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Bill 88, Planning Amendment Act, 2019

Downey, Hon. Doug

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Acts affected

Original

Bill 88 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes multiple changes to the Planning Act .

Some of the more significant changes are outlined below.

Subsection

53 (1) of the Act is amended so that in addition to an owner of land or the

owner’s agent, a chargee of land or the chargee’s agent, as well as a purchaser

of land or the purchaser’s agent, may apply for a consent as defined in

subsection 50 (1).

Section

53 is amended to allow an applicant to amend its application for a consent at

any time before the council or the Minister gives or refuses to give a consent,

subject to any terms the council or the Minister considers appropriate.

Section

53 is also amended to allow the cancellation of a consent given under that

section.

The

Act is also amended to provide that a contravention of

section 50 in respect of

a parcel of land that is being dealt with does not have, and is deemed never to

have had, the effect of preventing the conveyance of the land or the creation

of any interest in the land if the contravention occurred more than 20 years

before the date of dealing with the parcel.

Bill 88 2019

Act to amend the Planning Act

Her

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

Province of Ontario, enacts as follows:

(1) Subsection 50 (1.1) of the Planning Act

is repealed and the following substituted:

Removal

of power

(1.1) The

Minister may by order, accompanied by a written explanation for it, remove the

powers of the council of a municipality under this

section and sections 53 and

57 and the order may be in respect of one or more applications for a consent or

for a certificate of validation specified in the order or in respect of any or

all applications for consents or for certificates of validation made after the

order is made.

(2) Subsection

50 (1.2) of the Act is amended by striking out “to give approvals under

subsection (18)”.

(3) Subsection

50 (1.3) of the Act is amended by striking out “give approvals under subsection

(18)”.

(4) Subsection

50 (1.4) of the Act is amended by striking out “to give approvals under

subsection (18)”.

(5) Subsection

50 (1.5) of the Act is amended by striking out “to give approvals under

subsection (18)”.

(6) Clause

50 (3) (

b) of the Act is repealed and the following substituted:

(

b) the

grantor by deed or transfer, the person granting, assigning or exercising a

power of appointment, the mortgagor or chargor, the vendor under an agreement

of purchase and sale or the grantor of a use of or right in land, as the case

may be, does not retain the fee or the equity of redemption in, or a power or

right to grant, assign or exercise a power of appointment in respect of any

land abutting the land that is being conveyed or otherwise dealt with other

than,

(

i) land

that is the whole of one or more lots or blocks within one or more registered

plans of subdivision,

(ii) land

that is within a registered description under the Condominium

Act, 1998 ,

(iii) land

that was previously conveyed by way of a deed or transfer with a consent given

under

section 53, or was mortgaged or charged with a consent given under

section 53, and the consent did not stipulate that this subsection or

subsection (5) applies to any subsequent conveyance or transaction,

(iv) the

whole of the remaining part of a parcel of land, the other part or parts of

which parcel have been conveyed by way of a deed or transfer with a consent

given under

section 53 and the consent did not stipulate that this subsection

or subsection (5) applies to any subsequent conveyance or transaction, or

(

v) land

that was previously owned by, or abutted land previously owned by, joint

tenants if title and ownership of the land merged with the ownership of

abutting land as a result of the death of one of the joint tenants;

(7) Clause

50 (3) (

g) of the Act is amended by adding “or to that person’s successor in

title” after “from whom it was acquired”.

(8) Subsection

50 (5) of the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Part-lot

control

(5) If

land is within a plan of subdivision registered before or after the coming into

force of this section, no person shall convey any land other than the whole of

any lot or block of the land by way of a deed or transfer, or grant, assign or

exercise a power of appointment in respect of such land, or mortgage or charge such

land, or enter into an agreement of sale and purchase of such land or enter

into any agreement that has the effect of granting the use of or right in such

land directly or by entitlement to renewal for a period of 21 years or more

unless,

. . . .

(9) Clause

50 (5) (

a) of the Act is repealed and the following substituted:

(

a) the

grantor by deed or transfer, the person granting, assigning or exercising a

power of appointment, the mortgagor or chargor, the vendor under an agreement

of purchase and sale or the grantor of a use of or right in land, as the case

may be, does not retain the fee or the equity of redemption in, or a power or

right to grant, assign or exercise a power of appointment in respect of, any

land abutting the land that is being conveyed or otherwise dealt with other

than,

(

i) land

that is the whole of one or more lots or blocks within one or more registered

plans of subdivision,

(ii) land

that is within a registered description under the Condominium

Act, 1998 ,

(iii) land

that was previously conveyed by way of a deed or transfer with a consent given

under

section 53, or was mortgaged or charged with a consent given under

section 53, and the consent did not stipulate that this subsection or

subsection (3) applies to any subsequent conveyance or transaction,

(iv) the

whole of the remaining part of a parcel of land, the other part or parts of

which parcel have been conveyed by way of a deed or transfer with a consent

given under

section 53 and the consent did not stipulate that this subsection

or subsection (3) applies to any subsequent conveyance or transaction, or

(

v) land

that was previously owned by, or abutted land previously owned by, joint

tenants if title and ownership of the land merged with the ownership of

abutting land as a result of the death of one of the joint tenants;

(10) Clause

50 (5) (

g) of the Act is amended by adding “or to that person’s successor in

title” after “from whom it was acquired”.

(11) Subsection

50 (6) of the Act is repealed and the following substituted:

Conveyance

of remaining part

(6) Despite

subsections (3) and (5), if land is the remaining part of a parcel of land, the

other part or parts of which parcel have been the subject of a certificate

given under subsection 53 (42), the whole of the remaining part may be conveyed

or otherwise dealt with before the other part or parts are conveyed as long as

the certificate has not lapsed under subsection 53 (43).

(12) Subsection

50 (9) of the Act is amended by striking out “the use of or right in a part of

a building or structure for any period of years” at the end and substituting “the

use of or right in a part of a building or structure, including the use of or right

in lands that are ancillary to the use of or right in the building or

structure”.

(13) Section

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

Same

(12.1) For

greater certainty, subsection (12) applies in respect of a consent regardless

of whether the consent was given before or after the coming into force of subsection

(12).

(14) Subsection

50 (16) of the Act is amended by striking out “mentioned in the mortgage or

charge” and substituting “that is then subject to the mortgage or charge”.

(15) Subsection

50 (17) of the Act is repealed and the following substituted:

Saving

(17) Subsection

(16) does not apply to a partial discharge of mortgage or partial cessation of

charge if the land described in the partial discharge or partial cessation

could otherwise be conveyed by way of a deed or transfer by the registered

owner of the land in compliance with the provisions of this section.

(16) Subsection

50 (18) of the Act is repealed and the following substituted:

Foreclosure

or exercise of power of sale

(18) No

foreclosure of or exercise of a power of sale in a mortgage or charge shall

have any effect in law without a consent given under

section 53 unless,

(

a) all

of the land that is then subject to the mortgage or charge is included in the

foreclosure or exercise of the power of sale; or

(

b) all

of the land included in the foreclosure or exercise of the power of sale could

otherwise be conveyed by way of a deed or transfer by the registered owner of the

land in compliance with the provisions of this section.

(17) Subsection

50 (18.1) of the Act is repealed.

(18) Subsection

50 (19) of the Act is repealed and the following substituted:

Release

of interest by joint tenant or tenant in common

(19) If

two or more persons are joint tenants or tenants in common of a parcel of land

while also together holding the fee in any abutting land and one of those

tenants releases or conveys their interest in the parcel of land to one or more

of the other tenants, the tenant is deemed, for the purposes of subsections

(3) and (5), to convey the land by way of deed or transfer and to retain the fee in

the abutting land.

(19) Subsection

50 (22) of the Act is amended by striking out “the conveyance of any interest

in the land” in the portion following clause (

d) and substituting “the

conveyance of or creation of any interest in the land”.

(20) Subsection

50 (23) of the Act is amended by adding “or otherwise determining compliance

with this section” after “subclause (22) (c) (ii)”.

(1) Subsection 53 (1) of the Act is amended by striking out “An

owner of land or the owner’s agent duly authorized in writing may apply” at the

beginning and substituting “Any owner, chargee or purchaser of land, or such

owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply”.

(2) Section

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

Amended

application

(7.3) An

applicant may amend its application at any time before the council or the

Minister gives or refuses to give a consent, subject to any terms the council

or the Minister considers appropriate.

Notice

re amended application

(7.4) If

an application is amended under subsection (7.3), the council or the Minister

shall ensure that an additional notice of application is given under subsection

(5) unless, in the opinion of the council or the Minister, the amendment is sufficiently

minor that an additional notice is not necessary.

Provisional

consent

(7.5) The

council or the Minister may give a provisional consent that includes conditions

to be satisfied before a certificate is issued under subsection (42).

. . . .

Extension

of time to fulfil conditions

(40.1) The

applicant may apply for an extension of the one-year period allowed for

fulfilling conditions in the form and manner that the council or the Minister

considers appropriate.

Same

(40.2) An

application referred to in subsection (40.1) must be made before the one-year

period allowed for fulfilling conditions has expired.

Same

(40.3) The

one-year period allowed for fulfilling conditions may be extended only once,

for a period of up to one year from the date that the extension is granted.

Same

(40.4) The

decision of the council or the Minister with respect to an application referred

to in subsection (40.1) is not subject to appeal or review.

(3) Subsection

53 (41) of the Act is amended by striking out “fulfilled the conditions, the

application for consent” and substituting “fulfilled the conditions, and has

not been granted an extension within that period, the application for consent”.

(4) Subsection

53 (42) of the Act is amended by adding “in respect of the land that was the

subject of the consent and, if requested by the applicant, in respect of the

remaining part of the parcel that was the subject of the consent” after “shall

give a certificate to the applicant”.

(5) Section

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

Certificate

for cancellation of consent

(45) Any

owner of land or the owner’s agent duly authorized in writing may apply to the

council or to the Minister, as the case may be, for a certificate cancelling a

consent.

Provision

of certificate

(46) If

an application for a certificate cancelling a consent is made in accordance

with subsection (45), the council or the Minister shall provide the certificate

to the applicant.

Content

of certificate

(47) The

certificate shall provide that subsection 50 (12) does not apply in respect of

the parcel of land that is the subject of the cancelled consent and that either

subsection 50 (3) or (5) shall apply to any subsequent conveyance or transaction

involving the parcel of land.

Cancellation

of consent

(48) Upon

the registration of a certificate referred to in subsection (45), subsections

50 (3) and (5) will apply to any subsequent conveyance or transaction involving

the parcel of land that is the subject of the cancelled consent.

(1) Subsection 57 (6) of the Act is amended by striking out “the

prescribed criteria” at the end and substituting “the same criteria that apply

to the granting of consents under

section 53”.

(2) Subsection

57 (7) of the Act is repealed.

The Act is amended by adding the following section:

Contravention

of s. 50 has no effect after 20 years

57.1

(1) A contravention

section 50 or a predecessor of it in respect of a parcel of land that is

being dealt with does not have, and is deemed never to have had, the effect of

preventing the conveyance of the land or the creation of any interest in the

land if the contravention occurred more than 20 years before the date of

dealing with the parcel.

Exception

(2) Subsection

(1) does not affect rights acquired by any person from a judgment or order of

any court given or made in the course of proceedings commenced on or before the

day that is 20 years after the day on which the contravention occurred.

Paragraph 26 of subsection 70.1 (1) of the Act is amended by striking out

“subsection 50 (18.1) and”.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Planning Amendment Act,

2019 .

Date Bill stage Event Outcome Committee

May 30, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

May 30, 2019

Second Reading

Vote

Carried

May 30, 2019

Second Reading

Debated

March 25, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

March 25, 2019

Committee

Second Reading

May 30, 2019

Mr. Doug Downey, Mr. Gilles Bisson, Ms. Goldie Ghamari, Ms. Suze Morrison, Mr. Will Bouma, Mr. Michael Parsa, Mrs. Gila Martow

May 30, 2019

Declared carried. Referred to the Standing Committee on Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

Third Reading

Royal Assent

Acts affected - Bill 88

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Planning Act

Legislative Assembly of Ontario

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