Ontario Bill 185 (43rd Parliament, 1st Session)
Bill 185, 43-1
Ontario — Bills
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Bill 185, Cutting Red Tape to Build More Homes Act, 2024
Calandra, Hon. Paul Minister of Legislative Affairs
Royal Assent received. Statutes of Ontario 2024,
chapter 16
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Bill 185 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 185 and does not form part of the law.
Bill 185 has been enacted as
Chapter 16 of the Statutes of Ontario, 2024.
SCHEDULE 1
AN ACT TO INCORPORATE THE TRINITY COLLEGE SCHOOL
The
Schedule amends
An Act to incorporate the Trinity College
School to state that the corporation has the capacity, rights, powers
and privileges of a natural person and to make certain changes to the
membership of the governing body of the school.
SCHEDULE 2
ARTS COUNCIL ACT
The
Schedule amends the Arts Council Act by changing
the name of the Council from the Province of Ontario Council for the Arts to
the Ontario Arts Council. The
Schedule also replaces the definition of Minister
section 1.
SCHEDULE 3
BUILDING OPPORTUNITIES IN THE SKILLED TRADES ACT, 2021
The
Building Opportunities in the Skilled Trades Act, 2021
is amended to permit the Registrar to delegate their powers and duties to
employees of the Corporation.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 . Here
are some highlights:
1. A
new
section 69.1 provides that the City may, by by-law, adopt a policy
providing for the allocation of water supply and sewage capacity. Such a policy
may include a system for tracking the water supply and sewage capacity
available to support approved developments as well as criteria respecting the
allocation of water supply and sewage capacity to development applications.
2. A
new
section 82.1 provides that the Lieutenant Governor in Council may make
regulations authorizing the City to grant assistance, directly or indirectly,
to a specified manufacturing business or other industrial or commercial
enterprise during a specified period if the Lieutenant Governor in Council
considers that it is necessary or desirable in the provincial interest to
attract investment in Ontario.
3. Currently,
subsections 114 (4) and (4.1) set out rules respecting consultations with the
City before plans and draws are submitted for approval. Those subsections are
repealed and, in their place, re-enacted subsection 114 (4) requires the City
to permit applicants to consult with the City before submitting plans and
drawings for approval.
4. Currently,
subsection 114 (4.6) permits the making of a motion, within a specified
timeframe, for directions to have the Ontario Land Tribunal determine whether
information and material required to be provided with an application for
approval of plans and drawings under subsection 114 (5) have in fact been
provided or whether a requirement to provide information or material required
by the official plan is reasonable. The subsection is re-enacted to provide
that a motion can be made at any time after pre-request consultation has begun
or the requestor has paid the application fee. Subsection 114 (4.7), which
currently provides for the extension of the timeframe under subsection 114
(4.6) in certain circumstances, is repealed.
5. A
new subsection 114 (11.1) permits authorized persons referred to in subsection
114 (5.1) to provide for the lapsing of approvals of plans and drawings
referred to in subsection 114 (5). A new subsection 114 (11.3) of the Act
permits an authorized person to provide for the lapsing of previous approvals
and, if the person does so, requires the City to notify the owner of the land.
A new subsection 114 (21) of the Act authorizes certain regulations in relation
to subsections 114 (11.1), (11.2) and (11.3), including providing for
exemptions to those provisions.
6. Subsections
114 (14.1) to (14.3), which currently provide rules respecting when the City is
required to refund fees in respect of applications under
section 114, are
repealed. Transitional rules are provided for in new subsections 114 (21) and
(22).
7. A
new
section 114.2 provides that a regulation made for the purposes of
section
49.3 of the Planning Act may provide for the
non-application of
section 113 or 114 of the Act, or may set out restrictions
or limitations with respect to their application, to a house or structure
referred to in clause 49.3 (1) (
a) or (
b) of the Planning
Act .
8. A
new
section 114.3 provides that a regulation made for the purposes of
section
62.0.3 of the Planning Act may provide for the
non-application of
section 113 or 114 of the Act, or may set out restrictions
or limitations with respect to their application, to a class of community
service facilities that is prescribed for the purposes of
section 62.0.3 of the
Planning Act and that meets such requirements as
may be prescribed for the purposes of that section.
SCHEDULE 5
CORONERS ACT
The
Schedule amends the Coroners Act . Currently
subsection 34 (2) of the Act requires the sheriff to provide the coroner with a
list of jurors containing their names, ages, places of residence and
occupations. The amendment requires the sheriff to also provide such
information as may be prescribed.
SCHEDULE 6
DEVELOPMENT CHARGES ACT, 1997
Subsection
5 (3) of the Development Charges Act, 1997 is
amended to add the costs of certain studies as capital costs for the purposes
section 5. Specified transition and special rules in
section 5 are repealed
and new transition rules with respect to the repeal of subsections 5 (7) and
(8) are added.
New
subsections 19 (1.1) to (1.3) provide that subsection 19 (1) of the Act does
not apply to amendments to development charge by-laws in specified
circumstances and new subsection 19 (1.4) governs notice of such amendments.
Currently,
subsection 26.2 (5) of the Act provides that clauses 26.2 (1) (
a) and (
b) do
not apply in respect of certain developments if more than the prescribed time
has elapsed since certain applications were approved. This subsection is
amended to replace the prescribed time with 18 months.
Section 26.2 is also
amended to add a new special rule regarding the application of the
section to
the City of Ottawa.
SCHEDULE 7
HAZEL MCCALLION ACT (PEEL DISSOLUTION), 2023
The
Schedule amends the Hazel McCallion Act (Peel
Dissolution), 2023 .
Here are some highlights:
1. The
title of the Act is changed to the Hazel McCallion Act
(Peel Restructuring), 2023 .
Section
2, which provides for the dissolution of The Regional Municipality of Peel and
the continuation of the City of Mississauga, the City of Brampton and the Town
of Caledon as single-tier municipalities, is repealed.
3. Currently,
subsection 3 (5) of the Act provides for the duties of the transition board,
including providing recommendations to the Minister respecting the municipal
restructuring required for the purposes of
section 2. Amendments are made to
provide that the board must provide recommendations respecting the transfer of
powers, responsibilities or jurisdiction from The Regional Municipality of Peel
with respect to land use planning, water and wastewater, storm water, highways
and waste management.
Section
5 currently requires the municipalities
and their local boards, when
considering entering into a transaction, commitment or agreement on or after
May 18, 2023 and before January 1, 2025, to act in the public interest having
regard to the municipal restructuring required for the purposes of
section 2,
including acting in a manner that does not unreasonably impact another
municipality. The
section is re-enacted to require that the municipalities and
their local boards must instead have regard to the transfer of powers,
responsibilities or jurisdiction from The Regional Municipality of Peel
with respect to the matters set out in new subsection 3 (5.1) .
Section
9 currently limits the compensation to which persons are entitled as a result
of, among other things, the enactment of the Act. The
section is re-enacted to
set out additional limitations on remedies.
SCHEDULE 8
LINE FENCES ACT
The
Schedule amends the Line Fences Act with respect to
various matters, including the following:
1. The
definition of “appeals division” in subsection 1 (1) is repealed and other
provisions are amended to reflect this change.
2. New
section 22.1 sets out the means by which any document that is required to be
served or sent and any notice that is required to be given under the Act can be
served, sent or given.
3. Currently,
subsections 27 (2) and (3) provide respectively that the Lieutenant Governor in
Council shall appoint a referee and that the Lieutenant Governor in Council may
appoint one or more deputy referees for the purposes of the Act. These
subsections are amended to substitute the Lieutenant Governor in Council with
the Minister.
4. Various
amendments are made to provide that, in cases where the adjoining owner must be
notified, the occupant of the land of the adjoining owner must also be
notified.
5. Other
housekeeping and consequential amendments are made.
SCHEDULE 9
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding
section 86.1, which provides that a municipality may, by by-law, adopt a policy
providing for the allocation of water supply and sewage capacity. Such a policy
may include a system for tracking the water supply and sewage capacity
available to support approved developments as well as criteria respecting the
allocation of water supply and sewage capacity to development applications.
The
Schedule also amends the Act by adding
section 106.1.
Section 106.1 provides
that the Lieutenant Governor in Council may make regulations authorizing a
municipality to grant assistance, directly or indirectly, to a specified
manufacturing business or other industrial or commercial enterprise during a
specified period if the Lieutenant Governor in Council considers that it is
necessary or desirable in the provincial interest to attract investment in
Ontario.
SCHEDULE 10
NIAGARA PARKS ACT
The
Schedule amends the Niagara Parks Act . Subsection 3
(2) of the Act is amended to remove the requirement that the members of the
Commission appointed by the council of a municipality be appointed annually.
The new subsection 3 (3) provides that those members shall hold office for a
term determined by the council that appointed them and that any such term shall
not exceed the term of the council that appointed them.
SCHEDULE 11
ONTARIO ENERGY BOARD ACT, 1998
The
Schedule amends the Ontario Energy Board Act, 1998 .
Currently, subsection 90 (2) of the Act provides that the requirement to obtain
leave to construct does not apply to the relocation or reconstruction of a
hydrocarbon line unless the size of the line is changed or the acquisition of
additional land or authority to use additional land is necessary. The
subsection is re-enacted to provide that the requirement to obtain leave to
construct applies to the relocation or reconstruction of a hydrocarbon line only
if the conditions prescribed by the regulations are met. A complementary
re-enactment of subsection 92 (2) of the Act is made.
SCHEDULE 12
PLANNING ACT
The
Schedule makes various amendments to the Planning Act .
Here are some highlights:
1. The
definition of “public body” in subsection 1 (1) of the Act is amended to
include a hospital as defined in
section 1 of the Public
Hospitals Act . The definition of “specified person” in that subsection
is amended to include several other persons.
2. Currently,
the Act provides for two different classes of upper-tier municipalities, those
which have planning responsibilities and those which do not. Amendments are
made to provide that the Regional Municipality of Peel, the Regional
Municipality of Halton and the Regional Municipality of York become upper-tier
municipalities without planning responsibilities on July 1, 2024 and to provide
that four other specified upper-tier municipalities will be upper-tier
municipalities without planning responsibilities on dates to be named by
proclamation of the Lieutenant Governor. Other related amendments are made in
the Act.
3. New
subsections 16 (22) to (24) limit the ability of official plans to contain
policies requiring an owner to provide or maintain parking facilities within
protected major transit station areas, certain other areas surrounding and
including an existing or planned higher order station or stop and other
prescribed areas. Related amendments are made to
section 34.
4. Currently,
subsection 17 (24) of the Act permits a person to appeal the adoption of an
official plan if the person has, before the municipality adopted the plan, made
oral submissions at a public meeting or written submissions to the
municipality. Amendments are made to provide that a person must be a specified
person. The subsection is also amended to permit the registered owner of land
to which the plan would apply to appeal the adoption of an official plan, if
that owner has, before the municipality adopted the plan, made oral submissions
at a public meeting or written submissions to the municipality. New subsections
17 (24.0.1) to (24.0.4) provide for transitional rules. Similar amendments are
made to appeal rights under subsections 17 (36) and 34 (19).
5. Currently,
subsection 22 (3.1) of the Act requires a council or planning board to allow
applicants who wish to do so to consult with the municipality or planning board
before submitting a request to amend an official plan and authorizes a council
or planning board to pass a by-law requiring applicants to consult with the
municipality or planning board before submitting such a request. The re-enacted
subsection does not include the authority for a council or planning board to
pass a by-law requiring consultation. Similar amendments are made to sections
34, 41 and 51.
6. Currently,
subsection 22 (6.2) of the Act permits the making of a motion, within a
specified timeframe, for directions to have the Ontario Land Tribunal determine
whether information and material required to be provided with a request for an
official plan amendment have in fact been provided or whether a requirement to
provide information or material required by the official plan is reasonable.
The subsection is re-enacted to provide that a motion can be made at any time
after pre-request consultation has begun or the requestor has paid the
application fee. Subsection 22 (6.3), which currently provides for the
extension of the timeframe under subsection 22 (6.2) in certain circumstances,
is repealed. Similar amendments are made to sections 34, 41 and 51.
7. Currently,
subsection 22 (7.1) provides that there is no appeal under subsection (7) in
respect of the refusal or failure to adopt or approve an official plan
amendment described in subsection 22 (7.2). Clause 22 (7.2) (
a) of the Act
currently describes amendments that propose to alter all or any part of the
boundary of an area of settlement in a municipality. The clause is re-enacted
to describe an alteration of the boundary of an area of settlement in a
municipality if, as a result of the alteration, any land in the Greenbelt Area
would be included in the area of settlement. A similar amendment is made to
clause 34 (11.0.4) (a).
8. Subsections
34 (10.12) to (10.14) of the Act, which currently provide rules respecting when
municipalities are required to refund fees in respect of applications under
that section, are repealed. Transitional rules are provided for in new
subsections 34 (35) and (36). Similar amendments are made to
section
Section
34.1 currently provides for Minister’s orders that are made at the request of a
municipality. The
section is repealed and re-enacted to provide a transition
rule respecting orders that were previously made under the section.
10. Currently, subsection 35.1 (2) authorizes the Minister
to make regulations establishing requirements and standards with respect to a
second or third residential unit in a detached house, semi-detached house or
rowhouse and with respect to a residential unit in a building or structure
ancillary to such a house. The subsection is re-enacted to authorize
regulations establishing requirements and standards with respect to any
additional residential units in a detached house, semi-detached house or
rowhouse, a residential unit in a building or structure ancillary to such a
house, a parcel of land where such residential units are located or a building
or structure within which such residential units are located.
11. A
new subsection 41 (7.1) permits authorized persons referred to in subsection 41
(4.0.1) to provide for the lapsing of approvals of plans and drawings referred
to in subsection 41 (4). A new subsection 41 (7.3) permits an authorized person
to provide for the lapsing of previous approvals and, if the person does so,
requires the municipality to notify the owner of the land. Amendments are made
to subsection 70.1 (1) to authorize certain regulations in relation to
subsections 41 (7.1), (7.2) and (7.3), including providing for exemptions to
those provisions.
12. A
new
section 49.3 of the Act authorizes regulations that provide for the
non-application of any provision of
Part V or a regulation under
section 70.2,
or setting out restrictions or limitations with respect to its application, to
houses and ancillary structures meeting prescribed criteria.
13. Currently,
subsection 51 (32) permits an approval authority to provide for the lapsing of
an approval to a draft plan of subdivision. The subsection is re-enacted to,
among other things, require approval authorities to provide for the lapsing of
such approvals. New subsection 51 (33.4) deals with the lapsing of approvals
that were given on or before March 27, 1995. Amendments are made to subsection
70.1 (1) to authorize certain regulations in relation to subsections 51 (32),
(32.1) and (33.4), including providing for exemptions to those provisions.
14. A
new
section 62.0.2 is added to the Act to exempt undertakings of certain
classes of post-secondary institutions from the Act and sections 113 and 114 of
the City of Toronto Act, 2006 .
15. A
new
section 62.0.3 of the Act authorizes regulations that provide for the
non-application of any provision of the Act or a regulation made under
section
70.2, or setting out restrictions or limitations with respect to its
application, to prescribed classes of community service facilities that meet
prescribed requirements.
Section
70.3 of the Act currently permits the making of regulations that authorize
municipalities to pass by-laws establishing a system for allocating sewage and
water services to land that is subject to an application under
section 51. The
section is repealed.
SCHEDULE 13
POET LAUREATE OF ONTARIO ACT (IN MEMORY OF GORD DOWNIE), 2019
The
Schedule amends subclause 2 (a) (iii) of the Poet Laureate
of Ontario Act (In Memory of Gord Downie), 2019 to change the reference
to the Province of Ontario Council for the Arts to the Ontario Arts Council.
SCHEDULE 14
REDEEMER REFORMED CHRISTIAN COLLEGE ACT, 1998
The
Schedule amends the Redeemer Reformed Christian College
Act, 1998 .
Section 4 is amended to reduce the size of the board of
governors to not fewer than 11 and not more than 15 persons, and other related
amendments are made.
SCHEDULE 15
UNIVERSITÉ DE HEARST ACT, 2021
The
Schedule amends the Université de Hearst Act, 2021
to change the composition of the board of governors of the University.
Bill 185 2024
Act to amend various Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Act to incorporate the Trinity College School
Schedule 2
Arts
Council Act
Schedule 3
Building
Opportunities in the Skilled Trades Act, 2021
Schedule 4
City
of Toronto Act, 2006
Schedule 5
Coroners
Act
Schedule 6
Development
Charges Act, 1997
Schedule 7
Hazel
McCallion Act (Peel Dissolution), 2023
Schedule 8
Line
Fences Act
Schedule 9
Municipal
Act, 2001
Schedule 10
Niagara
Parks Act
Schedule 11
Ontario
Energy Board Act, 1998
Schedule 12
Planning
Act
Schedule 13
Poet
Laureate of Ontario Act (In Memory of Gord Downie), 2019
Schedule 14
Redeemer
Reformed Christian College Act, 1998
Schedule 15
Université
de Hearst Act, 2021
Preamble
The
Government of Ontario:
reducing red tape and removing costly burdens in order to make government work
better for the families, business owners, municipalities and workers who are
building Ontario.
Understands
that unnecessary red tape too often delays shovels from getting in the ground,
making it more expensive and time-consuming to build badly-needed homes.
Recognizes
the urgent need to tackle the housing supply crisis and get at least 1.5
million homes built by 2031 in partnership with municipalities.
building on its previous actions to cut red tape with a variety of measures
that will save people and businesses time and money, including by improving how
people and businesses access government services, streamlining municipal
approvals and reducing costs to build more homes, prioritizing infrastructure
for housing projects that are ready to go, providing certainty once a decision
is made and building homes faster for more people.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2 and 3 and
the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by proclamation of the Lieutenant Governor, a
proclamation may apply to one or more of those provisions, and proclamations
may be issued at different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Cutting
Red Tape to Build More Homes Act, 2024 .
SCHEDULE 1
AN ACT TO INCORPORATE THE TRINITY COLLEGE SCHOOL
Section 1 of
An Act to incorporate the Trinity College
School , Statutes of Ontario 1872,
chapter 111, as amended by the Trinity College School Act, 1932 , is amended by striking
out the portion after “under the name of the corporation of “Trinity College
School;”” and substituting the following:
and
the said corporation shall have perpetual succession, the capacity, rights,
powers and privileges of a natural person and a common seal, and shall have
power to add to the numbers and appoint the
successors of the aforesaid, by election or otherwise, as may by the said
corporation be determined upon.
Section 3 of the Act, as amended by the Trinity College
School Act, 1932 , is repealed and the following substituted:
The
governing body of the said school shall consist of such and so many persons as
shall be appointed from time to time as occasion may require, in such manner
and for such term as may be provided in the by-laws, rules and regulations of
the said governing body.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 2
ARTS COUNCIL ACT
(1) The definition of “Council” in
section 1 of the Arts Council Act is repealed and the following
substituted:
“Council”
means the Ontario Arts Council; (“Conseil”)
(2) The
definition of “Minister” in
section 1 of the Act is repealed and the following
substituted:
“Minister”
means the Minister of Tourism, Culture and Sport or such other member of the
Executive Council to whom responsibility for the administration of this Act may
be assigned or transferred under the Executive Council Act .
(“ministre”)
Section 2 of the Act is amended by striking out “the name of Province of
de la province de l’Ontario in French” at the end and substituting “the name of
l’Ontario in French”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 3
BUILDING OPPORTUNITIES IN THE SKILLED TRADES ACT, 2021
Section 46 of the Building
Opportunities in the Skilled Trades Act, 2021 is amended by adding the
following subsection:
Delegation
to employee
(4) Where,
under this Act or the regulations,
any power or duty is granted to or vested in the Registrar, the Registrar may,
in writing, delegate that power or duty from time to time to any employee in
the Corporation, subject to such limitations, restrictions, conditions and
requirements as the Registrar may set out in the delegation.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The City of Toronto Act, 2006 is amended by adding
the following section:
Water
supply and sewage capacity
69.1
(1) Without
limiting sections 7 and 8, the City may, by by-law, adopt a policy providing
for the allocation of water supply and sewage capacity, which may include the
following:
1. A
system for tracking the water supply and sewage capacity available to support
approved developments.
2. The
criteria used to determine,
i. the
circumstances for when allocation of water supply and sewage capacity is
assigned to an approved development,
ii. the
circumstances for when the allocation of water supply and sewage capacity is
withdrawn, and
iii. the
circumstances for when an approved development, after having its allocation of
water supply and sewage capacity withdrawn, may be reallocated water supply and
sewage capacity.
Same
(2) A
by-law described in subsection (1) may provide that the policy set out in the
by-law applies to the entire City or applies differently to different
geographic areas within the City.
Determination
to be made by officer, etc.
(3) If
the City has passed a by-law described in subsection (1), the administration of
the policy must be assigned to an officer, employee or agent of the City, and
any decision made by that person under the policy must be final.
Transition
(4) Subsection
(3) does not apply to a policy of a City that provides for any of the things
described in paragraph 2 of subsection (1) if the by-law setting out the policy
was passed before the day
section 1 of
Schedule 4 to the Cutting
Red Tape to Build More Homes Act, 2024 comes into force.
Regulations,
exemptions
(5) The
Minister may make regulations that exempt an approved development or a class of
approved developments from any provision of a by-law described in subsection
(1), or the entire by-law, that is passed by the City.
Definition
(6) In
this section,
“approved
development” means a development application which has been given approval
under the Planning Act .
The Act is amended by adding the following section:
Authority
to grant assistance
82.1
(1) If the
Lieutenant Governor in Council considers that, despite
section 82, it is
necessary or desirable in the provincial interest to attract investment in
Ontario, the Lieutenant Governor in Council may make regulations authorizing
the City to grant assistance, directly or indirectly, to a specified
manufacturing business or other industrial or commercial enterprise during a
specified period, and governing the granting of the assistance, including,
(
a) setting
out the types of assistance that may be granted;
(
b) imposing
restrictions, limits or conditions on the granting of the assistance, including
providing that specified assistance may only be granted with respect to
specified areas within the City; and
(
c) specifying
conditions that must be met before the assistance may be granted.
Regulation
prevails
(2) In
the event of a conflict between a regulation made under subsection (1) and the Development Charges Act, 1997 , the regulation prevails.
Procedural
requirements inapplicable
(3) If
the City is authorized to grant assistance by a regulation made under
subsection (1), it is not required to comply with any procedural requirements
that would otherwise apply under the Building Code Act,
1992 and the Development Charges Act, 1997
in connection with the granting of a total or partial exemption from a levy,
charge or fee.
(1) Subsections 114 (4) and (4.1) of the Act are repealed and the
following substituted:
Consultations
(4) The
City shall permit applicants to consult with the City before submitting plans
and drawings for approval under subsection (5).
(2) Subsections
114 (4.6) and (4.7) of the Act are repealed and the following substituted:
Motion
re dispute
(4.6) At
any time after the applicant has begun to consult with the City before
submitting plans and drawings for approval under subsection (4) or after the
applicant has paid any fee required under
section 69 of the Planning Act , the applicant or the City may make a motion
for directions to have the Ontario Land Tribunal determine,
(
a) whether
the plans and drawings and the information and material have in fact been
provided; or
(
b) whether
a requirement made under subsection (4.3) is reasonable.
(3) Section
114 of the Act is amended by adding the following subsections:
Lapse
of approval
(11.1) Subject
to the regulations, in approving the plans and drawings referred to in
subsection (5), the authorized person referred to in subsection (5.1) may
provide that the approval lapses at the expiration of the time period specified
by the authorized person, in accordance with subsection (11.2), and the
approval shall lapse at the expiration of the time period. However, the
approval shall not lapse if, before it has lapsed, a permit is issued under
section 8 of the Building Code Act, 1992 to implement
the site plan approval.
Same,
time period
(11.2) For
the purposes of subsection (11.1), the time period specified by the authorized
person shall not,
(
a) be
less than such prescribed time period as may be applicable to the development;
(
b) exceed
such prescribed time period as may applicable to the development; or
(
c) be
less than three years, if a prescribed time period under clause (
a) or (
b) does
not apply with respect to the development.
Same,
approval
(11.3) Subject
to the regulations, if an authorized person has approved plans or drawings
referred to in subsection (5) before the day subsection 3 (3) of
Schedule 4 to
the Cutting Red Tape to Build More Homes Act, 2024
comes into force, the authorized person may provide that the approval lapses in
accordance with subsections (11.1) and (11.2) of this
section and, if the
authorized person does so, the City shall notify the owner of the land of the
change to the approval.
(4) Subsections
114 (14.1) to (14.3) of the Act are repealed.
(5) Section
114 of the Act is amended by adding the following subsections:
Same
— refund of fee
(21) Subject
to subsection (22), subsections (14.1) to (14.3), as they read immediately
before their repeal by subsection 3 (4) of
Schedule 4 to the Cutting Red Tape to Build More Homes Act, 2024 , continue
to apply to plans and drawings referred to in subsection (5) that are received
before the day subsection 3 (4) of
Schedule 4 to the Cutting
Red Tape to Build More Homes Act, 2024 comes into force.
Same
(22) If
the City has not approved the plans and drawings before the day subsection 3
(4) of
Schedule 4 to the Cutting Red Tape to Build More
Homes Act, 2024 comes into force, any refund of
fees required under subsection (14.1), as it read immediately before its
repeal, shall be determined as though an approval had been granted on that day.
Regulations
(23) The
Minister may make regulations,
(
a) prescribing
a development or one or more classes of development to which subsections
(11.1) and (11.2) do not apply;
(
b) prescribing
time periods for the purposes of clauses (11.2) (
a) or (b), including providing
for a specific time period that applies to a particular development or
providing for different time periods that apply with respect to different
classes of development;
(
c) prescribing
a development or one or more classes of development to which subsection
(11.3) does not apply.
The Act is amended by adding the following sections:
Non-application
of s. 113 or 114 — houses, etc. on a parcel of urban residential land
114.2 A regulation made for
the purposes of
section 49.3 of the Planning Act
may provide that
section 113 or 114 of this Act does not apply, or may set out
restrictions or limitations with respect to their application, to a house or
structure referred to in clause 49.3 (1) (
a) or (
b) of the Planning Act .
Non-application
of s. 113 or 114 — community service facilities
114.3 A regulation made for
the purposes of
section 62.0.3 of the Planning Act
may provide that
section 113 or 114 of this Act does not apply, or may set out
restrictions or limitations with respect to their application, to a class of
community service facilities that is prescribed for the purposes of
section
62.0.3 of the Planning Act and that meets such
requirements as may be prescribed for the purposes of that section.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 5
CORONERS ACT
Subsection 34 (2) of the Coroners Act is repealed
and the following substituted:
Same
(2) Upon
receipt of the warrant, the sheriff shall provide the list containing names of
persons in the number specified by the coroner, taken from the jury roll
prepared under the Juries Act , together with their
ages, places of residence, occupations and such other information as may be
prescribed.
Subsection 56 (2) of the Act is amended by adding the following clause:
(c.1) prescribing
information that shall be provided by the sheriff under subsection 34 (2);
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 6
DEVELOPMENT CHARGES ACT, 1997
(1) Subsection 5 (3) of the Development Charges
Act, 1997 is amended by adding the following paragraphs:
5. Costs
to undertake studies in connection with any of the matters referred to in
paragraphs 1 to 4.
6. Costs
of the development charge background study required under
section 10.
(2) Subsection
5 (3.1) of the Act is repealed.
(3) Paragraph
4 of subsection 5 (6) of the Act is repealed.
(4) Subsections
5 (7) to (9) of the Act are repealed and the following substituted:
Transition,
repeal of subss. (7) and (8)
(7) Subsections
(7) and (8) as they read immediately before the day subsection 1 (4) of
Schedule 6 to the Cutting Red Tape to Build More Homes
Act, 2024 came into force continue to apply to a development charge
imposed on or after November 28, 2022 and before the day subsection 1 (4) of
Schedule 6 to the Cutting Red Tape
to Build More Homes Act, 2024 came into force.
Same
(8) For
the purposes of subsection (7), a development charge is deemed to be imposed on
the day referred to in subsection 26.2 (1) that applies to the development
charge.
(1) Section 19 of the Act is amended by adding the following
subsections:
Amendments
to extend by-law
(1.1) Subsection
(1) does not apply to an amendment to a development charge by-law if the only
effect of the amendment is to repeal a provision specifying the date on which
the by-law expires or to amend such a provision to provide for the by-law to
expire on a later date.
Amendments
re subs. 5 (3)
(1.2) Subsection
(1) does not apply to an amendment to a development charge by-law if the
following conditions are satisfied:
1. The
development charge by-law being amended was passed on or after November 28,
2022 and before the day subsection 1 (1) of
Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into
force.
2. The
amendment is passed within six months after the day subsection 1 (1) of
Schedule 6 to the Cutting Red Tape to Build More Homes
Act, 2024 came into force.
3. The
only effect of the amendment is to impose development charges to pay for the capital
costs described in paragraphs 5 and 6 of subsection 5 (3) if development
charges are permitted under the Act.
Amendments
re subs. 5 (6)
(1.3) Subsection
(1) does not apply to an amendment to a development charge by-law if the
following conditions are satisfied:
1. The
development charge by-law being amended was passed on or after November 28,
2022 and before the day subsection 1 (3) of
Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into
force.
2. The
amendment is passed within six months after the day subsection 1 (3) of
Schedule 6 to the Cutting Red Tape to Build More Homes
Act, 2024 came into force.
3. The
only effect of the amendment is to change the rules developed pursuant to
paragraph 9 of subsection 5 (1) to increase a development charge imposed during
the first four years that the by-law is in force to the amount that could have
been charged if paragraph 4 of subsection 5 (6) had not been in force at the
time the by-law was passed.
Notice
(1.4) The
clerk of a municipality that passed an amendment referred to in subsection
(1.1), (1.2) or (1.3) shall give written notice of the passing of the amendment
and subsections 13 (2) to (4) apply, with necessary modifications, to the notice.
(2) Subsections
19 (1.2) to (1.4) of the Act, as enacted by subsection 2 (1), are repealed and
the following substituted:
Notice
(1.2) The
clerk of a municipality that passed an amendment referred to in subsection
(1.1) shall give written notice of the passing of the amendment and subsections
13 (2) to (4) apply, with necessary modifications, to the notice.
(1) Subsection 26.2 (5) of the Act is amended by striking out “the
prescribed amount of time” wherever it appears and substituting in each case
“18 months”.
(2) Section
26.2 of the Act is amended by adding the following subsection:
Same,
transition
(5.1) Subsection
(5) as it read before the day subsection 3 (1) of
Schedule 6 to the Cutting Red Tape to Build More Homes Act, 2024 came into
force continues to apply to a development in respect of which the application
referred to in clause (1) (
a) or (
b) was approved before the day subsection 3
(1) of
Schedule 6 to the Cutting Red Tape to Build More
Homes Act, 2024 came into force.
(3) Section
26.2 of the Act is amended by adding the following subsection:
Special
rule, City of Ottawa
(8) If
an application referred to in clause (1) (
a) or (
b) is made to the City of
Ottawa between May 14, 2024 and the day that is 15 days after the day
subsection 3 (3) of
Schedule 6 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force, the application shall be
deemed for the purposes of this
section to have been made on the day that is 16
days after the day subsection 3 (3) of
Schedule 6 to the Cutting
Red Tape to Build More Homes Act, 2024 comes into force.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Cutting Red Tape to Build
More Homes Act, 2024 receives Royal Assent.
(2) Subsection
2 (2) comes into force on the day that is 7 months after the day the Cutting Red Tape to Build More Homes Act, 2024 receives
Royal Assent.
SCHEDULE 7
HAZEL MCCALLION ACT (PEEL DISSOLUTION), 2023
The title of the Hazel McCallion Act (Peel Dissolution),
2023 is repealed and the following substituted:
Hazel
McCallion Act (Peel Restructuring), 2023
Section 2 of the Act is repealed.
(1) Paragraph 1 of subsection 3 (5) of the Act is repealed and the
following substituted:
1. Provide
recommendations to the Minister, by the date or dates directed by the Minister,
respecting the transfer of powers, responsibilities or jurisdiction from The
Regional Municipality of Peel with respect to the matters set out in subsection
(5.1), including recommendations with respect to,
i. transferring
assets of The Regional Municipality of Peel,
ii. assigning
liabilities, debt and other financial obligations of The Regional Municipality
of Peel,
iii. employment
matters, including pension and benefit obligations,
iv. the
allocation, governance, use and control of the powers, responsibilities or
jurisdiction that may be transferred, including whether other entities should
be established or other shared servicing arrangements would be advisable,
v. the
impact on any municipality that may be affected, and
vi. any
other matters that the board considers advisable or that the Minister may
direct.
(2) Section
3 of the Act is amended by adding the following subsection:
Same
(5.1) The
following are the matters for the purposes of paragraph 1 of subsection (5);
1. Land
use planning.
2. Water
and wastewater.
3. Storm
water.
4. Highways.
5. Waste
management.
(3) Subsection
3 (7) of the Act is amended by striking out “The members of the council” at the
beginning of the portion before clause (
a) and substituting “The members of the
councils”.
(4) Subsection
3 (13) of the Act is amended by adding “earlier or” before “later date”.
Section 5 of the Act is repealed and the following substituted:
Requirement
to consider public interest
The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton,
the Town of Caledon and their local boards shall, when considering entering
into any transaction, commitment or agreement before such date as may be
specified by the regulations, act in the public interest having regard to the
transfer of powers, responsibilities or jurisdiction from The Regional
Municipality of Peel with respect to the matters set out in subsection 3 (5.1),
including acting in a manner that does not unreasonably impact another
municipality.
Section 9 of the Act is repealed and the following substituted:
Limitation
on remedies
(1) No
cause of action arises against the Crown, the transition board, The Regional Municipality
of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon,
any current or former member of the Executive Council or any current or former
employee, officer or agent of or advisor to the Crown, the transition board or
The Regional Municipality of Peel, the City of Mississauga, the City of
Brampton or the Town of Caledon, as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, order,
direction or recommendation or other instrument under this Act;
(
c) the
provision of any advice or report provided under this Act;
(
d) anything
done or not done in accordance with this Act, or a regulation, order, direction
or recommendation or other instrument under this Act;
(
e) any
modification, revocation, cessation or termination of rights in real property,
contractual rights or other rights resulting from anything referred to in
clauses (
a) to (d); or
(
f) any
representation or other conduct that is related, directly or indirectly, to
anything referred to in clauses (
a) to (d), whether the representation or other
conduct occurred before or after this subsection came into force.
No remedy
(2) Except
as otherwise provided under this Act, no costs, compensation or damages,
including for loss of revenues or loss of profit, are owing or payable to any
person and no remedy, including but not limited to a remedy in contract,
restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any
equitable remedy or any remedy under any statute, is available to any person in
connection with anything referred to in subsection (1) against any person
referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsection
(3) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, injunction,
declaratory relief or the enforcement of a judgment, order or award made
outside Ontario.
Retrospective
effect
(5) Subsections
(1) to (3) apply regardless of whether the cause of action on which a
proceeding is purportedly based arose before, on or after the day
section 5 of
Schedule 7 to the Cutting Red Tape to Build More
Homes Act, 2024 comes into force.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
Aboriginal
or treaty rights
(7) This
section does not apply to a cause of action that arises from any aboriginal or
treaty right that is recognized and affirmed by
section 35 of the Constitution Act, 1982 .
expropriation or injurious affection
(8) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(9) This
section does not apply with respect to proceedings brought by the Crown.
Subsection 10 (1) of the Act is amended by adding the following clause:
(
d) specifying
a date for the purposes of
section 5 or specifying different dates that apply
in different circumstances.
Sections 11 and 12 and subsection 13 (2) of the Act are repealed.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 8
LINE FENCES ACT
(1) The definition of “appeals division” in subsection 1 (1) of the Line Fences Act is repealed.
(2) The
definition of “Minister” in subsection 1 (1) of the Act is amended by striking
out “Minister of Municipal Affairs and Housing” and substituting “Minister of
Agriculture, Food and Rural Affairs or such other member of the Executive Council
to whom responsibility for the administration of this Act is assigned or
transferred under the Executive Council Act ”.
(3) The
definition of “fence-viewers” in subsection 1 (2) of the Act is amended by
striking out “the owner or occupant” and substituting “the owner and occupant”.
(4) Subsection
1 (2) of the Act is amended by adding the following definition:
“in
which the land is situated” means in which is situated the land of the owner
and occupant notified under
section 4. (“où est situé le bien-fonds”)
(5) The
definition of “in which the land is situate” or “in which the land lies” in
subsection 1 (2) of the Act is repealed.
Section 3 of the Act is amended by striking out “construct and maintain” and
substituting “construct, maintain and keep up”.
Section 4 of the Act is repealed and the following substituted:
Owner
may request fence-viewers to view and arbitrate
(1) If
the owner of any land wishes to have a fence that marks the boundary between
their land and the land of an adjoining owner constructed, repaired or
reconstructed, the owner of the land may, using the prescribed form, notify the
clerk of the local municipality in which the land is situated that the owner
wishes fence-viewers to view and arbitrate what portion of the fence each owner
shall construct, reconstruct or repair and maintain and keep up.
Service
of notice
(2) When
the clerk of a municipality is notified under subsection (1), the clerk shall
serve notice, in the prescribed form,
(
a) on the owner mentioned in subsection (1), the adjoining
owner and the occupant of the land of the adjoining owner , that three
fence-viewers will meet to arbitrate on the day and at the location set out in
the notice; and
(
b) on
the fence viewers, that they are required to meet to arbitrate on the day and
location set out in the notice.
Same
(3) A
notice served under subsection (2) shall specify the following:
1. The
day of the arbitration which shall be not more than 30 days after the day the
clerk is deemed to have received notice under subsection (1) and at least one
week after the notice is deemed to be served under subsection (2).
2. The
location for the meeting for the arbitration.
Section 6 of the Act is repealed.
Section 7 of the Act is amended by striking out “The fence-viewers” and
substituting “Three fence-viewers”.
(1) Clause 8 (1) (
d) of the Act is amended by striking out “shall be
commenced and the date by which such work”.
(2) Subsection
8 (2) of the Act is amended by striking out “locality” and substituting “area”.
Section 9 of the Act is repealed and the following substituted:
Deposit
of award, etc.
(1) The
award of the fence-viewers shall be deposited in the office of the clerk of the
local municipality in which the land is situated and may be proved by a copy
certified by the clerk, and the clerk shall send a copy of the certified award
to the owners and occupants of the adjoining lands.
Where
land situated in different municipalities
(2) Where
the lands of the adjoining owners are situated in different local
municipalities, a clerk under subsection (1) shall, immediately upon the
deposit of an award in their office, send a copy which they have certified to
the clerks of all other municipalities in which the lands are situated.
(1) Subsection 10 (1) of the Act is amended by striking out “may
appeal therefrom to the referee for the appeals division” and substituting “may
appeal to the referee”, by striking out “in which the land is situate” and by
striking out “the owner or occupant” and substituting “the owner and occupant”.
(2) Subsection
10 (2) of the Act is repealed.
(3) Subsection
10 (3) of the Act is amended by striking out “forthwith notify the referee for
the appeals division of the appeal and the referee shall forthwith” and
substituting “immediately notify the referee and the referee shall immediately”.
(4) Subsection
10 (4) of the Act is amended by striking out “and a notice under this
subsection shall be served in the same manner as a notice under
section 4”.
(5) Subsections
10 (7) and (8) of the Act are repealed.
(6) Subsection
10 (9) of the Act is amended by striking out “by registered mail”.
(7) Subsection
10 (10) of the Act is amended by striking out “Treasurer of Ontario” and
substituting “Minister of Finance”.
(1) Subsection 11 (1) of the Act is amended by striking out “the
first adjoining owner or the occupant” and substituting “the first adjoining
owner and the occupant”.
(2) Subsection
11 (2) of the Act is repealed.
(3) Subsection
11 (6) of the Act is repealed and the following substituted:
Service
of notice of amount owing
(6) If
the award specifies that one adjoining owner shall pay to the designated
adjoining owner a portion of the costs of the work under subclause 8 (1) (b)
(ii), the designated adjoining owner shall serve notice of the amount owing in
accordance with the award on the other adjoining owner and the occupant of that
owner’s land, and if the amount is not paid within 28 days following the day on
which the service is deemed to be made, the designated adjoining owner may
institute proceedings to recover the amount and the costs of the proceedings
from the other adjoining owner.
(4) Subsection
11 (8) of the Act is repealed and the following substituted:
Notice
by clerk
(8) When
the clerk of a municipality is notified by an owner under subsection (7), the
clerk shall,
(
a) immediately
serve notice, in the prescribed form, on the owner and on the owner and any
occupant of the adjoining land that the fence-viewers will reattend at the
premises; and
(
b) serve
notice, in the prescribed form, on the fence-viewers at least one week before
their services are required.
(5) Subsection
11 (9) of the Act is repealed and the following substituted:
Same
(9) A
notice served under subsection (8) shall specify the following:
1. The
day the fence-viewers are required to reattend which shall be at least one week
after the notice is deemed to be served.
2. The
location for the reconvening of the fence-viewers.
(1) Subsection 12 (1) of the Act is amended by striking out “that
the adjoining owner or the occupant of the land of the adjoining owner was duly
notified under subsection 11 (1) or (6), as the case may be, and has failed”
and substituting “that the adjoining owner and the occupant of the land of the
adjoining owner were duly notified under subsection 11 (1) or (6), as the case
may be, and have failed” in the portion before clause (a).
(2) Clause
12 (1) (
a) of the Act is amended by striking out “where the adjoining owner or
the occupant of the land of the adjoining owner was notified” and substituting
“where the adjoining owner and the occupant of the land of the adjoining owner
were notified”.
(3) Clause
12 (1) (
b) of the Act is amended by striking out “where the adjoining owner or
the occupant of the land of the adjoining owner was notified” and substituting
“where the adjoining owner and the occupant of the land of the adjoining owner
were notified”.
(4) Subsection
12 (9) of the Act is amended by striking out “division” and substituting
“territorial division”.
(1) Subsection 13 (2) of the Act is amended by striking out “on the
adjoining owner or occupant” and substituting “on the adjoining owner and
occupant”.
(2) Subsection
13 (3) of the Act is amended by striking out “and shall be served by an owner
in the same manner as a notice to an owner or occupant is served by the clerk
under
section 4”.
(3) Subsection
13 (6) of the Act is amended by striking out “the date by which such action
shall commence, and”.
(4) Subsection
13 (7) of the Act is amended by striking out “to the adjoining owner or the
occupant” and substituting “to the adjoining owner and occupant”.
“construct, keep up and maintain” and substituting “construct, maintain and
keep up”.
Clause 21 (1) (
a) of the Act is repealed and the following substituted:
(
a) without
giving at least six months previous notice of the owner’s intention to the
owner and occupant of the adjacent land unless the owner or occupant, after
demand made upon the owner and occupant in writing by the owner of the fence,
refuses to pay therefor the sum determined as provided by
section 8; or
The Act is amended by adding the following section:
Service,
notification, etc.
22.1
(1) Anything
that is required to be served or sent and any notice that is required to be
given may be served, sent or given,
(
a) by
prepaid mail, certified mail, registered mail or commercial courier at the last
known address of the person who is to be served or sent a notice or document or
who is to be given notice; or
(
b) by
fax or electronic means, including email, at the last known number or
electronic address of the person who is to be served or sent a notice or
document or who is to be given notice.
Service,
notification, etc. by mail
(2) If
anything is served or sent and if any notice is given pursuant to clause (1)
(a), it is deemed to be served, sent or given on the fifth business day after
the day of mailing or on the third business day after the commercial courier
received the notice or document.
Service,
notification, etc. by fax or electronic means
(3) If
anything is served or sent and if any notice is given pursuant to clause (1)
(
b) after 4 p.m., it is deemed to be served, sent or given on the following
business day.
Section 26 of the Act is repealed and the following substituted:
Non-application
This
Act, except
section 20, does not apply to land in an area that is subject to a
by-law passed under subsection 98 (1) of the Municipal
Act, 2001 or subsection 109 (1) of the City of
Toronto Act, 2006 , as the case may be.
(1) Subsection 27 (1) of the Act is repealed.
(2) Subsection
27 (2) of the Act is repealed and the following substituted:
Appointment
of referee
(2) The
Minister shall appoint a referee for the purposes of this Act.
(3) Subsection
27 (3) of the Act is repealed and the following substituted:
Deputy
referees
(3) The
Minister may appoint one or more deputy referees for the purposes of this Act
and a deputy referee has the same powers and duties as a referee.
(4) Subsection
27 (4) of the Act is repealed.
(5) Subsection
27 (5) of the Act is repealed and the following substituted:
Assignment
of hearings
(5) A
deputy referee shall hear the appeals that are assigned to the deputy referee
by a referee.
Subsection 28 (2) of the Act is amended by striking out “stenographic and
other”.
Clause 30 (
b) of the Act is repealed.
Section 31 of the Act is amended by striking out “or a person designated by the
council under this Act for the purpose of giving notices”.
“situate” wherever it appears and substituting in each case “situated”.
(2) The
appears and substituting in each case “immediately”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 9
MUNICIPAL ACT, 2001
1 The Municipal Act, 2001
is amended by adding the following section:
Water
supply and sewage capacity
86.1
(1) Without
limiting sections 9, 10 and 11, a municipality may, by by-law, adopt a policy
providing for the allocation of water supply and sewage capacity, which may
include the following:
1. A system for tracking the water supply
and sewage capacity available to support approved developments.
2. The
criteria used to determine,
i. the
circumstances for when allocation of water supply and sewage capacity is
assigned to an approved development,
ii. the
circumstances for when the allocation of water supply and sewage capacity is
withdrawn, and
iii. the
circumstances for when an approved development, after having its allocation of
water supply and sewage capacity withdrawn, may be reallocated water supply and
sewage capacity.
Same
(2) A
by-law described in subsection (1) may provide that the policy set out in the
by-law applies to the entire municipality or applies differently to different
geographic areas within the municipality.
Determination
to be made by officer, etc.
(3) If
a municipality has passed a by-law described in subsection (1), the
administration of the policy must be assigned to an officer, employee or agent
of the municipality, and any decision made by that person under the policy must
be final.
Transition
(4) Subsection
(3) does not apply to a policy of a municipality that provides for any of the
things described in paragraph 2 of subsection (1) if the by-law setting out the
policy was passed before the day
section 1 of
Schedule 9 to the Cutting Red Tape to Build More Homes Act, 2024 comes into
force.
Regulations,
exemptions
(5) The
Minister may make regulations that exempt an approved development or a class of
approved developments from any provision of a by-law described in subsection
(1), or the entire by-law, that is passed by a municipality.
Definition
(6) In
this section,
“approved
development” means a development application which has been given approval
under the Planning Act .
The Act is amended by adding the following section:
Authority
to grant assistance
106.1
(1) If the
Lieutenant Governor in Council considers that, despite
section 106, it is
necessary or desirable in the provincial interest to attract investment in
Ontario, the Lieutenant Governor in Council may make regulations authorizing a
municipality to grant assistance, directly or indirectly, to a specified
manufacturing business or other industrial or commercial enterprise during a
specified period, and governing the granting of the assistance, including,
(
a) setting
out the types of assistance that may be granted;
(
b) imposing
restrictions, limits or conditions on the granting of the assistance, including
providing that specified assistance may only be granted with respect to
specified areas within the municipality; and
(
c) specifying
conditions that must be met before the assistance may be granted.
Regulation
prevails
(2) In
the event of a conflict between a regulation made under subsection (1) and the Development Charges Act, 1997 , the regulation prevails.
Procedural
requirements inapplicable
(3) If
a municipality is authorized to grant assistance by a regulation made under
subsection (1), it is not required to comply with any procedural requirements
that would otherwise apply under the Building Code Act,
1992 and the Development Charges Act, 1997
in connection with the granting of a total or partial exemption from a levy,
charge or fee.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 10
NIAGARA PARKS ACT
(1) Subsection 3 (2) of the Niagara Parks Act
is amended by striking out “annually” wherever it appears.
(2) Section
3 of the Act is amended by adding the following subsection:
Term
of office
(3) The
members appointed under clauses (2) (
b) to (
e) shall hold office for a term
determined by the council that appointed them and any such term shall not
exceed the term of the council that appointed them.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 11
ONTARIO ENERGY BOARD ACT, 1998
Subsection 90 (2) of the Ontario Energy Board Act, 1998
is repealed and the following substituted:
Exception
(2) Subsection
(1) applies to the relocation or reconstruction of a hydrocarbon line only if
the conditions prescribed by the regulations are met.
Subsection 92 (2) of the Act is repealed and the following substituted:
Exception
(2) Subsection
(1) applies to the relocation or reconstruction of an existing electricity
transmission line or electricity distribution line or interconnection where no
expansion or reinforcement is involved only if the acquisition of additional
land or authority to use additional land is necessary.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
SCHEDULE 12
PLANNING ACT
(1) The definition of “public body” in subsection 1 (1) of the Planning Act is amended by striking out “a local board, a
ministry” and substituting “a local board, a hospital as defined in
section 1
of the Public Hospitals Act , a ministry”.
(2) The
definition of “specified person” in subsection 1 (1) of the Act is amended by
striking out “or” at the end of clause (
g) and by adding the following clauses:
(
i) NAV
Canada,
(
j) the
owner or operator of an airport as defined in subsection 3 (1) of the Aeronautics Act (Canada) if a zoning regulation under
section 5.4 of that Act has been made with respect to lands adjacent to or in
the vicinity of the airport and if any part of those lands is within the area
to which the relevant planning matter would apply,
(
k) a
licensee or permittee in respect of a site, as those terms are defined in
subsection 1 (1) of the Aggregate Resources Act , if
any part of the site is within 300 metres of any part of the area to which the
relevant planning matter would apply,
(
l) the
holder of an environmental compliance approval to engage in an activity
mentioned in subsection 9 (1) of the Environmental
Protection Act if any of the lands on which the activity is undertaken
are within an area of employment and are within 300 metres of any part of the
area to which the relevant planning matter would apply, but only if the holder
of the approval intends to appeal the relevant decision or conditions, as the
case may be, on the basis of inconsistency with land use compatibility policies
in any policy statements issued under
section 3 of this Act,
(
m) a
person who has registered an activity on the Environmental Activity and Sector
Registry that would, but for being prescribed for the purposes of subsection
20.21 (1) of the Environmental Protection Act ,
require an environmental compliance approval in accordance with subsection 9
(1) of that Act if any of the lands on which the activity is undertaken are
within an area of employment and are within 300 metres of any part of the area
to which the relevant planning matter would apply, but only if the person
intends to appeal the relevant decision or conditions, as the case may be, on the
basis of inconsistency with land use compatibility policies in any policy
statements issued under
section 3 of this Act, or
(
n) the
owner of any land described in clause (k), (
l) or (m);
(3) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act is repealed and the following substituted:
“upper-tier
municipality without planning responsibilities” means any of the following
upper-tier municipalities:
1. The
Regional Municipality of Halton.
2. The
Regional Municipality of Peel.
3. The
Regional Municipality of York.
4. Any
other upper-tier municipality that is prescribed under subsection (6);
(“municipalité de palier supérieur sans responsabilités en matière
d’aménagement”)
(4) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by
adding the following paragraph:
0.1 The
County of Simcoe.
(5) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by
adding the following paragraph:
0.2 The
Regional Municipality of Durham.
(6) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by
adding the following paragraph:
1.1 The
Regional Municipality of Niagara.
(7) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act, as re-enacted by subsection (3), is amended by
adding the following paragraph:
2.1 The
Regional Municipality of Waterloo.
(8) Paragraphs
1 and 2 of subsection 1 (4.1) of the Act are amended by striking out “Paragraph
1” wherever it appears and substituting “Paragraph 1.1”.
(9) Paragraph
5 of subsection 1 (4.1) of the Act is amended by striking out “Paragraph 2” at
the beginning and substituting “Paragraph 2.1”.
(10) Subsection
1 (4.4) of the Act is repealed and the following substituted:
Transition
(4.4) Despite
subsection (4.3), an upper-tier municipality without planning responsibilities
that was a party to an appeal under a provision listed in subsection (4.3) on
the day before the effective date, as defined in subsection 70.13 (1) in
respect of the municipality, may continue as a party to the appeal after that
date until the final disposition of the appeal, unless the appeal is deemed to
be dismissed by application of subsection 17 (24.0.2) or (36.0.2), 34 (19.0.0.2),
45 (1.2) or 53 (19.2) or (27.0.2).
Section 16 of the Act is amended by adding the following subsections:
Restriction,
parking facilities
(22) No
official plan may contain any policy that has the effect of requiring an owner
or occupant of a building or structure to provide and maintain parking
facilities, other than parking facilities for bicycles, on land that is not
part of a highway and that is located within,
(
a) a
protected major transit station area identified in accordance with subsection
(15) or (16);
(
b) an
area delineated in the official plan of the municipality surrounding and
including an existing or planned higher order transit station or stop, within
which area the official plan policies identify the minimum number of residents
and jobs, collectively, per hectare that are planned to be accommodated, but
only if those policies are required to be included in the official plan to
conform with a provincial plan or be consistent with a policy statement issued
under subsection 3 (1); or
(
c) any
other area prescribed for the purposes of this clause.
Policy
of no effect
(23) A
policy in an official plan is of no effect to the extent that it contravenes
subsection (22).
Same
(24) No
official plan may contain any policy that has the effect of requiring an owner
or occupant of a building or structure to provide and maintain parking
facilities, other than parking facilities for bicycles, containing more than
the prescribed number of parking spaces on land that is not part of a highway
and that is located within an area prescribed for the purposes of this
subsection, and if a policy does so, the official plan is deemed to be amended
to be consistent with this subsection.
(1) Paragraph 1 of subsection 17 (24) of the Act is repealed and the
following substituted:
1. A
specified person who, before the plan was adopted, made oral submissions at a
public meeting or written submissions to the council.
1.1 A
public body that, before the plan was adopted, made oral submissions at a
public meeting or written submissions to the council.
1.2 The
registered owner of any land to which the plan would apply, if, before the plan
was adopted, the owner made oral submissions at a public meeting or written
submissions to the council.
(2) Section
17 of the Act is amended by adding the following subsections:
Transition
(24.0.1) For
greater certainty, subsection (24), as it reads on the day subsection 3 (1) of
Schedule 12 to the Cutting Red Tape to Build More Homes
Act, 2024 comes into force, applies to an appeal on and after that day
even if the giving of notice under subsection (23) of this
section is completed
before that day.
Same,
retroactive effect
(24.0.2) An
appeal under subsection (24) made before the day subsection 3 (1) of
Schedule 12
to the Cutting Red Tape to Build More Homes Act, 2024
comes into force by a person or public body not described in paragraph 1, 1.1,
1.2, 2, 3 or 4 of subsection (24) of this
section as it reads on the day
subsection 3 (1) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force shall be deemed to have been
dismissed on that day unless,
(
a) a
hearing on the merits of the appeal had been scheduled before April 10, 2024;
(
b) a
notice of appeal was filed by a person or public body listed in paragraph 1,
1.1, 1.2, 2, 3 or 4 of subsection (24) of this
section as it reads on the day
subsection 3 (1) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force in respect of the same plan
to which the appeal relates.
Same,
hearing on the merits
(24.0.3) For
the purposes of clause (24.0.2) (a), a hearing on the merits of an appeal is
considered to be scheduled on the date on which the Tribunal first orders the
hearing to be scheduled, and is not affected by an adjournment or rescheduling
of the hearing.
Same
(24.0.4) For
greater certainty, a hearing on the merits of an appeal does not include
mediation or any other dispute resolution process, settlement negotiations, a
case management conference or any other step in the appeal that precedes such a
hearing.
(3) Paragraph
1 of subsection 17 (36) of the Act is repealed and the following substituted:
1. A
specified person who, before the plan was adopted, made oral submissions at a
public meeting or written submissions to the council.
1.1 A
public body that, before the plan was adopted, made oral submissions at a
public meeting or written submissions to the council.
1.2 The
registered owner of any land to which the plan would apply, if, before the plan
was adopted, the owner made oral submissions at a public meeting or written
submissions to the council.
(4) Section
17 of the Act is amended by adding the following subsections:
Transition
(36.0.1) For
greater certainty, subsection (36), as it reads on the day subsection 3 (3) of
Schedule 12 to the Cutting Red Tape to Build More Homes
Act, 2024 comes into force, applies to an appeal on and after that day
even if the giving of notice under subsection (35) of this
section is completed
before that day.
Same,
retroactive effect
(36.0.2) An
appeal under subsection (36) made before the day subsection 3 (3) of
Schedule 12
to the Cutting Red Tape to Build More Homes Act, 2024
comes into force by a person or public body not described in paragraph 1, 1.1,
1.2, 2 or 3 of subsection (36) of this
section as it reads on the day
subsection 3 (3) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force shall be deemed to have been
dismissed on that day unless,
(
a) a
hearing on the merits of the appeal had been scheduled before April 10, 2024;
(
b) a
notice of appeal was filed by a person or public body listed in paragraph 1,
1.1, 1.2, 2 or 3 of subsection (36) of this
section as it reads on the day
subsection 3 (3) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force in respect of the same
decision to which the appeal relates.
Same,
hearing on the merits
(36.0.3) For
the purposes of clause (36.0.2) (a), a hearing on the merits of an appeal is
considered to be scheduled on the date on which the Tribunal first orders the
hearing to be scheduled, and is not affected by an adjournment or rescheduling
of the hearing.
Same
(36.0.4) For
greater certainty, a hearing on the merits of an appeal does not include
mediation or any other dispute resolution process, settlement negotiations, a
case management conference or any other step in the appeal that precedes such a
hearing.
(1) Subsection 22 (2.1.3) of the Act is repealed and the following
substituted:
request for amendment re protected major transit station area policies
(2.1.3) Subject
to subsection (2.1.4), if a protected major transit station area is identified
in an official plan in accordance with subsection 16 (15) or (16), no person or
public body shall request an amendment in respect of any of the policies
described in that subsection in respect of that area.
Exception
(2.1.4) Subsection
(2.1.3) does not apply in respect of the policies described in clause 16 (15)
(
b) or in subclause 16 (16) (b) (i).
(2) Subsection
22 (3.1) of the Act is repealed and the following substituted:
Consultation
(3.1) The
council or planning board shall permit applicants to consult with the
municipality or planning board, as the case may be, before submitting requests
under subsection (1) or (2).
(3) Subsections
22 (6.2) and (6.3) of the Act are repealed and the following substituted:
Motion
re dispute
(6.2) At
any time after the person or public body has begun to consult with the
municipality or planning board before submitting a request under subsection
(1) or (2) or after the person or public body has paid any fee required under
section 69, the person or public body or the council or planning board may make
a motion for directions to have the Tribunal determine,
(
a) whether
the information and material have in fact been provided; or
(
b) whether
a requirement made under subsection (5) is reasonable.
(4) Clause
22 (7.2) (
a) of the Act is repealed and the following substituted:
(
a) alter
all or any part of the boundary of an area of settlement in a municipality if,
as a result of the alteration, any land in the Greenbelt Area, within the
meaning of the Greenbelt Act, 2005 , would be
included in the area of settlement;
(1) Paragraph 6 of subsection 34 (1) of the Act is amended by
striking out “For requiring” at the beginning and substituting “Subject to
subsection (1.1), for requiring”.
(2) Section
34 of the Act is amended by adding the following subsections:
Restriction, parking facilities
(1.1) Despite
paragraph 6 of subsection (1), a zoning by-law may not require an owner or
occupant of a building or structure to provide and maintain parking facilities,
other than parking facilities for bicycles, on land that is not part of a highway
and that is located within,
(
a) a
protected major transit station identified in accordance with subsection 16
(15) or (16);
(
b) an
area delineated in the official plan of the municipality surrounding and
including an existing or planned higher order transit station or stop, within
which area the official plan policies identify the minimum number of residents
and jobs, collectively, per hectare that are planned to be accommodated, but
only if those policies are required to be included in the official plan to
conform with a provincial plan or be consistent with a policy statement issued
under subsection 3 (1); or
(
c) any
other area prescribed for the purposes of clause 16 (22) (c).
Provisions
of no effect
(1.2) A
provision of a by-law passed under this
section or an order made under clause
47 (1) (
a) is of no effect to the extent that it contravenes a restriction
described in subsection (1.1) of this section.
Same
(1.3) Despite
paragraph 6 of subsection (1), a zoning by-law may not require an owner or
occupant of a building or structure to provide and maintain parking facilities,
other than parking facilities for bicycles, containing more than the number of
parking spaces prescribed for the purposes of subsection 16 (24) on land that
is not part of a highway and that is located within an area prescribed for the
purposes of that subsection, and if a by-law does so, the by-law is deemed to
be amended to be consistent with this subsection.
(3) Subsection
34 (10.0.1) of the Act is repealed and the following substituted:
Consultation
(10.0.1) The
council shall permit applicants to consult with the municipality before
submitting applications to amend by-laws passed under this section.
(4) Subsections
34 (10.5) and (10.6) of the Act are repealed and the following substituted:
Motion
re dispute
(10.5) At
any time after the person or public body has begun to consult with the
municipality before submitting an application to amend a by-law passed under
this
section or after the person or public body has paid any fee required under
section 69, the person or public body or the council may make a motion for
directions to have the Tribunal determine,
(
a) whether
the information and material have in fact been provided; or
(
b) whether
a requirement made under subsection (10.2) is reasonable.
(5) Subsections
34 (10.12) to (10.14) of the Act are repealed.
(6) Clause
34 (11.0.4) (
a) of the Act is repealed and the following substituted:
(
a) an
alteration to all or any part of the boundary of an area of settlement if, as a
result of the alteration, any land in the Greenbelt Area within the meaning of
the Greenbelt Act, 2005 , is or would be included in
the area of settlement; or
(7) Paragraph
2 of subsection 34 (19) of the Act is repealed and the following substituted:
2. A
specified person who, before the by-law was passed, made oral submissions at a
public meeting or written submissions to the council.
2.1 A
public body that, before the by-law was passed, made oral submissions at a
public meeting or written submissions to the council.
2.2 The
registered owner of any land to which the by-law would apply, if, before the
by-law was passed, the owner made oral submissions at a public meeting or
written submissions to the council.
(8) Section
34 of the Act is amended by adding the following subsections:
Transition
(19.0.0.1) For
greater certainty, subsection (19), as it reads on the day subsection 5 (7) of
Schedule 12 to the Cutting Red Tape to Build More Homes
Act, 2024 comes into force, applies to an appeal on and after that day
even if the giving of notice under subsection (18) of this
section is completed
before that day.
Same,
retroactive effect
(19.0.0.2) An
appeal under subsection (19) made before the day subsection 5 (7) of
Schedule 12
to the Cutting Red Tape to Build More Homes Act, 2024
comes into force by a person or public body not described in paragraph 1, 2,
2.1, 2.2 or 3 of subsection (19) of this
section as it reads on the day
subsection 5 (7) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force shall be deemed to have been
dismissed on that day unless,
(
a) a
hearing on the merits of the appeal had been scheduled before April 10, 2024;
(
b) a
notice of appeal was filed by a person or public body listed in paragraph 1, 2,
2.1, 2.2 or 3 of subsection (19) of this
section as it reads on the day
subsection 5 (7) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force of this
section in respect
of the same by-law to which the appeal relates.
Same,
hearing on the merits
(19.0.0.3) For
the purposes of clause (19.0.0.2) (a), a hearing on the merits of an appeal is
considered to be scheduled on the date on which the Tribunal first orders the
hearing to be scheduled, and is not affected by an adjournment or rescheduling
of the hearing.
Same
(19.0.0.4) For
greater certainty, a hearing on the merits of an appeal does not include
mediation or any other dispute resolution process, settlement negotiations, a
case management conference or any other step in the appeal that precedes such a
hearing.
(9) Section
34 of the Act is amended by adding the following subsections:
Transition
— refund of fees
(35) Subject
to subsection (36), subsections (10.12) to (10.14), as they read immediately
before their repeal by subsection 5 (5) of
Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 , continue
to apply to an application received before the day subsection 5 (5) of
Schedule
12 to the Cutting Red Tape to Build More Homes Act, 2024
comes into force.
Same
(36) If
a decision in respect of an application has not been made by the municipality
before the day subsection 5 (5) of
Schedule 12 to the Cutting
Red Tape to Build More Homes Act, 2024 comes into force, any refund of
fees required under subsection (10.12) of this section, as it read immediately
before its repeal, shall be determined as though a decision had been made on
that day.
Section 34.1 of the Act is repealed and the following substituted:
Transition,
orders under former s. 34.1
34.1 An order made by the
Minister under subsection 34.1 (9), as it read immediately before the day
section 6 of
Schedule 12 to the Cutting Red Tape to Build
More Homes Act, 2024 comes into force, shall be deemed for all purposes,
except for the purposes of
section 24 of this Act, to be and to always have
been a by-law passed by the council of the municipality in which the land is
situate.
Subsection 35.1 (2) of the Act is repealed and the
following substituted:
Regulations
(2) The
Minister may make regulations establishing requirements and standards with
respect to,
(
a) a
residential unit in a detached house, semi-detached house or rowhouse on a
parcel of land on which residential use, other than ancillary residential use,
is permitted, which residential unit is not the primary residential unit;
(
b) a
residential unit in a building or structure ancillary to a detached house,
semi-detached house or rowhouse on a parcel of land on which residential use,
other than ancillary residential use, is permitted;
(
c) a
parcel of land on which a residential unit described in clause (
a) or (
b) is
located; or
(
d) a
building or structure within which a residential unit described in clause (
a) or (
b) is located.
Same
(2.1) A
regulation made under clause (2) (
c) ceases to apply to a parcel of land if,
after alteration or demolition of a building or structure on the parcel, no
units described in clause (2) (
a) or (
b) remain on the parcel.
Same
(2.2) A
regulation under clause (2) (
d) ceases to apply to a building or structure if,
after alteration of the building or structure, no units described in clause (2)
(
a) or (
b) remain within the building or structure.
(1) Subsections 41 (3.1) and (3.2) of the Act are repealed and the
following substituted:
Consultation
(3.1) The
municipality shall permit applicants to consult with the municipality before
submitting plans and drawings for approval under subsection (4).
(2) Subsections
41 (3.7) and (3.8) of the Act are repealed and the following substituted:
Motion
re dispute
(3.7) At
any time after the applicant has begun to consult with the municipality before
submitting plans and drawings for approval under subsection (4) or after the
applicant has paid any fee required under
section 69, the applicant or municipality
may make a motion for directions to have the Tribunal determine,
(
a) whether
the plans and drawings and the information and material have in fact been
provided; or
(
b) whether
a requirement made under subsection (3.4) is reasonable.
(3) Section
41 of the Act is amended by adding the following subsections:
Lapse
of approval
(7.1) Subject
to the regulations, in approving the plans and drawings referred to in
subsection (4), the authorized person referred to in subsection (4.0.1) may
provide that the approval lapses at the expiration of the time period specified
by the authorized person, in accordance with subsection (7.2), and the approval
shall lapse at the expiration of the time period. However, the approval shall
not lapse if, before it has lapsed, a permit is issued under
section 8 of the Building Code Act, 1992 to implement the site plan
approval.
Same,
time period
(7.2) For
the purposes of subsection (7.1), the time period specified by the authorized
person shall not,
(
a) be
less than such prescribed time period as may be applicable to the development;
(
b) exceed
such prescribed time period as may applicable to the development; or
(
c) be
less than three years, if a prescribed time period under clause (
a) or (
b) does
not apply with respect to the development.
Same,
approval
(7.3) Subject
to the regulations, if an authorized person has approved plans or drawings
referred to in subsection (4) before the day subsection 8 (3) of
Schedule 12 to
the Cutting Red Tape to Build More Homes Act, 2024
comes into force, the authorized person may provide that the approval lapses in
accordance with subsections (7.1) and (7.2) of this
section and, if the
authorized person does so, the municipality shall notify the owner of the land
of the change to the approval.
(4) Subsections
41 (11.1) to (11.3) of the Act are repealed.
(5) Section
41 of the Act is amended by adding the following subsections:
Same
— refund of fee
(15.4) Subject
to subsection (15.5), subsections (11.1) to (11.3), as they read immediately
before their repeal by subsection 8 (4) of
Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 , continue
to apply to plans and drawings referred to in subsection (4) that are received
before the day subsection 8 (4) of
Schedule 12 to the Cutting
Red Tape to Build More Homes Act, 2024 comes into force.
Same
(15.5) If
the municipality has not approved the plans and drawings before the day
subsection 8 (4) of
Schedule 12 to the Cutting Red Tape to
Build More Homes Act, 2024 comes into force, any refund of fees required
under subsection (11.1) of this section, as it read immediately before its
repeal, shall be determined as though an approval had been granted on that day.
The Act is amended by adding the following section:
Non-application
Part V, etc.
49.3
(1) The
regulations may provide that any provision of this Part or of a regulation made
under
section 70.2 does not apply, or may set out restrictions or limitations
with respect to its application, to a,
(
a) detached
house, semi-detached house or rowhouse, including a detached house,
semi-detached house or rowhouse containing an additional residential unit, that
is located on a parcel of urban residential land and that meets such criteria
as may be prescribed; or
(
b) structure
ancillary to a detached house, semi-detached house or rowhouse referred to in
clause (
a) that meets such criteria as may be prescribed.
Conflicts
(2) A
regulation made for the purposes of this
section prevails over the provisions
of any other Act that are specified in the regulation.
(1) Subsection 51 (16.1) of the Act is repealed and the following
substituted:
Consultation
(16.1) The
approval authority shall permit applicants to consult with it before submitting
applications under subsection (16).
(2) Subsections
51 (19.2) and (19.3) of the Act are repealed and the following substituted:
Motion
re dispute
(19.2) At
any time after the applicant has begun to consult with the approval authority
before submitting an application under subsection (16) or after the applicant
has paid any fee required under
section 69, the applicant or the approval authority
may make a motion for directions to have the Tribunal determine,
(
a) whether
the information and material have in fact been provided; or
(
b) whether
a requirement made under subsection (18) is reasonable.
(3) Subsection
51 (32) of the Act is repealed and the following substituted:
Lapse
of approval
(32) Subject
to the regulations, in giving approval to a draft plan of subdivision, the
approval authority shall provide that the approval lapses at the expiration of
the time period specified by the approval authority, in accordance with subsection
(32.1), and the approval shall lapse at the expiration of the time period, but,
if there is an appeal under subsection (39), the time period specified for the
lapsing of approval does not begin until the date the Tribunal’s decision is
issued in respect of the appeal or from the date of a notice issued by the
Tribunal under subsection (51).
Same,
time period
(32.1) For
the purposes of subsection (32), the time period specified by the approval
authority shall not,
(
a) be less than such prescribed time period
as may be applicable to the development;
(
b) exceed
such prescribed time period as may applicable to the development; or
(
c) be
less than three years, if a prescribed time period under clause (
a) or (
b) does
not apply with respect to the development.
(4) Section
51 of the Act is amended by adding the following subsections:
Approvals
given on or before March 27, 1995
(33.4) If an approval to a draft
plan of subdivision was given on or before March 27, 1995, the approval lapses
at the expiration of the third anniversary of the day subsection 10 (4) of
Schedule 12 to the Cutting Red Tape to Build More
Homes Act, 2024 comes into force. However, if there is an outstanding
appeal under subsection (43) or (48) of this
section in respect of a condition
to the approval of the plan on the day subsection 10 (4) of
Schedule 12 to the
Cutting Red Tape to Build More Homes Act, 2024
comes into force, or such an appeal is commenced after that day and before the
third anniversary of that day, the approval lapses on the third anniversary of
the day that all appeals are withdrawn or the Tribunal has finally disposed of
all of those appeals.
Same
(33.5) For
clarity, subsections (33), (33.1) and (39) do not apply in respect of the
lapsing of an approval described in subsection (33.4).
The Act is amended by adding the following sections:
Undertakings
of post-secondary institutions
62.0.2
(1) Except
as otherwise prescribed, an undertaking of a post-secondary institution
described in subsection (2) for the objects of the institution is not subject
to this Act or to
section 113 or 114 of the City of
Toronto Act, 2006 .
Same
(2) Subsection
(1) applies to the following post-secondary institutions:
1. Publicly-assisted
universities, as defined in
section 1 of the Ministry of
Training, Colleges and Universities Act , except as otherwise prescribed.
2. Colleges
and universities federated or affiliated with a publicly-assisted university
referred to in paragraph 1, except as otherwise prescribed.
Exception,
Greenbelt Area
(3) Subsection
(1) does not apply to an undertaking on any land in the Greenbelt Area.
Non-application
of Act — community service facilities
Interpretation
62.0.3
(1) In this
section,
“community
service facility” includes,
(
a) an
undertaking of a board, as defined in subsection 1 (1) of the Education Act ;
(
b) a
long-term care home as defined in subsection 2 (1) of the Fixing
Long-Term Care Act, 2021 ; and
(
c) a
hospital as defined in
section 1 of the Public Hospitals
Act .
Non-application
to community service facilities
(2) The
regulations may provide that any provision of this Act or a regulation made
under
section 70.2 does not apply, or may set out restrictions or limitations
with respect to its application, to a prescribed class of community service
facilities that meets such requirements as may be prescribed.
Conflicts
(3) A
regulation made for the purposes of this
section prevails over the provisions
of any other Act that are specified in the regulation.
(1) Section 70 of the Act is amended by adding the following clause:
(
i) for
the purposes of
section 49.3,
(
i) prescribing
any provision of
Part V or of a regulation made under
section 70.2,
(ii) setting
out restrictions or limitations with respect to the application of a provision
referred to in subclause (i),
(iii) prescribing
criteria in respect of a detached house, semi-detached house, rowhouse or
ancillary structure.
(2) Section
70 of the Act is amended by adding the following clause:
(
j) for
the purposes of subsection 62.0.3 (2),
(
i) prescribing
a class of community service facilities,
(ii) prescribing
any provision of this Act or of a regulation made under
section 70.2,
(iii) setting
out restrictions or limitations with respect to the application of a provision
referred to in subclause (i),
(iv) prescribing
requirements that a class of community service facilities must meet.
(3) Section
70 of the Act is amended by adding the following subsection:
(2) A
regulation under clause 70 (
i) does not apply to any land in the Greenbelt Area
within the meaning of the Greenbelt Act, 2005 .
(4) Section
70 of the Act is amended by adding the following subsection:
Non-application
in Greenbelt Area
(3) A
regulation under clause 70 (
j) does not apply to any land in the Greenbelt Area
within the meaning of the Greenbelt Act, 2005 .
(1) Paragraph 23.2 of subsection 70.1 (1) of the Act is repealed.
(2) Subsection
70.1 (1) of the Act is amended by adding the following paragraphs:
24.2 prescribing
a development or one or more classes of development to which subsections 41
(7.1) and (7.2) do not apply;
24.3 prescribing
time periods for the purposes of clauses 41 (7.2) (
a) and (b), including
providing for a specific time period that applies to a particular development
or providing for different time periods that apply with respect to different
classes of development;
24.4 prescribing
a development or one or more classes of development to which subsection 41
(7.3) does not apply;
. . . .
26.1 prescribing
a development or one or more classes of development to which subsections 51 (32) and (32.1) do not apply;
26.2 prescribing
a development or one or more classes of development to which an approval
authority is not permitted to provide for the lapsing of an approval under
subsection 51 (32);
26.3 prescribing
time periods for the purposes of clauses 51 (32.1) (
a) and (b), including
providing for a specific time period that applies to a particular development
or providing for different time periods that apply with respect to different
classes of development;
26.4 prescribing
a development or one or more classes of development to which subsection 51
(33.4) does not apply;
Section 70.3 of the Act is repealed.
(1) The
definition of “effective date” in subsection 70.13 (1) of the Act is repealed
and the following substituted:
“effective
date” means,
(
a) in
respect of an upper-tier municipality referred to in paragraphs 1, 2 and 3 of
the definition of “upper-tier municipality without planning responsibilities”
in subsection 1 (1), the day on which subsection 15 (1) of
Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into
force, and
(
b) in
respect of an upper-tier municipality prescribed under subsection 1 (6) as an
upper-tier municipality without planning responsibilities, the day on which the
regulation prescribing the upper-tier municipality as such comes into force.
(2) The
definition of “effective date” in subsection 70.13 (1) of the Act, as
re-enacted by subsection (1), is amended by adding the following clause:
(a.1) in
respect of an upper-tier municipality referred to in paragraph 0.1 of the
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 15 (2) of
Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into
force,
(3) The
definition of “effective date” in subsection 70.13 (1) of the Act, as
re-enacted by subsection (1), is amended by adding the following clause:
(a.2) in
respect of an upper-tier municipality referred to in paragraph 0.2 of the
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 15 (3) of
Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into
force,
(4) The
definition of “effective date” in subsection 70.13 (1) of the Act, as
re-enacted by subsection (1), is amended by adding the following clause:
(a.3) in
respect of an upper-tier municipality referred to in paragraph 1.1 of the
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 15 (4) of
Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into
force,
(5) The
definition of “effective date” in subsection 70.13 (1) of the Act, as
re-enacted by subsection (1), is amended by adding the following clause:
(a.4) in
respect of an upper-tier municipality referred to in paragraph 2.1 of the
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 15 (5) of
Schedule 12 of the Cutting Red Tape to Build More Homes Act, 2024 comes into
force,
Conservation
Authorities Act
(1) Clause 28.1.2 (1) (
a) of the Conservation
Authorities Act is amended by striking out “under
section 34.1 or 47”
and substituting “under
section 47”.
(2) Subsection
28.1.2 (20) of the Act is amended by striking out “under
section 34.1 or 47”
and substituting “under
section 47”.
Helping
Homebuyers, Protecting Tenants Act, 2023
Subsections 1 (8) to (10) of
Schedule 6 to the Helping
Homebuyers, Protecting Tenants Act, 2023 are repealed.
More
Homes Built Faster Act, 2022
Subsection 25 (2) of
Schedule 9 to the More Homes Built
Faster Act, 2022 is repealed and the following substituted:
(2) Section
7, subsections 10 (2) and (4), 12 (2), (3), (9) and (15) and 18 (2), (3) and
(7) and
section 22 come into force on a day to be named by proclamation of the
Lieutenant Governor.
(2.1) Subsections
1 (2), (5) and (6), sections 2 and 3, subsections 4 (2) and (3), 5 (1) to (5),
8 (4), 11 (5) and (6), 16 (2) and (3) and 17 (2) and (3) and sections 20, 21
and 23 come into force on the later of July 1, 2024 and the day the Cutting Red Tape to Build More Homes Act, 2024 receives
Royal Assent.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Cutting Red Tape to Build
More Homes Act, 2024 receives Royal Assent.
(2) Subsections
1 (3) and (10) and 15 (1) come into force on the later of July 1, 2024 and the
day the Cutting Red Tape to Build More Homes Act, 2024
receives Royal Assent.
(3) Subsections
1 (4) to (7),
section 9 and subsections 12 (1) and (3) and 15 (2) to (5) come
into force on a day to be named by proclamation of the Lieutenant Governor.
SCHEDULE 13
POET LAUREATE OF ONTARIO ACT (IN MEMORY OF GORD DOWNIE), 2019
Subclause 2 (a) (iii) of the Poet Laureate of Ontario Act
(In Memory of Gord Downie), 2019 is amended by striking out “the
Province of Ontario Council for the Arts” and substituting “the Ontario Arts
Council”.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 14
REDEEMER REFORMED CHRISTIAN COLLEGE ACT, 1998
(1) Subsection 4 (2) of the Redeemer Reformed
Christian College Act, 1998 is repealed and the following substituted:
(2) The
board shall be composed of not fewer than 11 and not more than 15 persons, as
determined by the supporting members, who shall be elected by the supporting
members from among the supporting members.
(2) Subsection
4 (12) of the Act is repealed and the following substituted:
(12) Where
a vacancy occurs for any reason among the members of the board, the board in
its sole discretion shall determine whether the vacancy is to be filled and the
board shall elect a supporting member to fill the vacancy until the next annual
meeting of the supporting members.
The Act is amended by adding the following section:
Existing
elected members continue
6.1
(1) Any
person who was a member of the board immediately before the day the Cutting Red Tape to Build More Homes Act, 2024 receives
Royal Assent shall continue as a member of the board until the expiration of
the term for which they were elected or until the office otherwise becomes
vacant.
(2) Despite
subsection 4 (12), if there are more than 15 members of the board who continue
as members of the board under subsection (1), no vacancy shall be filled until
the total number of elected members is fewer than 15.
Subsection 5 (2) of the Act is amended by adding the following clause:
(a.1) subject
to subsections 4 (2), (7), (8) and (9), set additional requirements by by-law
with respect to the composition of the board;
Subsection 6 (2) of the Act is repealed and the following substituted:
(2) The
board shall send the annual report of the University, including an audited
annual financial statement, in the form and manner determined by the board, to
the supporting members.
(1) Clause 8 (1) (
f) of the Act is repealed and the following
substituted:
(
f) elect
the board members under subsection 4 (2);
(2) Clause
8 (3) (
b) of the Act is repealed and the following substituted:
(
b) determine
the number of persons to be elected to the board under subsection 4 (2).
(3) Subsection
8 (4) of the Act is repealed and the following substituted:
(4) The
board shall, by by-law, set the percentage of supporting members required to
constitute a quorum at a meeting of the supporting members.
Commencement
This
Schedule comes into force on the day the Cutting Red
Tape to Build More Homes Act, 2024 receives Royal Assent.
SCHEDULE 15
UNIVERSITÉ DE HEARST ACT, 2021
Paragraphs 3 to 8 of subsection 6 (1) of the Université de
Hearst Act, 2021 are repealed and the following substituted:
3. One
person elected by the teaching staff of the University from among themselves.
4. One
person elected by the students of the University from among themselves.
5. One
person elected by the non-teaching employees of the University from among
themselves.
6. Three
persons appointed by the Lieutenant Governor in Council, who shall not be
students, members of the teaching staff or non-teaching employees of the
University.
7. Seven
other persons who shall be appointed by the board, who shall not be students,
members of the teaching staff or non-teaching employees of the University.
(1) Subsection 17 (1) of the Act is amended by adding “and (3)”
after “subsection (2)”.
(2) Section
17 of the Act is amended by adding the following subsection:
Same
(3) A
person who was a member of the board of governors on the day immediately before
the day
section 1 of
Schedule 15 of the Cutting Red Tape
to Build More Homes Act, 2024 came into force shall continue in office
until the expiry of their term or until their office otherwise becomes vacant.
Commencement
This
Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.
Bill 185 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
AN ACT TO INCORPORATE THE TRINITY COLLEGE SCHOOL
The
Schedule amends
An Act to incorporate the Trinity College
School to state that the corporation has the capacity, rights, powers
and privileges of a natural person and to make certain changes to the
membership of the governing body of the school.
SCHEDULE 2
ARTS COUNCIL ACT
The
Schedule amends the Arts Council Act by changing
the name of the Council from the Province of Ontario Council for the Arts to
the Ontario Arts Council. The
Schedule also replaces the definition of Minister
section 1.
SCHEDULE 3
BUILDING OPPORTUNITIES IN THE SKILLED TRADES ACT, 2021
The
Building Opportunities in the Skilled Trades Act, 2021
is amended to permit the Registrar to delegate their powers and duties to
employees of the Corporation.
SCHEDULE 4
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 . Here
are some highlights:
1. A
new
section 69.1 provides that the City may, by by-law, adopt a policy
providing for the allocation of water supply and sewage capacity. Such a policy
may include a system for tracking the water supply and sewage capacity
available to support approved developments as well as criteria respecting the
allocation of water supply and sewage capacity to development applications.
2. A
new
section 82.1 provides that the Lieutenant Governor in Council may make
regulations authorizing the City to grant assistance, directly or indirectly,
to a specified manufacturing business or other industrial or commercial
enterprise during a specified period if the Lieutenant Governor in Council
considers that it is necessary or desirable in the provincial interest to
attract investment in Ontario.
3. Currently,
subsections 114 (4) and (4.1) set out rules respecting consultations with the
City before plans and draws are submitted for approval. Those subsections are
repealed and, in their place, re-enacted subsection 114 (4) requires the City
to permit applicants to consult with the City before submitting plans and
drawings for approval.
4. Currently,
subsection 114 (4.6) permits the making of a motion, within a specified
timeframe, for directions to have the Ontario Land Tribunal determine whether
information and material required to be provided with an application for
approval of plans and drawings under subsection 114 (5) have in fact been
provided or whether a requirement to provide information or material required
by the official plan is reasonable. The subsection is re-enacted to provide
that a motion can be made at any time after pre-request consultation has begun
or the requestor has paid the application fee. Subsection 114 (4.7), which
currently provides for the extension of the timeframe under subsection 114
(4.6) in certain circumstances, is repealed.
5. A
new subsection 114 (11.1) permits authorized persons referred to in subsection
114 (5.1) to provide for the lapsing of approvals of plans and drawings
referred to in subsection 114 (5). A new subsection 114 (11.3) of the Act
permits an authorized person to provide for the lapsing of previous approvals
and, if the person does so, requires the City to notify the owner of the land.
A new subsection 114 (21) of the Act authorizes certain regulations in relation
to subsections 114 (11.1), (11.2) and (11.3), including providing for
exemptions to those provisions.
6. Subsections
114 (14.1) to (14.3), which currently provide rules respecting when the City is
required to refund fees in respect of applications under
section 114, are
repealed. Transitional rules are provided for in new subsections 114 (21) and
(22).
7. A
new
section 114.2 provides that a regulation made for the purposes of
section
49.3 of the Planning Act may provide for the
non-application of
section 113 or 114 of the Act, or may set out restrictions
or limitations with respect to their application, to a house or structure
referred to in clause 49.3 (1) (
a) or (
b) of the Planning
Act .
8. A
new
section 114.3 provides that a regulation made for the purposes of
section
62.0.3 of the Planning Act may provide for the
non-application of
section 113 or 114 of the Act, or may set out restrictions
or limitations with respect to their application, to a class of community
service facilities that is prescribed for the purposes of
section 62.0.3 of the
Planning Act and that meets such requirements as
may be prescribed for the purposes of that section.
SCHEDULE 5
CORONERS ACT
The
Schedule amends the Coroners Act . Currently
subsection 34 (2) of the Act requires the sheriff to provide the coroner with a
list of jurors containing their names, ages, places of residence and
occupations. The amendment requires the sheriff to also provide such
information as may be prescribed.
SCHEDULE 6
DEVELOPMENT CHARGES ACT, 1997
Subsection
5 (3) of the Development Charges Act, 1997 is
amended to add the costs of certain studies as capital costs for the purposes
section 5. Specified transition and special rules in
section 5 are repealed
and new transition rules with respect to the repeal of subsections 5 (7) and
(8) are added.
New
subsections 19 (1.1) to (1.3) provide that subsection 19 (1) of the Act does
not apply to amendments to development charge by-laws in specified
circumstances and new subsection 19 (1.4) governs notice of such amendments.
Currently,
subsection 26.2 (5) of the Act provides that clauses 26.2 (1) (
a) and (
b) do
not apply in respect of certain developments if more than the prescribed time
has elapsed since certain applications were approved. This subsection is
amended to replace the prescribed time with 18 months.
Section 26.2 is also amended to add a new special rule
regarding the application of the
section to the City of Ottawa.
SCHEDULE 7
HAZEL MCCALLION ACT (PEEL DISSOLUTION), 2023
The
Schedule amends the Hazel McCallion Act (Peel
Dissolution), 2023 .
Here are some highlights:
1. The
title of the Act is changed to the Hazel McCallion Act
(Peel Restructuring), 2023 .
Section
2, which provides for the dissolution of The Regional Municipality of Peel and
the continuation of the City of Mississauga, the City of Brampton and the Town
of Caledon as single-tier municipalities, is repealed.
3. Currently,
subsection 3 (5) of the Act provides for the duties of the transition board,
including providing recommendations to the Minister respecting the municipal
restructuring required for the purposes of
section 2. Amendments are made to
provide that the board must provide recommendations respecting the transfer of
powers, responsibilities or jurisdiction from The Regional Municipality of Peel
with respect to land use planning, water and wastewater, storm water, highways
and waste management.
Section
5 currently requires the municipalities
and their local boards, when
considering entering into a transaction, commitment or agreement on or after
May 18, 2023 and before January 1, 2025, to act in the public interest having
regard to the municipal restructuring required for the purposes of
section 2,
including acting in a manner that does not unreasonably impact another
municipality. The
section is re-enacted to require that the municipalities and
their local boards must instead have regard to the transfer of powers,
responsibilities or jurisdiction from The Regional Municipality of Peel
with respect to the matters set out in new subsection 3 (5.1) .
Section
9 currently limits the compensation to which persons are entitled as a result
of, among other things, the enactment of the Act. The
section is re-enacted to
set out additional limitations on remedies.
SCHEDULE 8
LINE FENCES ACT
The
Schedule amends the Line Fences Act with respect to
various matters, including the following:
1. The
definition of “appeals division” in subsection 1 (1) is repealed and other
provisions are amended to reflect this change.
2. New
section 22.1 sets out the means by which any document that is required to be
served or sent and any notice that is required to be given under the Act can be
served, sent or given.
3. Currently,
subsections 27 (2) and (3) provide respectively that the Lieutenant Governor in
Council shall appoint a referee and that the Lieutenant Governor in Council may
appoint one or more deputy referees for the purposes of the Act. These
subsections are amended to substitute the Lieutenant Governor in Council with
the Minister.
4. Various
amendments are made to provide that, in cases where the adjoining owner must be
notified, the occupant of the land of the adjoining owner must also be
notified.
5. Other
housekeeping and consequential amendments are made.
SCHEDULE 9
MUNICIPAL ACT, 2001
The
Schedule amends the Municipal Act, 2001 by adding
section 86.1, which provides that a municipality may, by by-law, adopt a policy
providing for the allocation of water supply and sewage capacity. Such a policy
may include a system for tracking the water supply and sewage capacity
available to support approved developments as well as criteria respecting the
allocation of water supply and sewage capacity to development applications.
The
Schedule also amends the Act by adding
section 106.1.
Section 106.1 provides
that the Lieutenant Governor in Council may make regulations authorizing a
municipality to grant assistance, directly or indirectly, to a specified
manufacturing business or other industrial or commercial enterprise during a
specified period if the Lieutenant Governor in Council considers that it is
necessary or desirable in the provincial interest to attract investment in
Ontario.
SCHEDULE 10
NIAGARA PARKS ACT
The
Schedule amends the Niagara Parks Act . Subsection 3
(2) of the Act is amended to remove the requirement that the members of the
Commission appointed by the council of a municipality be appointed annually.
The new subsection 3 (3) provides that those members shall hold office for a
term determined by the council that appointed them and that any such term shall
not exceed the term of the council that appointed them.
SCHEDULE 11
ONTARIO ENERGY BOARD ACT, 1998
The
Schedule amends the Ontario Energy Board Act, 1998 .
Currently, subsection 90 (2) of the Act provides that the requirement to obtain
leave to construct does not apply to the relocation or reconstruction of a
hydrocarbon line unless the size of the line is changed or the acquisition of
additional land or authority to use additional land is necessary. The
subsection is re-enacted to provide that the requirement to obtain leave to
construct applies to the relocation or reconstruction of a hydrocarbon line
only if the conditions prescribed by the regulations are met. A complementary
re-enactment of subsection 92 (2) of the Act is made.
SCHEDULE 12
PLANNING ACT
The
Schedule makes various amendments to the Planning Act .
Here are some highlights:
0.1 The
definition of “public body” in subsection 1 (1) of the Act is amended to
include a hospital as defined in
section 1 of the Public
Hospitals Act . The definition of “specified person” in that subsection
is amended to include several other persons.
1. Currently,
the Act provides for two different classes of upper-tier municipalities, those
which have planning responsibilities and those which do not. Amendments are
made to provide that the Regional Municipality of Peel, the Regional
Municipality of Halton and the Regional Municipality of York become upper-tier
municipalities without planning responsibilities on July 1, 2024 and to provide
that four other specified upper-tier municipalities will be upper-tier
municipalities without planning responsibilities on dates to be named by
proclamation of the Lieutenant Governor. Other related amendments are made in
the Act.
2. New
subsections 16 (22) to (24) limit the ability of official plans to contain
policies requiring an owner to provide or maintain parking facilities within
protected major transit station areas, certain other areas surrounding and
including an existing or planned higher order station or stop and other
prescribed areas. Related amendments are made to
section 34.
3. Currently,
subsection 17 (24) of the Act permits a person to appeal the adoption of an
official plan if the person has, before the municipality adopted the plan, made
oral submissions at a public meeting or written submissions to the
municipality. Amendments are made to provide that a person must be a specified
person , as currently defined in
the Act . The
subsection is also amended to permit the registered owner of land to which the
plan would apply to appeal the adoption of an official plan, if that owner has,
before the municipality adopted the plan, made oral submissions at a public
meeting or written submissions to the municipality. New
subsections 17 (24.0.1) to (24.0.4) provide for transitional rules. Similar
amendments are made to appeal rights under subsections 17 (36) and 34 (19).
4. Currently,
subsection 22 (3.1) of the Act requires a council or planning board to allow
applicants who wish to do so to consult with the municipality or planning board
before submitting a request to amend an official plan and authorizes a council
or planning board to pass a by-law requiring applicants to consult with the
municipality or planning board before submitting such a request. The re-enacted
subsection does not include the authority for a council or planning board to
pass a by-law requiring consultation. Similar amendments are made to sections
34, 41 and 51.
5. Currently,
subsection 22 (6.2) of the Act permits the making of a motion, within a
specified timeframe, for directions to have the Ontario Land Tribunal determine
whether information and material required to be provided with a request for an
official plan amendment have in fact been provided or whether a requirement to
provide information or material required by the official plan is reasonable.
The subsection is re-enacted to provide that a motion can be made at any time
after pre-request consultation has begun or the requestor has paid the
application fee. Subsection 22 (6.3), which currently provides for the
extension of the timeframe under subsection 22 (6.2) in certain circumstances,
is repealed. Similar amendments are made to sections 34, 41 and 51.
6. Currently,
subsection 22 (7.1) provides that there is no appeal under subsection (7) in
respect of the refusal or failure to adopt or approve an official plan
amendment described in subsection 22 (7.2). C