Ontario Bill 185 (43rd Parliament, 1st Session)

Bill 185, 43-1

Ontario — Bills

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

Document details

CollectionOntario — Bills
CitationBill 185, 43-1
Typebill
Volume / chapterp43 s1 bill-185 html
Languageen
Formathtml
SourcePROVINCIAL
Identifierae435a9fbec098d45138f52066a7d7a914647199

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