Respect for Municipalities Act (City of Toronto), 2016 DiNovo, Cheri — Bill 61 (41st Parliament, 2nd Session)

Bill 61, 41-2

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Bill 61, Respect for Municipalities Act (City of Toronto), 2016

DiNovo, Cheri

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Bill 61 2016

An Act respecting the

City of Toronto and the Ontario Municipal Board

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

City of Toronto Act, 2006

1. (1) Subsection

114 (5) of the City of Toronto Act, 2006 is amended

by striking out "or, where a referral has been made under subsection (15), the

Ontario Municipal Board" in the portion before paragraph 1.

(2) Subsections 114 (7) and (8) of the Act

are repealed.

(3) Subsections 114 (15) and (16) of the

Act are repealed.

(4) Section 114 of the Act is amended by

adding the following subsections:

Transition

re Ontario Municipal Board

(18) Subsections (7) and (8) continue to

apply with respect to a motion for directions if notice of the motion is given

before the day on which subsection (7) is repealed.

Same

(19) Subsections (15) and (16) continue to

apply with respect to particular plans or drawings and with respect to all or

part of any particular requirement made by the City if written notice about the

plans or drawings or written notice about the unsatisfactory requirement or the

unsatisfactory part of the requirement is given in accordance with subsection

(15) before the day on which that subsection is repealed.

2. (1) Subsection

115 (1) of the Act is repealed and the following substituted:

Appeal

bodies for land use planning matters

(1) The City may by by-law constitute and

appoint one or more appeal bodies for land use planning matters, composed of

such persons as the City considers advisable, subject to subsections (2), (3)

and (4).

(2) Subsection 115 (2) of the Act is

amended by striking out "the appeal body" in the portion before clause (

a) and

substituting "an appeal body".

(3) Subsection 115 (3) of the Act is

amended by striking out "the appeal body" and substituting "an appeal body".

(4) Subsection 115 (4) of the Act is

amended by striking out "the appeal body" in the portion before clause (

a) and

substituting "an appeal body".

(5) Subsections 115 (5) and (6) of the Act

are repealed and the following substituted:

Jurisdiction

of appeal body

(5) The City may by by-law empower an

appeal body to hear one or more of the following matters that, under the Condominium Act, 1998 , the Ontario

Heritage Act or the Planning Act , can be

heard or determined by the Ontario Municipal Board with respect to land use

planning in another municipality:

1. An

appeal or a motion for directions, as the case may be, under subsection 9

(2) of the Condominium Act, 1998 with respect to the

incorporation by reference of subsection 51 (34), (39) or (48) of the Planning Act .

2. An

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

3. An

appeal or a motion for directions, as the case may be, under any of the

following subsections of the Planning Act :

i. Re

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

ii. Re

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

iii. Re

community improvement plan: Subsection 28 (5), with respect to the

incorporation by reference of subsection 17 (24).

iv. Re

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

v. Re

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

vi. Re

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

vii. Re

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

viii. Re

conveyance of land for park or other recreational purposes: Subsection 42 (10)

or (11).

ix. Re

committee of adjustment: Subsection 45 (12).

x. Re

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

xi. Re

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

Same

(5.1) The City may by by-law empower an

appeal body to hear one or more of the following matters with respect to land

use planning:

1. An appeal of

a by-law made or proposed under a special Act conferring authority on the City

or a predecessor municipality, or an appeal of a decision made under such a

by-law.

2. Such other

matters as the City considers appropriate.

Right of appeal, etc.

(6) A

by-law that empowers an appeal body to hear an appeal or a motion must also

establish the right of one or more persons to bring such an appeal or to make

such a motion.

Powers and duties re appeal, etc.

(6.1) If

an appeal body is empowered to hear a matter described in subsection (5), the appeal

body has the same powers and duties with respect to the matter as those of the

Ontario Municipal Board under the Condominium Act, 1998 ,

the Ontario Heritage Act or the Planning Act , as the case may be, in relation to an

analogous matter under that Act.

Same

(6.2) If

an appeal body is empowered to hear a matter described in subsection (5.1), the

appeal body has the powers and duties set out in the by-law with respect to the

matter.

(6) Subsection 115 (7) of the Act is

amended by striking out "The appeal body" at the beginning and substituting "An

appeal body".

(7) Subsection 115 (8) of the Act is

amended by striking out "to the appeal body" and substituting "to an appeal

body".

(8) Subsection 115 (9) of the Act is

amended by striking out "from the appeal body" and substituting "from an appeal

body".

(9) Subsections 115 (9.1) to (22) of the

Act are repealed.

3. Clause

123 (

e) of the Act is repealed.

4. (1) Subsection

128 (3) of the Act is amended by striking out "specifying the last date for

filing a notice of appeal under subsection (4)" at the end.

(2) Subsections 128 (4), (5), (6) and

(7) of the Act are repealed.

(3) Subsection 128 (8) of the Act is

repealed and the following substituted:

Coming

into force of by-law

(8) The by-law comes into force on the day

the new city council is organized following,

(

a) the

first regular election after the by-law is passed if the by-law is passed

before January 1 in the year of the regular election; and

(

b) the

second regular election after the by-law is passed, in all other cases except

where the by-law is repealed by the Board.

5. Subsections

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

Condominium Act, 1998

Section

9 of the Condominium Act, 1998 is amended by adding

the following subsection:

Exception,

City of Toronto

(2.1) For greater certainty, subsections 51

(34), (39) and (48) of the Planning Act do not apply

with respect to a property that is located in the City of Toronto, except as

otherwise provided in

section 51 of that Act.

Consolidated Hearings Act

Section

2 of the Consolidated Hearings Act is amended by

adding the following subsection:

Exception,

City of Toronto

(2) For greater certainty, this Act does

not apply in respect of a matter under the Condominium

Act, 1998 , the Ontario Heritage Act or the Planning Act relating to an undertaking or activity in

the City of Toronto if an appeal body established by the City council under

section 115 of the City of Toronto Act, 2006 is

required or permitted to hold a hearing before a final decision about the

matter is made.

Development Charges Act, 1997

8. The

Development Charges Act, 1997 is amended by adding

the following section:

Exception,

City of Toronto

18.1

(1) Sections

10 to 18 do not apply with respect to a development charge by-law of the City

of Toronto.

Transition

(2) Despite subsection (1), sections 10 to

18 continue to apply with respect to a by-law if the written notice referred to

in subsection 13 (1) is given before the day on which this

section comes into

force.

Section

19 of the Act is amended by adding the following subsection:

Exception, City of

Toronto

(1.1) For

greater certainty, subsection (1) does not apply with respect to an amendment

to a development charge by-law of the City of Toronto.

10. The

Act is amended by adding the following section:

Exception,

City of Toronto

24.1

(1) Sections

21 to 24 do not apply with respect to a development charge by-law of the City

of Toronto.

Transition

(2) Despite subsection (1), sections 21 to

24 continue to apply with respect to an appeal if notice of the appeal under subsection

22 (1) or (2) is filed before the day on which this

section comes into force.

11. The

Act is amended by adding the following section:

Exception,

City of Toronto

49.1

(1) Sections

46 to 48 do not apply with respect to a front-ending agreement entered into by

the City of Toronto.

Transition

(2) Despite subsection (1), sections 46 to

48 continue to apply with respect to an objection to a front-ending agreement

if notice of the objection is filed in accordance with

section 47 before the

day on which this

section comes into force.

Section

50 of the Act is amended by adding the following subsection:

Exception,

City of Toronto

(2) For greater certainty, subsection

(1) does not apply with respect to an amendment to a front-ending agreement entered

into by the City of Toronto.

Funeral, Burial and Cremation Services Act, 2002

Section

85 of the Funeral, Burial and Cremation Services Act, 2002

is amended by adding the following subsections:

Exception, City of Toronto

(1.1) Subsection

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

. . . . .

Transition, City of Toronto

(4) Despite

subsection (1.1), subsection (1) continues to apply with respect to an appeal

of a decision of the City of Toronto under

section 84 if notice of the appeal

is given before the day on which subsection (1.1) comes into force.

Ontario Heritage Act

Section

34 of the Ontario Heritage Act is amended by adding

the following subsection:

Exception,

City of Toronto

(4.1) The following rules apply if the

property is located in the City of Toronto, and if the City passes a by-law

under subsection 115 (5) of the City of Toronto Act, 2006

authorizing appeals relating to applications made under subsection (1):

1. The

time period mentioned in subsection (2) applies only with respect to the

initial decision of the council, and not with respect to the appeal.

2. A

deemed consent described in subsection (4) takes effect upon the expiry of the

time period mentioned in subsection (2) and cannot be appealed.

3. The

rules governing an appeal, including the applicable deadline for giving notice

of the decision on the appeal to the owner and to the Trust, are as set out in

the by-law providing for the appeal.

4. If

the initial decision is appealed, and if council fails to give notice of the

decision on the appeal to the owner and the Trust by the applicable deadline,

the council is deemed to have consented to the application under subsection

(1).

Section

34.1 of the Act is amended by adding the following

subsections:

Exception,

City of Toronto

(1.1) Subsection (1) does not apply if the

property is located in the City of Toronto.

. . . .

Transition,

City of Toronto

(8) Despite subsection (1.1), subsection

(1) continues to apply with respect to a decision of Toronto city council if

the applicable notice of appeal, accompanied by the required fee, is given in

accordance with subsections (2) and (3) before the day on which subsection

(1.1) comes into force.

16. Subsection

34.5 (10) of the Act is amended by striking out "Section 34.1 applies" at the

beginning and substituting "Subsections 34.1 (1) and (2) to (7) apply".

Section

40.1 of the Act is amended by adding the following subsections:

Exception,

City of Toronto

(4.1) Subsection (4) does not apply if the

heritage conservation study area is located in the City of Toronto.

. . . .

Transition,

City of Toronto

(7) Despite subsection (4.1), subsection

(4) continues to apply with respect to a by-law passed under subsecti

Document details

Collection	Ontario — Bills
Citation	Bill 61, 41-2
Type	bill
Volume / chapter	p41 s2 bill 61 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	15a364744b1b98c72989b6f9d66be216583869ce

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