Town of Newmarket Act, 2001 Munro, Julia — Private Bill PR9 (37th Parliament, 2nd Session)

Bill PR9, 37-2

Ontario — Bills

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Bill PR9, Town of Newmarket Act, 2001

Munro, Julia

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Royal Assent

[37] Bill 9 Royal Assent (PDF)

Bill Pr9 2001

An Act respecting

the Town of Newmarket

Preamble

The Corporation of the Town of Newmarket has applied for special

legislation in respect of the matters set out in this Act.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the

Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"building permit" means a building permit issued under

section 8 of the

Building Code Act, 1992 ;

"Corporation" means The Corporation of the Town of Newmarket;

"council" means the council of the Corporation;

"designated property" means designated property as defined in

section 26

of the Ontario Heritage Act ;

"heritage conservation district" means an area designated as such under

section 41 of the Ontario Heritage Act ;

"owner" means the person registered on title in the proper land registry

office as owner.

Application respecting designated properties

(1) Despite

section 34 of the

Ontario Heritage Act , in considering an application under subsection

34 (1) of that Act to demolish or remove a building or structure on a

designated property, the council may refuse the application and prohibit any

work from being done to demolish or remove the building or structure.

Notice of decision

(2) The council shall, within 90 days of receipt of the

completed application or such longer period as is mutually agreed upon by the

applicant and the council,

(

a) give notice of its decision under subsection (1) to the owner and to

the Ontario Heritage Foundation; and

(

b) publish its decision in a newspaper having general circulation in the

municipality.

Deemed consent

(3) If the council fails to notify the owner under clause (2)

(a), it shall be deemed to have consented to the application.

Requirements for demolition

(4) Despite subsection 34 (4) of the Ontario Heritage

Act , if the council has, under subsection (1), refused an application

under subsection 34 (1) of the Ontario Heritage Act , the owner of

the property shall not demolish or remove the building or structure or do any

work or cause or permit any work to be done in the demolition or removal of

the building or structure unless,

(

a) the owner has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the decision of the council

under subsection (1).

Same, transitional

(5) Despite subsection 34 (4) of the Ontario Heritage

Act , if the council has, before the coming into force of this Act,

refused an application and prohibited any work to demolish or remove any

building or structure on a property for the period of time provided for under

clause 34 (2) (

b) of that Act, the owner of the property shall not do any

work or cause or permit any work to be done after the date this Act comes

into force to demolish or remove the building or structure unless,

(

a) the owner has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the refusal by the council of

the application under clause 34 (2) (

b) of that Act.

If work commenced

(6) Subsection (5) applies even if any work may have been

commenced on the demolition or removal of a building or structure before the

coming into force of this Act.

Requirement respecting new building

(7) An owner who is refused by the council under subsection

(1) or, if before the coming into force of this Act, under clause 34 (2) (

b) of

the Ontario Heritage Act , and who subsequently demolishes or removes

or causes or permits to be demolished or removed the building or structure in

accordance with subsection (4) or (5) shall, within two years of the

commencement of the demolition or removal, substantially complete the new

building to be erected on the site.

Application respecting buildings in heritage conservation

districts

(1) Despite sections 42 and 43

and subsection 44 (2) of the Ontario Heritage Act , in considering an

application under

section 43 of that Act to demolish or remove a building or

structure within a heritage conservation district, the council may refuse the

application and prohibit any work from being done to demolish or remove the

building or structure.

Notice of decision

(2) The council shall, within 90 days of receipt of the

completed application or such longer period as is mutually agreed upon by the

applicant and the council, give notice of its decision under subsection

(1) to the owner and, if the council fails to so notify the owner, it shall be

deemed to have consented to the application.

Requirements for demolition

(3) Despite clause 42 (

c) and subsection 44 (2) of the

Ontario Heritage Act , if the council has, under subsection (1),

refused an application under

section 43 of the Ontario Heritage Act

and prohibited any work from being done to demolish or remove a building or

structure, no person shall demolish or remove the building or structure or do

or cause any work to be done in the demolition or removal of the building or

structure unless,

(

a) the owner has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the decision of the council

under subsection (1).

Same, transitional

(4) Despite

section 42 and subsection 44 (2) of the Ontario

Heritage Act , if the council has, before the coming into force of this

Act, refused an application under subsection 43 (2) of that Act, no person

shall do any work or cause any work to be done after the date this Act comes

into force to demolish or remove the building or structure unless,

(

a) the owner has obtained a building permit to erect a new building on

the site of the building or structure sought to be demolished or removed;

and

(b) 180 days have elapsed from the date of the refusal by the council of

the application under subsection 43 (2) of that Act.

If work commenced

(5) Subsection (4) applies even if any work has been commenced

on the demolition or removal of a building or structure before the coming

into force of this Act.

Requirement respecting new building

(6) A person who is refused by the council under subsection

(1) or, if before the coming into force of this Act, under subsection 43 (2) of

the Ontario Heritage Act , and who subsequently demolishes or removes

or causes or permits to be demolished or removed the building or structure in

accordance with subsection (3) or (4) shall, within two years of the

commencement of the demolition or removal, substantially complete the new

building to be erected on the site.

Application for relief from time restriction

(1) A person who has been

refused by the council under subsection 2 (1) or 3 (1) of this Act, or under

clause 34 (2) (

b) or subsection 43 (2) of the Ontario Heritage Act ,

may apply to the council for relief from the requirement imposed by

subsection 2 (7) or 3 (6) if that person considers that,

(

a) it is not possible to complete a new building within the two-year

period specified in subsection 2 (7) or 3 (6); or

(

b) the construction of a new building has become not feasible on economic

or other grounds.

Notice

(2) Notice of the application under subsection (1) shall be

sent by registered mail to the clerk of the Corporation not less than 45 days

before the expiry of the two-year period within which the new building is to

be substantially completed.

Further relief

(3) If the council extends the time under

section 5 for

completion of the new building, the applicant may apply for relief from the

extended completion time if the applicant considers that,

(

a) it is not possible to complete a new building in the extended time;

(

b) the construction of a new building has become not feasible on economic

or other grounds.

Notice

(4) Notice of the application under subsection (3) shall be

sent by registered mail to the clerk of the Corporation not less than 90 days

before the expiry of the extended completion time.

Council may grant relief

(1) The council shall consider

an application under

section 4 and may,

(

a) extend the time for completion of the new building; or

(

b) relieve the applicant from the requirement of constructing the new

building.

Where time extended

(2) If time is extended under clause (1) (a), the applicant

shall complete the new building within the extended time.

Where relief granted

(3) If relief is granted under clause (1) (b), the applicant

shall thereafter be deemed not to have contravened this Act by failing to

substantially complete the new building.

Appeal to OMB

(1) Any person who has made

application under

section 4 may appeal to the Ontario Municipal Board,

(

a) from the decision of the council; or

(

b) from the refusal or neglect of the council to make a decision within

30 days after the receipt by the clerk of the application.

Same

(2) An appeal under subsection (1) shall be made within 20 days

of the mailing of the notice of decision or after the expiration of the

30-day period set out in clause (1) (

b) and the Board shall hear the appeal

and the Board on the appeal has the same powers as the council has under

section 5.

Decision final

(3) The decision of the Board is final.

Extension of time

(4) If an appeal has been made to the Board under subsection

(1), the two-year period within which the new building is to be substantially

completed shall be deemed to be extended to the date of the Board's

decision.

Dismissal of appeal

(5) If the Board dismisses an appeal from a decision of the

council under subsection (1), the Board may extend the time for completing

the new building for such further period as the Board considers reasonable

and the decision of the Board is final.

Where time extended

(6) If the Board has extended the time for completion of the

new building under subsection (2) or (5), the applicant shall substantially

complete the new building within the extended time.

Service

(1) Any notice required to be

given, delivered or served under this Act is sufficiently given, delivered or

served if delivered personally or sent by registered mail addressed to the

person to whom delivery or service is required to be made at that person's

last known address.

Same

(2) If service is made by mail, the service shall be deemed to

be made on the seventh day after the day of mailing unless the person on whom

service is being made establishes that the notice was not received until a

later date through absence, accident, illness or other cause beyond that

person's control.

Publication

(3) Any notice required to be published in a newspaper having

general circulation in the municipality shall be published in that newspaper

once for each of three consecutive weeks.

Offence

(1) Subject to subsection (2),

every person who knowingly furnishes false information in any application

under this Act or in any statement, report or return furnished under this Act

and every director or officer of a corporation who knowingly concurs in the

contravention is guilty of an offence and on conviction is liable to a fine

of not more than $10,000 or to imprisonment for a term of not more than one

year, or to both.

Same

(2) Every person who, on designated property or within a

heritage conservation district, demolishes or removes any building or

structure or part thereof or who does any work or causes or permits any work

to be done in the demolition or removal of any building or structu

Document details

Collection	Ontario — Bills
Citation	Bill PR9, 37-2
Type	bill
Volume / chapter	p37 s2 bill pr9 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	81054db123f4b3570b4c9a47f9bd415fd0460644

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