charge that is imposed before the day section 8 of the Smart Growth for Our Communities Act, 2015 comes into force.

Power of investigation

(4) The Minister of Municipal Affairs and Housing may, at any time, investigate whether a municipality has complied with subsection (1).

Same

(5) For the purposes of an investigation under subsection (4), the Minister may,

(a) inquire into any or all of the municipality's affairs, financial and otherwise;

(b) require the production of any records and documents that may relate to the municipality's affairs;

(d) require any officer of the municipality and any other person to appear before the Minister and give evidence on oath about the municipality's affairs; and

(e) hold any hearings in respect of the municipality's affairs as the Minister considers necessary or expedient.

Application of Public Inquiries Act, 2009

(6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4).

Cost of investigation

(7) The Minister may require the municipality to pay all or part of the cost of an investigation under subsection (4).

9. (1) Clauses 60 (1) (c) and (d) of the Act are repealed and the following substituted:

(d) prescribing areas, and prescribing services with respect to prescribed areas, for the purposes of subsection 2 (9);

(d.1) prescribing municipalities, services and criteria for the purposes of subsection 2 (11);

(2) Subsection 60 (1) of the Act is amended by adding the following clauses:

(m.3) prescribing a service, other than the Toronto-York subway extension, as a service for the purposes of section 5.2;

(m.4) prescribing the method and criteria to be used to estimate the planned level of service for a service that is prescribed for the purposes of section 5.2;

. . . . .

(o.1) prescribing information for the purposes of clause 10 (3) (c);

(o.2) prescribing the manner in which an asset management plan is to be prepared for the purposes of clause 10 (3) (d);

(3) Clause 60 (1) (t) of the Act is repealed and the following substituted:

(t) prescribing information for the purposes of clause 43 (2) (d);

(t.1) prescribing classes of developments and classes of services related to developments for the purposes of subsection 59.1 (2);

(t.2) prescribing Acts and provisions of Acts for the purposes of subsection 59.1 (2);

10. Section 63 of the Act is amended by adding the following subsection:

Interpretation

(4) In this section and in sections 64, 65 and 66, references to paragraphs 1 to 7 of subsection 2 (4) shall be read as references to those provisions as they read before the day subsection 2 (2) of the Smart Growth for Our Communities Act, 2015 comes into force.

Planning Act

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

"payment in lieu" means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; ("paiement tenant lieu de cession")

(2) Subsection 1 (2) of the Act is amended by striking out "subsections 17 (24), (36) and (40), 22 (7.4), 34 (19), 38 (4), 45 (12), 51 (39), (43) and (48) and 53 (19) and (27)" at the end and substituting "subsections 17 (24), (36), (40) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4), 45 (12), 51 (39), (43), (48) and (52.1) and 53 (19) and (27)".

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

(r) the promotion of built form that,

(i) is well-designed,

(ii) encourages a sense of place, and

(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

13. Section 2.1 of the Act is repealed and the following substituted:

Approval authorities and Municipal Board to have regard to certain matters

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

Same, Municipal Board

(2) When the Municipal Board makes a decision under this Act that relates to a planning matter that is appealed because of the failure of a municipal council or approval authority to make a decision, the Board shall have regard to any information and material that the municipal council or approval authority received in relation to the matter.

Same

(3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter.

14. Subsection 3 (10) of the Act is amended by striking out "five years" and substituting "10 years".

15. (1) Subsection 4 (1) of the Act is amended by striking out "including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board" at the end.

(2) Subsection 4 (2) of the Act is amended by striking out "including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board" at the end.

16. Section 8 of the Act is repealed and the following substituted:

Planning advisory committee

Mandatory for certain municipalities

8. (1) The council of every upper-tier municipality and the council of every single-tier municipality that is not in a territorial district, except the council of the Township of Pelee, shall appoint a planning advisory committee in accordance with this section.

Optional for other municipalities

(2) The council of a lower-tier municipality, the council of a single-tier municipality that is in a territorial district or the council of the Township of Pelee may appoint a planning advisory committee in accordance with this section.

Joint planning by agreement

(3) The councils of two or more municipalities described in subsection (2) may enter into an agreement to provide for the joint undertaking of such matters of a planning nature as may be agreed upon and may appoint a joint planning advisory committee in accordance with this section.

Membership

(4) The members of a planning advisory committee shall be chosen by the council and shall include at least one resident of the municipality who is neither a member of a municipal council nor an employee of the municipality.

Same

(5) Subsection (4) applies with respect to a joint planning advisory committee, with necessary modifications.

Remuneration

(6) Persons appointed to a committee under this section may be paid such remuneration and expenses as the council or councils may determine, and where a joint committee is appointed, the councils may by agreement provide for apportioning the costs of the payments to their respective municipalities.

17. Subsections 16 (1) and (2) of the Act are 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, built and natural environment of the municipality or part of it, or an area that is without municipal organization;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of,

(i) proposed amendments to the official plan or proposed revisions of the plan,

(ii) proposed zoning by-laws,

(iii) proposed plans of subdivision, and

(iv) proposed consents under section 53; and

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 planning matters not mentioned in clause (1) (b); and

18. (1) Section 17 of the Act is amended by adding the following subsections:

Time for provision of copy to Minister

(17.1) A copy of the current proposed plan or official plan amendment shall be submitted to the Minister at least 90 days before the municipality gives notice under subsection (17) if,

(a) the Minister is the approval authority in respect of the plan or amendment; and

(b) the plan or amendment is not exempt from approval.

Transition

(17.2) Subsection (17.1) does not apply if the notice is given within 120 days after subsection 18 (1) of the Smart Growth for Our Communities Act, 2015 comes into force.

(2) Subsection 17 (17.2) of the Act, as enacted by subsection (1), is repealed.

(3) Subsections 17 (19.3) and (19.4) of the Act are repealed and the following substituted:

Alternative measures

(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) and clause 22 (6.4) (a) do not apply to the proposed amendments, but subsection (19.6) does apply.

Same

(19.4) In the course of preparing the official plan, before including alternative measures described in subsection (19.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed amendments to the prescribed persons and public bodies mentioned in clause (17) (a).

Transition

(19.4.1) For greater certainty, subsection (19.4) does not apply with respect to alternative measures that are included in an official plan before the day subsection 18 (3) of the Smart Growth for Our Communities Act, 2015 comes into force.

(4) Subsection 17 (23) of the Act is repealed and the following substituted:

Notice

(23) The council shall ensure that written notice of the adoption of the plan is given in the prescribed manner, no later than 15 days after the day it was adopted,

(a) to the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of adoption;

(b) to each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and

Contents

(23.1) The notice under subsection (23) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (23.2) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(23.2) Clause (23.1) (a) applies to,

(a) any written submissions relating to the plan that were made to the council before its decision; and

(b) any oral submissions relating to the plan that were made at a public meeting.

(5) Subsection 17 (24.2) of the Act is repealed and the following substituted:

No global appeal

(24.2) Despite subsection (24), in the case of a new official plan there is no appeal in respect of all of the decision of council to adopt all of the plan.

Same

(24.3) For greater certainty, subsection (24.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (24).

No appeal re certain matters

(24.4) Despite subsection (24), there is no appeal in respect of a part of an official plan that is described in subsection (24.5).

Same

(24.5) Subsections (24.4) and (36.4) apply to a part of an official plan that,

(a) identifies an area as being within the boundary of,

(i) a vulnerable area as defined in subsection 2 (1) of the Clean Water Act, 2006,

(ii) the Lake Simcoe watershed as defined in section 2 of the Lake Simcoe Protection Act, 2008,

(iii) the Greenbelt Area or Protected Countryside as defined in subsection 1 (1) of the Greenbelt Act, 2005, or within the boundary of a specialty crop area designated by the Greenbelt Plan established under that Act, or

(iv) the Oak Ridges Moraine Conservation Plan Area as defined in subsection 3 (1) of the Oak Ridges Moraine Conservation Plan established under the Oak Ridges Moraine Conservation Act, 2001;

(b) identifies forecasted population and employment growth as set out in a growth plan that,

(i) is approved under the Places to Grow Act, 2005, and

(ii) applies to the Greater Golden Horseshoe growth plan area designated in Ontario Regulation 416/05 (Growth Plan Areas) made under that Act;

(c) in the case of the official plan of a lower-tier municipality in the Greater Golden Horseshoe growth plan area mentioned in subclause (b) (ii), identifies forecasted population and employment growth as allocated to the lower-tier municipality in the upper-tier municipality's official plan, but only if the upper-tier municipality's plan has been approved by the Minister; or

(d) in the case of the official plan of a lower-tier municipality, identifies the boundary of an area of settlement to reflect the boundary set out in the upper-tier municipality's official plan, but only if the upper-tier municipality's plan has been approved by the Minister.

(6) Clause 17 (25) (a) of the Act is amended by striking out "if the notice does not apply to all of the plan" at the end.

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

Same

(25.1) If the appellant intends to argue that the appealed decision is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan, the notice of appeal must also explain how the decision is inconsistent with, fails to conform with or conflicts with the other document.

(8) Subsection 17 (26) of the Act is amended,

(a) by striking out "(24) and (36)" in the portion before clause (a) and substituting "(24), (36) and (41.1)"; and

(b) by adding the following clause:

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

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

Use of dispute resolution techniques

(26.1) When a notice of appeal is filed under subsection (24), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(26.2) If the council decides to act under subsection (26.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council considers appropriate,

(ii) in the case of a request to amend the plan, the person or public body that made the request,

(iii) the Minister,

(iv) the appropriate approval authority, and

(v) any other persons or public bodies that the council considers appropriate.

Extension of time

(26.3) When the council gives a notice under clause (26.2) (a), the 15-day period mentioned in clauses (29) (b) and (c) and subsections (29.1) and (29.2) is extended to 75 days.

Participation voluntary

(26.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (26.2) (b) is voluntary.

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

Exception, non-conforming lower-tier plan

(34.1) Despite subsection (34), an approval authority shall not approve any part of a lower-tier municipality's plan if the plan or any part of it does not, in the approval authority's opinion, conform with,

(a) the upper-tier municipality's official plan;

(b) a new official plan of the upper-tier municipality that was adopted before the 180th day after the lower-tier municipality adopted its plan, but is not yet in effect; or

(c) a revision of the upper-tier municipality's official plan that was adopted in accordance with section 26, before the 180th day after the lower-tier municipality adopted its plan, but is not yet in effect.

No restriction

(34.2) Nothing in subsection (34.1) derogates from an approval authority's ability to modify a lower-tier municipality's plan and approve it as modified if the modifications remove any non-conformity described in that subsection.

(11) Subsection 17 (35) of the Act is repealed and the following substituted:

Notice

(35) If the approval authority makes a decision under subsection (34), it shall ensure that written notice of its decision is given in the prescribed manner to,

(a) the council or planning board that adopted the plan;

(b) each person or public body that made a written request to be notified of the decision;

(d) any other person or public body that is prescribed.

Contents

(35.1) The notice under subsection (35) shall contain,

(a) a brief explanation of the effect, if any, that the written submissions mentioned in subsection (35.2) had on the decision; and

(b) any other information that is prescribed.

Written submissions

(35.2) Clause (35.1) (a) applies to any written submissions relating to the plan that were made to the approval authority before its decision.

Exception

(35.3) If the notice under subsection (35) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (35.1) (a) is not required.

(12) Subsection 17 (36.2) of the Act is repealed and the following substituted:

No global appeal

(36.2) Despite subsection (36), in the case of a new official plan there is no appeal in respect of all of the decision of the approval authority to approve all of the plan, with or without modifications.

Same

(36.3) For greater certainty, subsection (36.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (36).

No appeal re certain matters

(36.4) Despite subsection (36), there is no appeal in respect of a part of an official plan that is described in subsection (24.5).

(13) Clause 17 (37) (a) of the Act is amended by striking out "unless the notice applies to all of the plan" at the end.

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

Same

(37.1) If the appellant intends to argue that the appealed decision is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan, the notice of appeal must also explain how the decision is inconsistent with, fails to conform with or conflicts with the other document.

Use of dispute resolution techniques

(37.2) When a notice of appeal is filed under subsection (36), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(37.3) If the approval authority decides to act under subsection (37.2),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants;

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the approval authority considers appropriate,

(ii) in the case of a request to amend the plan, the person or public body that made the request,

(iii) the Minister,

(iv) the municipality that adopted the plan, and

(v) any other persons or public bodies that the approval authority considers appropriate.

Extension of time

(37.4) When the approval authority gives a notice under clause (37.3) (a), the 15-day period mentioned in clause (42) (b) and subsections (42.1) and (42.2) is extended to 75 days.

Participation voluntary

(37.5) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (37.3) (b) is voluntary.

(15) Subsection 17 (40) of the Act is repealed and the following substituted:

Appeal to O.M.B.

(40) If the approval authority fails to give notice of a decision in respect of all or part of a plan within 180 days after the day the plan is received by the approval authority, or within the longer period determined under subsection (40.1), any person or public body may appeal to the Municipal Board with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority, subject to subsection (41.1).

Extension of time for appeal

(40.1) The 180-day period referred to in subsection (40) may be extended in accordance with the following rules:

1. In the case of an amendment requested under section 22, the person or public body that made the request may extend the period for up to 90 days by written notice to the approval authority.

2. In all other cases, the municipality may extend the period for up to 90 days by written notice to the approval authority.

3. The approval authority may extend the period for up to 90 days by written notice to the person or public body or to the municipality, as the case may be.

4. The notice must be given before the expiry of the 180-day period.

5. Only one extension is permitted. If both sides give a notice extending the period, the notice that is given first governs.

6. The person, public body, municipality or approval authority that gave or received a notice extending the period may terminate the extension at any time by another written notice.

7. No notice of an extension or of the termination of an extension need be given to any other person or entity.

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

Exception, non-conforming lower-tier plan

(40.2) Despite subsection (40), there is no appeal with respect to any part of the plan of a lower-tier municipality if, within 180 days after receiving the plan, the approval authority states that the plan or any part of it does not, in the approval authority's opinion, conform with,

(a) the upper-tier municipality's official plan;

(b) a new official plan of the upper-tier municipality that was adopted before the 180th day after the lower-tier municipality adopted its plan, but is not yet in effect; or

No review

(40.3) The approval authority's opinion mentioned in subsection (40.2) is not subject to review by the Municipal Board.

Time for appeal

(40.4) If the approval authority states an opinion as described in subsection (40.2), the 180-day period mentioned in subsection (40) does not begin to run until the approval authority confirms that the non-conformity is resolved.

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

Notice limiting appeal period

(41.1) At any time after receiving a notice of appeal under subsection (40), an approval authority may give the persons and public bodies listed in clauses (35) (a) to (d) a written notice, relating to the relevant plan and including the prescribed information; after the day that is 20 days after the day the giving of the notice is completed, no person or public body is entitled to appeal under subsection (40) with respect to the relevant plan.

(18) Subsection 17 (42.3) of the Act is amended by striking out "15 days after the last day for filing a notice of appeal" and substituting "15 days after the first notice of appeal under subsection (40) was filed".

(19) Subsection 17 (45) of the Act is amended by adding the following clause:

(c.1) the appellant intends to argue a matter mentioned in subsection (25.1) or (37.1) but has not provided the explanations required by that subsection;

19. Subsection 18 (3) of the Act is amended by striking out "subsections 17 (23), (32), (33) and (34)" at the end and substituting "subsections 17 (23), (32) and (33)".

20. (1) Subsection 21 (1) of the Act is amended by striking out "Except as hereinafter provided" at the beginning and substituting "Except as hereinafter provided and except where the context requires otherwise".

(2) Section 21 of the Act is amended by adding the following subsection:

Exception

(2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality's official plan only if it is a revision that is adopted in accordance with section 26.

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

Two-year period, no request for amendment

(2.1) No person or public body shall request an amendment to a new official plan before the second anniversary of the first day any part of the plan comes into effect.

(2) Section 22 of the Act is amended by adding the following subsection:

Exception

(2.2) Subsection (2.1) does not apply in respect of a request if the council has declared by resolution that such a request is permitted, which resolution may be made in respect of a specific request, a class of requests or in respect of such requests generally.

(3) Subsection 22 (6.4) of the Act is amended by striking out "advises the clerk" in the portion before clause (a) and substituting "advises the clerk of the municipality or the secretary-treasurer of the planning board".

(4) Subsection 22 (6.6) of the Act is repealed and the following substituted:

Notice of refusal

(6.6) A council or planning board that refuses a request to amend its official plan shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal,

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

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

(d) to any prescribed person or public body.

Contents

(6.7) The notice under subsection (6.6) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (6.8) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(6.8) Clause (6.7) (a) applies to,

(a) any written submissions relating to the request that were made to the council or planning board before its decision; and

(b) any oral submissions relating to the request that were made at a public meeting.

(5) Section 22 of the Act is amended by adding the following subsection:

When giving of notice deemed completed

(7.0.4) For the purposes of subsection (7.0.3), the giving of written notice shall be deemed to be completed,

(a) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

(b) where notice is given by personal service, on the day that the serving of all required notices is completed;

(d) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.

(6) Section 22 of the Act is amended by adding the following subsections:

Use of dispute resolution techniques

(8.1) If an appeal under subsection (7) is brought in accordance with paragraph 3 or 4 of subsection (7.0.2), the council or planning board may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(8.2) If the council or planning board decides to act under subsection (8.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council or planning board considers appropriate,

(ii) the person or public body that made the request to amend the plan,

(iii) the Minister,

(iv) the appropriate approval authority, and

(v) any other persons or public bodies that the council or planning board considers appropriate.

Extension of time

(8.3) When the council or planning board gives a notice under clause (8.2) (a), the 15-day period mentioned in subclauses (9) (b) (ii) and (9) (c) (ii), in clauses (9.1) (b) and (9.1.1) (c) and in subsection (9.3) is extended to 75 days.

Participation voluntary

(8.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (8.2) (b) is voluntary.

(7) Subsection 22 (9) of the Act is repealed and the following substituted:

Record

(9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that,

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

(b) the notice of appeal, the record and the fee are forwarded to the Municipal Board,

(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,

(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal;

(c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval,

(i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed,

(ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; and

(d) such other information or material as the Municipal Board may require in respect of the appeal is forwarded to the Board.

(8) Subsection 22 (9.1) of the Act is repealed and the following substituted:

Exception

(9.1) Clauses (9) (b) and (d) do not apply,

(a) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed;

(b) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal.

Same

(9.1.1) Clause (9) (c) does not apply,

(a) if the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records;

(b) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed;

(c) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal.

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

Interpretation of transitional provisions

22.1 A reference, in any Act or regulation, to the day on which a request for an official plan amendment is received shall be read as a reference to the day on which the council or planning board receives the information and material required under subsections 22 (4) and (5), if any, and any fee under section 69.

23. (1) Subsection 23 (1) of the Act is repealed and the following substituted:

Matter of provincial interest affected by official plan

(1) If the Minister is of the opinion that a matter of provincial interest as set out in a policy statement issued under subsection 3 (1) is, or is likely to be, affected by an official plan, the Minister may,

(a) advise the council of the municipality that adopted the plan about the issue; and

(b) invite the council to submit, within the time specified by the Minister, proposals for resolving the issue.

Power to amend plan

(1.1) If the council fails to submit proposals to resolve the issue within the specified time, or if, after consultation with the Minister on the proposals, the issue cannot be resolved and the Minister so advises the council, the Minister may by order amend the plan so that it is no longer likely to affect the matter of provincial interest.

Effect of order

(1.2) The Minister's order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority.

(2) Section 23 of the Act is amended by adding the following subsection:

Non-application of Legislation Act, 2006, Part III

(7) The following are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006:

1. An order made by the Minister under subsection (1.1) or pursuant to the Lieutenant Governor in Council's direction under subsection (6).

2. An order made by the Lieutenant Governor in Council under subsection (6).

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

Updating official plan

(1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, in accordance with subsection (1.1), revise the official plan as required to ensure that it,

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

(b) has regard to the matters of provincial interest listed in section 2; and

Same

(1.1) The council shall revise the plan no less frequently than,

(a) 10 years after it comes into effect as a new official plan; and

(b) every five years thereafter, unless the plan has been replaced by another new official plan.

Same

(1.2) For the purposes of establishing the 10-year and five-year periods mentioned in subsection (1.1), a plan is considered to have come into effect even if there are outstanding appeals relating to those parts of the plan that propose to specifically designate land uses.

(2) Subsection 26 (2) of the Act is repealed and the following substituted:

Municipal discretion to combine

(2) For greater certainty,

(a) the council has discretion to combine a provincial plan conformity exercise with a revision under subsection (1); and

(b) if the council exercises the discretion described in clause (a), it must comply with clauses (1) (a), (b) and (c) and with all the procedural requirements of this section, in connection both with the revision and with the provincial plan conformity exercise.

Provincial plan conformity exercise

(2.1) For the purposes of subsection (2), a provincial plan conformity exercise is the process whereby the council amends the official plan, in accordance with another Act, to conform with a provincial plan.

(3) Subsection 26 (7) of the Act is amended by striking out "subclauses (1) (a) (i), (ii) and (iii)" at the end and substituting "clauses (1) (a), (b) and (c)".

25. Clause 28 (3) (a) of the Act is repealed and the following substituted:

(a) acquire land within the community improvement project area;

26. (1) Section 34 of the Act is amended by adding the following subsection:

Two-year period, no application for amendment

(10.0.0.1) If the council carries out the requirements of subsection 26 (9) by simultaneously repealing and replacing all the zoning by-laws in effect in the municipality, no person or public body shall submit an application for an amendment to any of the by-laws before the second anniversary of the day on which the council repeals and replaces them.

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

Exception

(10.0.0.2) Subsection (10.0.0.1) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally.

(3) Subsection 34 (10.9) of the Act is repealed and the following substituted:

Notice of refusal

(10.9) When a council refuses an application to amend its by-law, it shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal,

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

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

Contents

(10.10) The notice under subsection (10.9) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (10.11) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(10.11) Clause (10.10) (a) applies to,

(a) any written submissions relating to the application that were made to the council before its decision; and

(b) any oral submissions relating to the application that were made at a public meeting.

(4) Subsection 34 (11) of the Act is amended by striking out "by filing a notice of appeal with the clerk of the municipality" in the portion before paragraph 1 and substituting "by filing with the clerk of the municipality a notice of appeal, accompanied by the fee prescribed under the Ontario Municipal Board Act".

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

Use of dispute resolution techniques

(11.0.0.1) If an application for an amendment is refused as described in subsection (11) and a notice of appeal is filed under that subsection, the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(11.0.0.2) If the council decides to act under subsection (11.0.0.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the council considers appropriate.

Extension of time

(11.0.0.3) When the council gives a notice under clause (11.0.0.2) (a), the 15-day period mentioned in clause (23) (b) is extended to 75 days.

Participation voluntary

(11.0.0.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (11.0.0.2) (b) is voluntary.

(6) Subsections 34 (14.3) and (14.4) of the Act are repealed and the following substituted:

Alternative measures

(14.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed zoning by-laws, and if the measures are complied with, clause (10.7) (a) and subsections (12) to (14.2) do not apply to the proposed by-laws, but subsection (14.6) does apply.

Same

(14.4) In the course of preparing the official plan, before including alternative measures described in subsection (14.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed by-laws to the prescribed persons and public bodies mentioned in clause (13) (a).

Transition

(14.4.1) For greater certainty, subsection (14.4) does not apply with respect to alternative measures that were included in an official plan before the day subsection 26 (6) of the Smart Growth for Our Communities Act, 2015 comes into force.

(7) The English version of subsection 34 (14.6) of the Act is amended by striking out "securing" and substituting "obtaining".

(8) Subsection 34 (18) of the Act is repealed and the following substituted:

Notice of passing of by-law

(18) If the council passes a by-law under this section, except a by-law passed pursuant to an order of the Municipal Board made under subsection (11.0.2) or (26), the council shall ensure that written notice of the passing of the by-law is given in the prescribed manner, no later than 15 days after the day the by-law is passed,

(a) to the person or public body that made the application, if any;

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

Contents

(18.1) The notice under subsection (18) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.2) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(18.2) Clause (18.1) (a) applies to,

(a) any written submissions relating to the by-law that were made to the council before its decision; and

(b) any oral submissions relating to the by-law that were made at a public meeting.

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

Same

(19.0.1) If the appellant intends to argue that the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the notice of appeal must also explain how the by-law is inconsistent with, fails to conform with or conflicts with the other document.

(10) Subsection 34 (20) of the Act is amended,

(a) by striking out "subsection (19)" in the portion before clause (a) and substituting "subsections (11.0.3) and (19)"; and

(b) by adding the following clause:

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

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

Use of dispute resolution techniques

(20.1) When a notice of appeal is filed under subsection (19), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(20.2) If the council decides to act under subsection (20.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council considers appropriate,

(ii) the applicant, if there is an applicant who is not an appellant, and

(iii) any other persons or public bodies that the council considers appropriate.

Extension of time

(20.3) When the council gives a notice under clause (20.2) (a), the 15-day period mentioned in clause (23) (b) and subsections (23.2) and (23.3) is extended to 75 days.

Participation voluntary

(20.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (20.2) (b) is voluntary.

(12) Clause 34 (23) (b) of the Act is repealed and the following substituted:

(b) the notice of appeal, record and fee are forwarded to the Municipal Board,

(i) 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, or

(ii) within 15 days after a notice of appeal is filed under subsection (11) with respect to refusal or neglect to make a decision; and

(13) Subsection 34 (25) of the Act is amended by adding the following clause:

(b.1) the appellant intends to argue a matter mentioned in subsection (19.0.1) but has not provided the explanations required by that subsection;

27. Section 37 of the Act is amended by adding the following subsections:

Special account

(5) All money received by the municipality under this section shall be paid into a special account and spent only for facilities, services and other matters specified in the by-law.

Investments

(6) The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor's annual report shall report on the activities and status of the account.

Treasurer's statement

(7) The treasurer of the municipality shall each year, on or before the date specified by the council, give the council a financial statement relating to the special account.

Requirements

(8) The statement shall include, for the preceding year,

(a) statements of the opening and closing balances of the special account and of the transactions relating to the account;

(b) statements identifying,

(i) any facilities, services or other matters specified in the by-law for which funds from the special account have been spent during the year,

(ii) details of the amounts spent, and

(iii) for each facility, service or other matter mentioned in subclause (i), the manner in which any capital cost not funded from the special account was or will be funded; and

Copy to Minister

(9) The treasurer shall give a copy of the statement to the Minister on request.

Statement available to public

(10) The council shall ensure that the statement is made available to the public.

28. (1) Section 42 of the Act is amended by adding the following subsection:

Definitions

(0.1) In this section,

"dwelling unit" means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; ("logement")

"effective date" means the day subsection 28 (1) of the Smart Growth for Our Communities Act, 2015 comes into force. ("date d'effet")

(2) Subsection 42 (2) of the Act is repealed.

(3) Section 42 of the Act is amended by adding the following subsections:

Parks plan

(4.1) Before adopting the official plan policies described in subsection (4), the local municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality.

Same

(4.2) In preparing the parks plan, the municipality,

(a) shall consult with every school board that has jurisdiction in the municipality; and

(b) may consult with any other persons or public bodies that the municipality considers appropriate.

Same

(4.3) For greater certainty, subsection (4.1) and clause (4.2) (a) do not apply with respect to official plan policies adopted before the effective date.

(4) Subsection 42 (6) of the Act is repealed and the following substituted:

Payment in lieu

(6) If a rate authorized by subsection (1) applies, the council may require a payment in lieu, to the value of the land otherwise required to be conveyed.

Same

(6.0.1) If a rate authorized by subsection (3) applies, the council may require a payment in lieu, calculated by using a rate of one hectare for each 500 dwelling units proposed or such lesser rate as may be specified in the by-law.

Deemed amendment of by-law

(6.0.2) If a by-law passed under this section requires a payment in lieu that exceeds the amount calculated under subsection (6.0.1), in circumstances where the alternative requirement set out in subsection (3) applies, the by-law is deemed to be amended to be consistent with subsection (6.0.1).

Transition

(6.0.3) If, on or before the effective date, in circumstances where the alternative requirement set out in subsection (3) applies, a payment in lieu has been made or arrangements for a payment in lieu that are satisfactory to the council have been made, subsections (6.0.1) and (6.0.2) do not apply.

(5) Subsection 42 (6.1) of the Act is amended by striking out "under subsection (6)" and substituting "under subsection (6) or (6.0.1)".

(6) Subsection 42 (6.2) of the Act is amended by striking out "under subsection (6)" and substituting "under subsection (6) or (6.0.1)".

(7) Paragraph 1 of subsection 42 (6.3) of the Act is amended by striking out "under subsection (6)" at the end and substituting "under subsection (6) or (6.0.1)".

(8) Subsection 42 (6.4) of the Act is amended by striking out "subsections (6) and (6.2)" and substituting "subsections (6), (6.0.1) and (6.2)".

(9) Subsection 42 (7) of the Act is amended by striking out "a payment of money in lieu of such conveyance" in the portion before clause (a) and substituting "a payment in lieu".

(10) Subsection 42 (15) of the Act is amended by striking out "under subsections (6) and (14)" and substituting "under subsections (6), (6.0.1) and (14)".

(11) Section 42 of the Act is amended by adding the following subsections:

Treasurer's statement

(17) The treasurer of the municipality shall each year, on or before the date specified by the council, give the council a financial statement relating to the special account.

Requirements

(18) The statement shall include, for the preceding year,

(a) statements of the opening and closing balances of the special account and of the transactions relating to the account;

(b) statements identifying,

(i) any land or machinery acquired during the year with funds from the special account,

(ii) any building erected, improved or repaired during the year with funds from the special account,

(iii) details of the amounts spent, and

(iv) for each asset mentioned in subclauses (i) and (ii), the manner in which any capital cost not funded from the special account was or will be funded; and

Copy to Minister

(19) The treasurer shall give a copy of the statement to the Minister on request.

Statement available to public

(20) The council shall ensure that the statement is made available to the public.

29. (1) Section 45 of the Act is amended by adding the following subsections:

Criteria

(1.0.1) The committee of adjustment shall authorize a minor variance under subsection (1) only if, in addition to satisfying the requirements of that subsection, the minor variance conforms with,

(a) the prescribed criteria, if any; and

(b) the criteria established by the local municipality by by-law, if any.

Same

(1.0.2) For the purposes of subsection (1.0.1), criteria that were not in force on the day the owner made the application do not apply.

Criteria by-law

(1.0.3) The council of a local municipality may, by by-law, establish criteria for the purposes of clause (1.0.1) (b) and the following provisions apply, with necessary modifications, in respect of the by-law:

1. Clause 34 (12) (a).

2. Subsections 34 (13), (14.1) to (15), (17) to (19.0.1), (20) to (20.4), (22) to (25.1) and (25.2) to (26).

Coming into force

(1.0.4) A by-law under subsection (1.0.3) comes into force,

(a) if no notice of appeal is filed in respect of the by-law and the time for filing appeals has expired, on the day after the last day of the time for filing appeals;

(b) if all appeals in respect of the by-law are withdrawn and the time for filing appeals has expired, on the day after the last day on which an appeal was withdrawn;

(c) if the Municipal Board dismisses all appeals and the time for filing appeals has expired, on the day after the last day on which an appeal was dismissed;

(d) if the Municipal Board allows an appeal in respect of the by-law and amends the by-law, on the day after the last day on which the Municipal Board makes a decision disposing of the appeal; or

(e) if the Municipal Board allows an appeal in respect of the by-law and directs the municipality to amend the by-law, on the day after the day the municipality passes the amending by-law.

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

When subs. (1.3) applies

(1.2) Subsection (1.3) applies when a by-law is amended in response to an application by the owner of any land, building or structure affected by the by-law, or in response to an application by a person authorized in writing by the owner.

Two-year period, no application for minor variance

(1.3) Subject to subsection (1.4), no person shall apply for a minor variance from the provisions of the by-law in respect of the land, building or structure before the second anniversary of the day on which the by-law was amended.

Exception

(1.4) Subsection (1.3) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally.

(3) Subsection 45 (8) of the Act is repealed and the following substituted:

Decision

(8) No decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application.

Same

(8.1) The decision of the committee, whether granting or refusing an application, shall be in writing, shall be signed by the members who concur in the decision and shall,

(a) set out the reasons for the decision; and

(b) contain a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (8.2) had on the decision.

Written and oral submissions

(8.2) Clause (8.1) (b) applies to,

(a) any written submissions relating to the application that were made to the committee before its decision; and

(b) any oral submissions relating to the application that were made at a hearing.

(4) Subsection 45 (13) of the Act is repealed and the following substituted:

Record

(13) On receiving a notice of appeal filed under subsection (12), the secretary-treasurer of the committee shall promptly forward to the Municipal Board, by registered mail,

(a) the notice of appeal;

(b) the amount of the fee mentioned in subsection (12);

(d) such other documents as may be required by the Board; and

(e) any other prescribed information and material.

30. (1) Clause 50 (3) (d) of the Act is amended by striking out "electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line" and substituting "electricity transmission line or hydrocarbon line".

(2) Clause 50 (3) (g) of the Act is amended by striking out "electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line" and substituting "electricity transmission line or hydrocarbon line".

(3) Subsection 50 (14) of the Act is amended by striking out "Condominium Act" and substituting "Condominium Act, 1998".

31. (1) Section 51 of the Act is amended by adding the following subsections:

Alternative measures

(19.3.1) Subject to subsection (19.3.3), if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed plans of subdivision and if the measures are complied with, clause (19.4) (a) and subsections (20) and (21) do not apply.

Same

(19.3.2) In the course of preparing the official plan, before including alternative measures described in subsection (19.3.1), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed plans of subdivision to the prescribed persons and public bodies mentioned in clause (19.4) (a).

Restriction

(19.3.3) Subsection (19.3.1) applies only in the case of an application for approval that is made to an approval authority other than the Minister.

(2) Subsection 51 (35.1) of the Act is amended by striking out "after the last day for filing a notice of appeal" and substituting "after the first notice of appeal is filed".

(3) Subsection 51 (35.2) of the Act is amended by striking out "after the last day for filing a notice of appeal" and substituting "after the first notice of appeal is filed".

(4) Subsection 51 (37) of the Act is repealed and the following substituted:

Notice

(37) If the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it in the prescribed manner to,

(a) the applicant;

(b) each person or public body that made a written request to be notified of the decision;

(d) any other person or public body that is prescribed.

Contents

(38) The notice under subsection (37) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (38.1) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(38.1) Clause (38) (a) applies to,

(a) any written submissions relating to the draft plan of subdivision that were made to the approval authority before its decision; and

(b) any oral submissions relating to the draft plan of subdivision that were made at a public meeting.

Exception

(38.2) If the notice under subsection (37) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (38) (a) is not required.

(5) Subsection 51 (40) of the Act is amended by adding the following clause:

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

(6) Subsection 51 (45) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Notice

(45) If the approval authority changes the conditions to the approval of a plan of subdivision under subsection (44) after notice has been given under subsection (37), the approval authority shall, within 15 days of its decision, give written notice of the changes in the prescribed manner and containing the information prescribed to,

. . . . .

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

Use of dispute resolution techniques

(49.1) When a notice of appeal is filed under subsection (39), (43) or (48), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(49.2) If the approval authority decides to act under subsection (49.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the approval authority considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the approval authority considers appropriate.

Extension of time

(49.3) When the approval authority gives a notice under clause (49.2) (a), the 15-day period mentioned in clause (50) (b) and subsections (50.1) and (50.2) is extended to 75 days.

Participation voluntary

(49.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (49.2) (b) is voluntary.

32. (1) Section 51.1 of the Act is amended by adding the following subsections:

Definitions

(0.1) In this section,

"dwelling unit" means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; ("logement")

"effective date" means the day subsection 32 (1) of the Smart Growth for Our Communities Act, 2015 comes into force. ("date d'effet")

. . . . .

Parks plan

(2.1) Before adopting the official plan policies described in subsection (2), the municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality.

Same

(2.2) In preparing the parks plan, the municipality,

(a) shall consult with every school board that has jurisdiction in the municipality; and

(b) may consult with any other persons or public bodies that the municipality considers appropriate.

Same

(2.3) For greater certainty, subsection (2.1) and clause (2.2) (a) do not apply with respect to official plan policies adopted before the effective date.

(2) Subsection 51.1 (3) of the Act is repealed and the following substituted:

Payment in lieu

(3) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) does not apply, the municipality may require a payment in lieu, to the value of the land otherwise required to be conveyed.

Same

(3.1) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, the municipality may require a payment in lieu, calculated by using a rate of one hectare for each 500 dwelling units proposed or such lesser rate as may be determined by the municipality.

Transition

(3.2) If the draft plan of subdivision is approved on or before the effective date, the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies,

(a) subsection (3.1) does not apply; and

(b) subsection (3), as it reads on the day before the effective date, continues to apply.

(3) Subsection 51.1 (4) of the Act is amended by striking out "under subsection (3)" and substituting "under subsection (3) or (3.1)".

(4) Subsection 51.1 (5) of the Act is amended by striking out "42 (2), (5) and (12) to (16)" and substituting "42 (5) and (12) to (20)".

33. (1) Section 53 of the Act is amended by adding the following subsections:

Alternative measures

(4.3) In the case of an application for consent that is made to a council, if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of applications for consent and if the measures are complied with,

(a) subsection (5) does not apply; and

(b) subsections (6) and (7) do not apply with respect to notice of the application.

Same

(4.4) Subsection (4.3) also applies in the case of a council or planning board to which the Minister has delegated authority under section 4.

Same

(4.5) In the course of preparing the official plan, before including alternative measures described in subsection (4.3), the council shall consider whether it would be desirable for the measures to allow for notice of the application for consent to the prescribed persons and public bodies mentioned in clause (5) (a).

(2) Subsection 53 (13) of the Act is amended by striking out "the payment of money to the value of the land in lieu of the conveyance" and substituting "a payment in lieu".

(3) Subsection 53 (16.1) of the Act is amended by striking out "after the last day for filing a notice of appeal" and substituting "after the first notice of appeal is filed".

(4) Subsection 53 (16.2) of the Act is amended by striking out "after the last day for filing a notice of appeal" and substituting "after the first notice of appeal is filed".

(5) Subsection 53 (17) of the Act is repealed and the following substituted:

Notice of decision

(17) If the council or the Minister gives or refuses to give a provisional consent, the council or the Minister shall ensure that written notice of it is given in the prescribed manner within 15 days to,

(a) the applicant;

(b) each person or public body that made a written request to be notified of the decision or conditions;

(c) the Minister, with respect to a decision by a council to give a provisional consent, if the Minister has notified the council that he or she wishes to receive a copy of all decisions made to give a provisional consent; and

(d) any other person or public body that is prescribed.

Contents

(18) The notice under subsection (17) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.1) had on the decision; and

(b) the prescribed information.

Written and oral submissions

(18.1) Clause (18) (a) applies to,

(a) any written submissions relating to the provisional consent that were made to the council before its decision; and

(b) any oral submissions relating to the provisional consent that were made at a public meeting.

Exception

(18.2) If the notice under subsection (17) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (18) (a) is not required.

(6) Subsection 53 (20) of the Act is amended by adding the following clause:

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

(7) Subsection 53 (24) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Notice

(24) If the council or the Minister changes conditions of a provisional consent under subsection (23) after notice has been given under subsection (17), the council or the Minister shall, within 15 days of the decision, give written notice of the changes in the prescribed manner and containing the information prescribed to,

. . . . .

(8) Section 53 of the Act is amended by adding the following subsections:

Use of dispute resolution techniques

(27.1) When a notice of appeal is filed under subsection (19) or (27), the council or the Minister may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(27.2) If the council or the Minister decides to act under subsection (27.1),

(a) the council or Minister shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) the council or Minister shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council or Minister considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the council or Minister considers appropriate.

Extension of time

(27.3) When the council or Minister gives a notice under clause (27.2) (a), the 15-day period mentioned in clause (28) (b) and in subsections (29.1) and (29.2) is extended to 75 days.

Participation voluntary

(27.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (27.2) (b) is voluntary.

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

(a) prescribing criteria for the purposes of subsection 45 (1.0.1);

35. (1) Paragraph 15 of subsection 70.1 (1) of the Act is amended by striking out "clause 16 (1) (b)" and substituting "clause 16 (1) (c)".

(2) Subsection 70.1 (1) of the Act is amended by adding the following paragraphs:

24.1 prescribing information for the purposes of clause 37 (8) (c);

24.2 prescribing information for the purposes of clause 42 (18) (c);

36. (1) The French version of clause 70.2 (2) (q) of the Act is amended by striking out "système de délivrance des permis d'exploitation" at the end and substituting "système de délivrance de permis d'exploitation".

(2) Section 70.2 of the Act is amended by adding the following subsection:

Same, five-year period

(2.1) A regulation under subsection (1) may,

(a) provide that when a by-law adopting or establishing a development permit system is passed, no person or public body shall apply to amend the relevant official plan with respect to policies prescribed under clause (2) (f) before the fifth anniversary of the day the by-law is passed;

(b) provide that no person or public body shall apply to amend a by-law adopting or establishing a development permit system before the fifth anniversary of the day the by-law is passed;

(c) provide that a prohibition provided under clause (a) or (b) does not apply in respect of an application if the council has declared by resolution that such an application is permitted.

37. The Act is amended by adding the following sections:

Use of alternate terminology

70.2.1 (1) A regulation made under subsection 70.2 (1), an order made under section 70.2.2 or a by-law passed under section 70.2 or 70.2.2 may refer to development permits as community planning permits.

Same

(2) When a regulation, order or by-law refers to development permits as community planning permits, as described in subsection (1),

(a) the effect of the regulation, order or by-law is the same for all purposes as if the expression "development permit" were used; and

(b) a permit that is referred to as a community planning permit is a development permit for all purposes.

Same

(3) Subsections (1) and (2) also apply with respect to combined expressions such as "development permit system" and "development permit by-law".

Orders and by-laws re development permit system

Orders

70.2.2 (1) The Minister may, by order,

(a) require a local municipality to adopt or establish a development permit system for one or more purposes specified under subsection (5); or

(b) require an upper-tier municipality to act under subsection (3).

Non-application of Legislation Act, 2006, Part III

(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).

By-laws

(3) An upper-tier municipality may, by by-law, require a local municipality that is its lower-tier municipality to adopt or establish a development permit system for one or more purposes specified under subsection (5).

Effect of order or by-law

(4) When an order made under subsection (1) or a by-law passed under subsection (3) is in effect, the local municipality,

(a) shall adopt or establish a development permit system; and

(b) has discretion to determine what parts of its geographic area are to be governed by the development permit system.

Regulations

(5) The Lieutenant Governor in Council may, by regulation, specify purposes in respect of which orders and by-laws requiring the adoption or establishment of development permit systems may be made under subsections (1) and (3).

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

Regulations re transitional matters, 2015 amendments

70.6 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date.

Same

(2) A regulation under subsection (1) 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 that subsection, deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation.

Conflict

(3) A regulation under subsection (1) prevails over any provision of this Act specifically mentioned in the regulation.

Definition

(4) In this section,

"effective date" means the date on which section 38 of the Smart Growth for Our Communities Act, 2015 comes into force.

Commencement and Short Title

Commencement

39. (1) Subject to subsections (2) and (3), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(2) Subsection 11 (2) and sections 14, 15 and 22 come into force on the day this Act receives Royal Assent.

Same

(3) Subsection 18 (2) comes into force on the day that is 121 days after the day subsection 18 (1) comes into force.

Short title

40. The short title of this Act is the Smart Growth for Our Communities Act, 2015.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 73 and does not form part of the law. Bill 73 has been enacted as Chapter 26 of the Statutes of Ontario, 2015.

The Bill amends the Development Charges Act, 1997 and the Planning Act.

Some of the amendments to the Development Charges Act, 1997 are:

1. Subsection 2 (4), which deals with ineligible services, is rewritten to identify these in the regulations (rather than partly in the Act and partly in regulations, the current approach).

2. Regulations may be made to require municipal councils to use development charge by-laws only with respect to prescribed services and areas (new subsection 2 (9)) or to use different development charge by-laws for different parts of the municipality (new subsection 2 (11)).

3. Transit services are added to the list of services for which no reduction of capital costs is required in determining development charges (subsection 5 (5)).

4. New section 5.2 provides that services prescribed by the regulations would use a planned level of service rather than being subject to paragraph 4 of subsection 5 (1).

5. The requirements for development charge background studies are expanded to include consideration of the use of multiple development charge by-laws and preparation of an asset management plan (subsection 10 (2)). Development charge background studies must be made available to the public at least 60 days before the by-law is passed and until the by-law expires or is repealed (subsection 10 (4)).

6. If a development consists of one building that requires more than one building permit, the development charge is payable when the first permit is issued (new subsection 26 (1.1)).

7. The contents of the treasurer's financial statement under section 43 are expanded to include additional details on the use of funds as well as a statement as to compliance with new section 59.1.

8. New section 59.1 imposes restrictions on the use of charges related to development, gives the Minister power to investigate whether a municipality has complied with the restrictions and authorizes the Minister to require the municipality to pay the costs of the investigation.

Some of the amendments to the Planning Act are:

1. Section 2 currently requires the Minister, municipal councils, local planning boards and the Municipal Board to have regard to matters of provincial interest and lists examples of such matters. Added to the list is the promotion of built form that is well-designed, encourages a sense of place and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

2. Section 2.1 currently requires approval authorities and the Ontario Municipal Board, when they make decisions relating to planning matters, to "have regard to" decisions of municipal councils and approval authorities relating to the same planning matter, and to any supporting information and material they considered in making those decisions. The section is rewritten to impose a similar requirement when the Ontario Municipal Board deals with appeals resulting from the failure of a municipal council or approval authority to make a decision: the Board is required to "have regard to" the information and material that the municipal council or approval authority received in relation to the matter. Subsection 2.1 (3) clarifies that references to "information and material" include written and oral submissions from the public relating to the planning matter.

3. Policy statements under subsection 3 (1) are to be reviewed at 10-year rather than five-year intervals (subsection 3 (10)).

4. Section 8, which currently makes planning advisory committees optional for all municipalities, is rewritten to make them mandatory for upper-tier municipalities and for single-tier municipalities in southern Ontario (except the Township of Pelee). All planning advisory committees are required to have at least one member who is neither a councillor nor a municipal employee.

5. Currently, it is permitted but not mandatory to include, in official plans, descriptions of the measures and procedures for informing and obtaining the views of the public in respect of certain planning documents. Including such descriptions is made mandatory for a broader category of planning documents (subsections 16 (1) and (2)).

6. Alternative measures for informing and obtaining the views of the public are currently permitted in connection with proposed official plan amendments (subsection 17 (19.3)) and zoning by-laws (subsection 34 (14.3)). The Bill expands these provisions and also permits alternative measures in connection with plans of subdivision (subsection 51 (19.3.1)) and consents (subsection 53 (4.3)).

7. Various decision-makers are required to explain the effect of written and oral submissions on their decisions (subsections 17 (23.1) and (35.1), 22 (6.7), 34 (10.10) and (18.1), 45 (8.1), 51 (38), 53 (18)).

8. Global appeals of new official plans (appeals of the entire decision with respect to the entire plan) are not permitted (subsections 17 (24.2) and (36.2)). Appeals of official plans in connection with specified matters are likewise not permitted (subsections 17 (24.4), (24.5) and (36.4)).

9. Appellants who intend to argue that appealed decisions are inconsistent with provincial policy statements, provincial plans or upper-tier official plans must identify the issues in their notices of appeal (subsections 17 (25.1) and (37.1) and 34 (19.0.1)). If an appellant fails to do so, the Ontario Municipal Board may dismiss all or part of the appeal without a hearing (subsections 17 (45) and 34 (25)).

10. Decision-makers are permitted to use mediation, conciliation and other dispute resolution techniques in certain appeals. When a decision-maker gives notice of an intention to use dispute resolution techniques, the time for submitting the record to the Ontario Municipal Board is extended by 60 days (subsections 17 (26.1) to (26.4), 17 (37.2) to (37.5), 22 (8.1) to (8.4), 34 (11.0.0.1) to (11.0.0.4), 34 (20.1) to (20.4), 51 (49.1) to (49.4) and 53 (27.1) to (27.4)).

11. An approval authority shall not approve the new official plan of a lower-tier municipality under subsection 17 (34) if it does not conform with the upper-tier municipality's official plan. This also applies if the upper-tier municipality's official plan has been adopted but is not yet in effect, or if a revision of it has been adopted in accordance with section 26 but is not yet in effect. The same restriction affects approval of lower-tier municipalities' revisions of their official plans under section 26. If the approval authority states that the lower-tier municipality's plan does not conform, appeals under subsection 17 (40) of the approval authority's failure to give notice of a decision are not available until the non-conformity is addressed (subsections 17 (34.1) and (34.2), 17 (40.2) to (40.4) and 21 (2)).

12. Currently, subsection 17 (40) allows any person or public body to appeal an approval authority's failure to give notice of a decision in respect of an official plan within 180 days after receiving the plan. New subsection 17 (40.1) deals with extensions of the 180-day period.

13. At any time after receiving a notice of appeal under subsection 17 (40), the approval authority may give a notice that has the effect of requiring other potential appellants who wish to appeal to do so within 20 days after the date of the notice (subsection 17 (41.1)).

14. During the two-year period following the adoption of a new official plan or the global replacement of a municipality's zoning by-laws, applications for amendment are permitted only with council approval. The council may permit a specific request, a class of requests or requests generally (subsections 22 (2.1) and (2.2) and 34 (10.0.0.1) and (10.0.0.2)). The same rules apply to applications for minor variances following an owner-initiated site-specific rezoning (subsections 45 (1.3) and (1.4)).

15. New section 22.1 deals with the interpretation of provisions, in any Act or regulation, that refer to the day on which requests for official plan amendments are received.

16. Currently, subsection 26 (1) requires a municipality to revise its official plan at five-year intervals, to ensure that it aligns with provincial plans and policy statements and has regard to matters of provincial interest. The revision schedule is adjusted to require revision 10 years after the plan comes into force and at five-year intervals thereafter. An existing requirement to revise the plan in relation to policies dealing with areas of employment is removed.

17. Section 37 is amended to require that money collected under the section be kept in a special account, about which the treasurer is required to make an annual financial statement.

18. Before a municipality adopts official plan policies allowing it to pass by-laws under subsection 42 (3) (parkland, alternative requirement), it must have a parks plan that examines the need for parkland in the municipality. Cash-in-lieu collected under the alternative requirement is currently limited to the value of one hectare of land for each 300 dwelling units proposed; the new limit is one hectare per 500 dwelling units (subsection 42 (6.0.1)). New subsections 42 (17) and (18) require the treasurer to make an annual financial statement about the special account established under subsection 42 (15).

19. When committees of adjustment make decisions about minor variances, they are required to apply prescribed criteria and criteria established by the local municipality by by-law (subsection 45 (1.0.1)), as well as the matters set out in subsection 45 (1).

20. Changes similar to the ones affecting section 42 are made to section 51.1, which deals with parkland conveyances and cash-in-lieu in the context of subdivision approval.

21. Subsection 70.2 (1) currently authorizes the Lieutenant Governor in Council to make regulations establishing a "development permit system" that local municipalities may adopt, or delegating to local municipalities the power to establish such a system. New subsection 70.2 (2.1) authorizes the Lieutenant Governor in Council to make regulations preventing applications for amendments to new development permit by-laws, and to the related official plan provisions, during an initial five-year period, but also to make regulations allowing such applications if the municipal council passes a resolution to that effect.

22. New section 70.2.1 provides that regulations made under section 70.2, orders made under section 70.2.2 and municipal by-laws made under both sections may refer to development permits as "community planning permits", without changing the legal effect. The same is true of combined expressions such as "development permit system" and "development permit by-law".

23. New section 70.2.2 authorizes the Minister to make an order requiring a local municipality to adopt a development permit system for prescribed purposes. It also authorizes upper-tier municipalities to make by-laws imposing similar requirements on their lower-tier municipalities, and authorizes the Minister to make an order requiring an upper-tier municipality to make such a by-law.

24. New section 70.6 authorizes the Minister to make regulations providing for transitional matters.

25. Various technical amendments are included.

[41] Bill 73 As Amended by Standing Committee (PDF)

Bill 73 2015

An Act to amend the Development Charges Act, 1997 and the Planning Act

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

Development Charges Act, 1997

1. Section 1 of the Development Charges Act, 1997 is amended by adding the following definitions:

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

2. (1) Clause 2 (2) (f) of the Act is amended by striking out "section 50 of the Condominium Act" and substituting "section 9 of the Condominium Act, 1998".

(2) Subsection 2 (4) of the Act is repealed and the following substituted:

Ineligible services

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

Area rating, prescribed areas and services

Transition

(10) Subsection (9) does not apply to a development charge by-law that was passed before the relevant area and the relevant service were prescribed for the purposes of that subsection.

Area rating, prescribed municipalities, services and criteria

(11) The following rules apply to a municipality that is prescribed for the purposes of this subsection:

1. With respect to a service that is prescribed for the purposes of this subsection, the council shall pass different development charge by-laws for different parts of the municipality.

2. The parts of the municipality to which different development charge by-laws are to apply shall be identified in accordance with the prescribed criteria.

Transition

(12) Subsection (11) does not apply to a development charge by-law that was passed before the municipality and the relevant service were prescribed for the purposes of that subsection.

3. Subsection 5 (5) of the Act is amended by adding the following paragraph:

7.2 Transit services other than the Toronto-York subway extension.

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

Prescribed services

Definition

5.2 (1) In this section,

"prescribed service" means a service that is prescribed for the purposes of this section.

Provision does not apply

(2) Paragraph 4 of subsection 5 (1) does not apply in determining the estimate for the increase in the need for a prescribed service.

Applicable restriction

Regulations

(4) The method of estimating the planned level of service for a prescribed service and the criteria to be used in doing so may be prescribed.

5. (1) Subsection 10 (2) of the Act is amended by striking out "and" at the end of clause (c) and by adding the following clauses:

(c.1) unless subsection 2 (9) or (11) applies, consideration of the use of more than one development charge by-law to reflect different needs for services in different areas;

(c.2) an asset management plan prepared in accordance with subsection (3); and

(2) Section 10 of the Act is amended by adding the following subsection:

Asset management plan

(3) The asset management plan shall,

(a) deal with all assets whose capital costs are proposed to be funded under the development charge by-law;

(b) demonstrate that all the assets mentioned in clause (a) are financially sustainable over their full life cycle;

(d) be prepared in the prescribed manner.

(3) Section 10 of the Act is amended by adding the following subsection:

Background study to be made available

6. Section 26 of the Act is amended by adding the following subsection:

Multiple building permits

(1.1) If a development consists of one building that requires more than one building permit, the development charge for the development is payable upon the first building permit being issued.

Multiple phases

7. (1) Subsection 43 (2) of the Act is repealed and the following substituted:

Requirements

(2) A statement must include, for the preceding year,

(a) statements of the opening and closing balances of the reserve funds and of the transactions relating to the funds;

(b) statements identifying,

(i) all assets whose capital costs were funded under a development charge by-law during the year,

(ii) for each asset mentioned in subclause (i), the manner in which any capital cost not funded under the by-law was or will be funded;

(d) any other information that is prescribed.

Statement available to public

(2.1) The council shall ensure that the statement is made available to the public.

(2) Subsection 43 (3) of the Act is amended by striking out "within 60 days after giving the statement to the council" at the end and substituting "on request".

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

No additional levies

Prescribed exceptions

(2) Subsection (1) does not apply with respect to,

(a) a prescribed class of developments;

(b) a prescribed class of services related to developments; or

Exception, transition

(3) Subsection (1) does not affect a charge that is imposed before the day section 8 of the Smart Growth for Our Communities Act, 2015 comes into force.

Power of investigation

(4) The Minister of Municipal Affairs and Housing may, at any time, investigate whether a municipality has complied with subsection (1).

Same

(5) For the purposes of an investigation under subsection (4), the Minister may,

(a) inquire into any or all of the municipality's affairs, financial and otherwise;

(b) require the production of any records and documents that may relate to the municipality's affairs;

(d) require any officer of the municipality and any other person to appear before the Minister and give evidence on oath about the municipality's affairs; and

(e) hold any hearings in respect of the municipality's affairs as the Minister considers necessary or expedient.

Application of Public Inquiries Act, 2009

(6) Section 33 of the Public Inquiries Act, 2009 applies to an investigation under subsection (4).

Cost of investigation

(7) The Minister may require the municipality to pay all or part of the cost of an investigation under subsection (4).

9. (1) Clauses 60 (1) (c) and (d) of the Act are repealed and the following substituted:

(d) prescribing areas, and prescribing services with respect to prescribed areas, for the purposes of subsection 2 (9);

(d.1) prescribing municipalities, services and criteria for the purposes of subsection 2 (11);

(2) Subsection 60 (1) of the Act is amended by adding the following clauses:

(m.3) prescribing a service, other than the Toronto-York subway extension, as a service for the purposes of section 5.2;

(m.4) prescribing the method and criteria to be used to estimate the planned level of service for a service that is prescribed for the purposes of section 5.2;

. . . . .

(o.1) prescribing information for the purposes of clause 10 (3) (c);

(o.2) prescribing the manner in which an asset management plan is to be prepared for the purposes of clause 10 (3) (d);

(3) Clause 60 (1) (t) of the Act is repealed and the following substituted:

(t) prescribing information for the purposes of clause 43 (2) (d);

(t.1) prescribing classes of developments and classes of services related to developments for the purposes of subsection 59.1 (2);

(t.2) prescribing Acts and provisions of Acts for the purposes of subsection 59.1 (2);

10. Section 63 of the Act is amended by adding the following subsection:

Interpretation

Planning Act

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

"payment in lieu" means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; ("paiement tenant lieu de cession")

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

(r) the promotion of built form that,

(i) is well-designed,

(ii) encourages a sense of place, and

(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

12. Section 2.1 of the Act is repealed and the following substituted:

Approval authorities and Municipal Board to have regard to certain matters

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

Same, Municipal Board

Same

(3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter.

13. Subsection 3 (10) of the Act is amended by striking out "five years" and substituting "10 years".

14. (1) Subsection 4 (1) of the Act is amended by striking out "including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board" at the end.

(2) Subsection 4 (2) of the Act is amended by striking out "including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board" at the end.

15. Section 8 of the Act is repealed and the following substituted:

Planning advisory committee

Mandatory for certain municipalities

Optional for other municipalities

Joint planning by agreement

Membership

Same

(5) Subsection (4) applies with respect to a joint planning advisory committee, with necessary modifications.

Remuneration

16. Subsections 16 (1) and (2) of the Act are 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~~ the social, economic, built and natural environment of the municipality or part of it, or an area that is without municipal organization;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of,

(i) proposed amendments to the official plan or proposed revisions of the plan,

(ii) proposed zoning by-laws,

(iii) proposed plans of subdivision, and

(iv) proposed consents under section 53; and

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 planning matters not mentioned in clause (1) (b); and

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

Time for provision of copy to Minister

(17.1) A copy of the current proposed plan or official plan amendment shall be submitted to the Minister at least 90 days before the municipality gives notice under subsection (17) if,

(a) the Minister is the approval authority in respect of the plan or amendment; and

(b) the plan or amendment is not exempt from approval.

Transition

(17.2) Subsection (17.1) does not apply if the notice is given within 120 days after subsection 17 (1) of the Smart Growth for Our Communities Act, 2015 comes into force.

(2) Subsection 17 (17.2) of the Act, as enacted by subsection (1), is repealed.

(3) Subsections 17 (19.3) and (19.4) of the Act are repealed and the following substituted:

Alternative measures

Same

Transition

(19.4.1) For greater certainty, subsection (19.4) does not apply with respect to alternative measures that are included in an official plan before the day subsection 17 (3) of the Smart Growth for Our Communities Act, 2015 comes into force.

(4) Subsection 17 (23) of the Act is repealed and the following substituted:

~~Notice~~

~~(23) The council shall ensure that written notice of the adoption of the plan is given, no later than 15 days after the day it was adopted,~~

Notice

(23) The council shall ensure that written notice of the adoption of the plan is given in the prescribed manner, no later than 15 days after the day it was adopted,

(b) to each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and

Contents

(23.1) The notice under subsection (23) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (23.2) had on the decision; and

(b) any other information that is prescribed.

Written and oral submissions

(23.2) Clause (23.1) (a) applies to,

(a) any written submissions relating to the plan that were made to the council before its decision; and

(b) any oral submissions relating to the plan that were made at a public meeting.

(5) Subsection 17 (24.2) of the Act is repealed and the following substituted:

No global appeal

(24.2) Despite subsection (24), in the case of a new official plan there is no appeal in respect of all of the decision of council to adopt all of the plan.

Same

(24.3) For greater certainty, subsection (24.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (24).

No appeal re certain matters

(24.4) Despite subsection (24), there is no appeal in respect of a part of an official plan that is described in subsection (24.5).

Same

(24.5) Subsections (24.4) and (36.4) apply to a part of an official plan that,

(a) identifies an area as being within the boundary of,

(i) a vulnerable area as defined in subsection 2 (1) of the Clean Water Act, 2006,

(ii) the Lake Simcoe watershed as defined in section 2 of the Lake Simcoe Protection Act, 2008,

(iv) the Oak Ridges Moraine Conservation Plan Area as defined in subsection 3 (1) of the Oak Ridges Moraine Conservation Plan established under the Oak Ridges Moraine Conservation Act, 2001;

(b) identifies forecasted population and employment growth as set out in a growth plan that,

(i) is approved under the Places to Grow Act, 2005, and

(ii) applies to the Greater Golden Horseshoe growth plan area designated in Ontario Regulation 416/05 (Growth Plan Areas) made under that Act;

(6) Clause 17 (25) (a) of the Act is amended by striking out "if the notice does not apply to all of the plan" at the end.

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

Same

(6.2) Subsection 17 (26) of the Act is amended,

(a) by striking out "(24) and (36)" in the portion before clause (a) and substituting "(24), (36) and (41.1)"; and

(b) by adding the following clause:

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

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

~~Same~~

~~. . . . .~~

Use of dispute resolution techniques

(26.1) When a notice of appeal is filed under subsection (24), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(26.2) If the council decides to act under subsection (26.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council considers appropriate,

(ii) in the case of a request to amend the plan, the person or public body that made the request,

(iii) the Minister,

(iv) the appropriate approval authority, and

(v) any other persons or public bodies that the council considers appropriate.

Extension of time

(26.3) When the council gives a notice under clause (26.2) (a), the 15-day period mentioned in clauses (29) (b) and (c) and subsections (29.1) and (29.2) is extended to 75 days.

Participation voluntary

(26.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (26.2) (b) is voluntary.

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

Exception, non-conforming lower-tier plan

(a) the upper-tier municipality's official plan;

(b) a new official plan of the upper-tier municipality that was adopted before the 180th day after the lower-tier municipality adopted its plan, but is not yet in effect; or

No restriction

(9) Subsection 17 (35) of the Act is repealed and the following substituted:

~~Notice~~

~~(35) If the approval authority makes a decision under subsection (34), it shall ensure that written notice of its decision is given to,~~

Notice

(35) If the approval authority makes a decision under subsection (34), it shall ensure that written notice of its decision is given in the prescribed manner to,

(a) the council or planning board that adopted the plan;

(b) each person or public body that made a written request to be notified of the decision;

(d) any other person or public body that is prescribed.

Contents

(35.1) The notice under subsection (35) shall contain,

(a) a brief explanation of the effect, if any, that the written submissions mentioned in subsection (35.2) had on the decision; and

(b) any other information that is prescribed.

Written submissions

(35.2) Clause (35.1) (a) applies to any written submissions relating to the plan that were made to the approval authority before its decision.

Exception

(10) Subsection 17 (36.2) of the Act is repealed and the following substituted:

No global appeal

Same

(36.3) For greater certainty, subsection (36.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (36).

No appeal re certain matters

(36.4) Despite subsection (36), there is no appeal in respect of a part of an official plan that is described in subsection (24.5).

(11) Clause 17 (37) (a) of the Act is amended by striking out "unless the notice applies to all of the plan" at the end.

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

Same

Use of dispute resolution techniques

(37.2) When a notice of appeal is filed under subsection (36), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.

Notice and invitation

(37.3) If the approval authority decides to act under subsection (37.2),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants;

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the approval authority considers appropriate,

(ii) in the case of a request to amend the plan, the person or public body that made the request,

(iii) the Minister,

(iv) the municipality that adopted the plan, and

(v) any other persons or public bodies that the approval authority considers appropriate.

Extension of time

(37.4) When the approval authority gives a notice under clause (37.3) (a), the 15-day period mentioned in clause (42) (b) and subsections (42.1) and (42.2) is extended to 75 days.

Participation voluntary

(37.5) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (37.3) (b) is voluntary.

(13) Subsection 17 (40) of the Act is repealed and the following substituted: