Planning Statute Law Amendment Act, 2014 Milczyn, Peter Z. — Bill 39 (41st Parliament, 1st Session)

Bill 39, 41-1

Ontario — Bills

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Bill 39, Planning Statute Law Amendment Act, 2014

Milczyn, Peter Z.

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[41] Bill 39 Original (PDF)

Bill 39 2014

Act to amend the City of Toronto Act, 2006, the Planning Act and certain

regulations

Her

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

Province of Ontario, enacts as follows:

Amendments to City of

Toronto Act, 2006

Section

111 of the City of Toronto Act, 2006 is amended by

adding the following subsection:

Same

(2.1) When a condition is imposed under

clause (2) (c),

(

a) the

City may require an owner of land to which the by-law applies to enter into an

agreement with the City relating to the condition;

(

b) the

agreement may be registered against the land to which it applies; and

(

c) the

City may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act ,

any and all subsequent owners of the land.

Section

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

appeal re fee

(8.1) There is no appeal in respect of the

fee established under subsection (8).

3. Clause

145 (3) (

f) of the Act is repealed.

Amendments to Planning

Act

4. Subsection

1 (1) of the Planning Act is amended by adding the

following definition:

"affordable" has the same meaning as in the Provincial

Policy Statement issued under

section 3 that is published by and available from

the Ministry of Municipal Affairs and Housing; ("abordable")

Section

2 of the Act is amended by adding the following clause:

(

r) the

promotion of built form that,

(

i) is

well-designed,

(ii) encourages

a sense of place, and

(iii) provides

for public spaces that are of high quality, safe, accessible, attractive and

vibrant.

Section

2.1 of the Act is repealed and the following substituted:

Decisions

of councils and approval authorities

2.1 When

an approval authority or the Municipal Board makes a decision under this Act

that relates to a planning matter,

(

a) it

shall have regard to any supporting information and material that a municipal

council or approval authority considered in making a decision under this Act

relating to the same planning matter; and

(

b) the

decision of the approval authority or Municipal Board shall be consistent with

the decision described in clause (a).

(1) Section

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

Seeking

approval

(2.1) When it is proposed to issue a policy

statement, the Minister shall seek to obtain the timely approval of the

Lieutenant Governor in Council.

(2) Section 3 of the Act is amended by

adding the following subsections:

Aligning

review of policy statements and provincial plans

(11) The Minister shall align the review of

policy statements under subsection (10) with the review of provincial plans as much

as possible.

Contents

of policy statements

(12) The Minister shall ensure that policy

statements issued on and after the day subsection 7 (2) of the Planning Statute Law Amendment Act, 2014 comes into force

include,

(

a) interpretation

provisions; and

(

b) provisions

indicating how any conflicts with provincial plans are to be resolved.

Section

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

appeal re fee

(9.1) There is no appeal under subsections

69 (3) and (4) in respect of the fee established under subsection (9).

9. Clause

16 (1) (

a) of the Act is amended by striking out "social, economic and natural

environment of the municipality" and substituting "social, economic, built and

natural environment of the municipality".

10. (1) Subsection

17 (25) of the Act is amended by striking out "and" at the end of clause (

b) and adding the following clause:

(b.1) provide

a

summary of the evidence on which the appellant intends to rely in support of

the appeal; and

(2) Subsection 17 (37) of the Act is

amended by striking out "and" at the end of clause (

b) and adding the following

clause:

(b.1) provide

a

summary of the evidence on which the appellant intends to rely in support of

the appeal; and

(3) Subsection 17 (40) of the Act is amended

by striking out "180 days" and substituting "240 days".

(4) Subsection 17 (44.4) of the Act is

repealed and the following substituted:

Same

(44.4) When

subsection (44.3) applies and one of the following conditions is satisfied, the

information and material shall not be admitted into evidence until subsection

(44.5) has been complied with and the prescribed time period has elapsed:

1. The

municipality moves a motion under this section.

2. The

Municipal Board, on its own initiative or on a motion by any party,

i. considers

whether the information and material could have materially affected the

council's decision, and

ii. determines

that it could have done so.

(5) Subsection 17 (44.6) of the Act is

repealed and the following substituted:

Council's

recommendation

(44.6) If the council's recommendation is

received within the time period referred to in subsection (44.4), the Municipal

Board's decision shall be consistent with the recommendation.

Same

(44.6.1) If the council's recommendation is

received after the time period referred to in subsection (44.4), the Municipal

Board may have regard to the recommendation but is not required to do so.

(1) Paragraph

1 of subsection 22 (7.0.2) of the Act is amended by striking out "180 days" and

substituting "240 days".

(2) Paragraph 2 of subsection 22 (7.0.2) of

the Act is amended by striking out "180 days" and substituting "240 days".

(3) Subsection 22 (7.2) of the Act is

amended by striking out "or" at the end of clause (b), by adding "or" at the

end of clause (

c) and by adding the following clause:

(

d) amend

or revoke a municipally-initiated plan provision that came into force less than

five years before the request for amendment.

(4) Subsection 22 (8) of the Act is repealed

and the following substituted:

Contents

(8) A notice of appeal under subsection (7)

shall,

(

a) set

out the specific part of the requested official plan amendment to which the

appeal applies, if the notice of appeal does not apply to all of the requested

amendment;

(

b) set

out the detailed reasons for the appeal;

(

c) provide

a

summary of the evidence on which the appellant intends to rely in support of

the appeal; and

(

d) be

accompanied by the fee prescribed under the Ontario

Municipal Board Act .

Section

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

appeal re provincial conformity exercise

(7.1) Despite subsections 17 (7), (36) and

(40), there is no appeal in respect of an official plan amendment that complies

with subsection (1) and with all the procedural requirements of this section.

13. (1) Subsection

34 (1) of the Act is amended by adding the following paragraph:

Inclusionary

housing

4.1 Requiring

that a specified percentage of housing units to which

section 37.1 applies be

affordable, and specifying the percentage.

(2) Subsection 34 (11) of the Act is

amended by striking out "120 days" in the portion before paragraph 1 and

substituting "the specified period".

(3) Section 34 of the Act is amended by

adding the following subsection:

Specified

period

(11.0.0.1) For the purposes of subsection

(11), the specified period is,

(a) 240

days if the application relates to an amendment that is requested concurrently

with an official plan amendment;

(b) 180

days in all other cases.

(4) Section 34 of the Act is amended by

adding the following subsection:

Same

(11.0.4.1) Despite subsection (11), there

is no appeal in respect of all or any part of an application for an amendment

to a by-law if the amendment or part of the amendment proposes to implement an

amendment to,

(

a) a

site-specific by-law that came into force less than five years before the

application; or

(

b) a

by-law that came into force less than five years before the application and was

passed concurrently with a municipally-initiated official plan amendment adopted

under subsection 17 (22).

(5) Subsection 34 (19) of the Act is

repealed and the following substituted:

Appeal

to O.M.B.

(19) Not

later than 20 days after the day that the giving of notice as required by

subsection (18) is completed, any of the following may appeal to the Municipal

Board by filing with the clerk of the municipality the notice of appeal

described in subsection (19.0.1), accompanied by the fee prescribed under the Ontario Municipal Board Act :

1. The

applicant.

2. A

person or public body who, before the by-law was passed, made oral submissions

at a public meeting or written submissions to the council.

3. The

Minister.

Contents

of notice

(19.0.1) The notice of appeal under subsection

(19) shall,

(

a) set

out the objection to the by-law;

(

b) set

out the detailed reasons for the appeal; and

(

c) provide

a

summary of the evidence on which the appellant intends to rely in support of

the appeal.

(6) Subsection 34 (24.6) of the Act is

repealed and the following substituted:

Council's

recommendation

(24.6) If the council's recommendation is

received within the time period referred to in subsection (24.4), the Municipal

Board's decision shall be consistent with the recommendation.

Same

(24.6.1) If the council's recommendation is

received after the time period referred to in subsection (24.4), the Municipal

Board may have regard to the recommendation but is not required to do so.

14. Subsection

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

Increased

density, etc., provision by-law

(1) The council of a local municipality may,

in a by-law passed under

section 34,

(

a) require

the provision of specified facilities, services and matters in exchange for a

specified height or density of development, which may be within the ranges set

out under clause (

b) or outside those ranges as set out under clause (c);

(

b) set out a

list of minimum and maximum standards for development; and

(

c) set out a range of possible variations from

the standards referred to in clause (

b) that may be authorized in connection

with an agreement under subsection (3).

15. The

Act is amended by adding the following section:

Inclusionary

housing by-law

37.1

(1) The

council of a local municipality may, in a by-law passed under

section 34,

(

a) require

that a specified percentage of all housing units described in subsection (2) be

affordable; and

(

b) specify

the percentage.

Application

(2) Clause (1) (

a) applies to housing units

in new housing developments,

(

a) that

contain 20 or more housing units; and

(

b) whose

construction requires a site-specific by-law or by-law amendment.

Condition

(3) A by-law shall not contain a

requirement described in subsection (1) unless there is an official plan in

effect in the local municipality that contains provisions relating to

inclusionary housing requirements.

Incentives

(4) The existence of a by-law described in

subsection (1) does not require the municipality to provide any financial

assistance or other incentives to developers.

Agreements

(5) If a municipality has passed a by-law

described in subsection (1), the municipality may require the developer of a

new housing development containing housing units to which clause (1) (

a) applies to enter into one or more agreements with the municipality dealing with

affordable housing requirements in the development.

Agreement

re: affordability

(6) Without restricting the generality of

subsection (5), an agreement entered into under that subsection may restrict

the ownership and occupancy of affordable units to eligible persons.

Registration

of agreement

(7) Any agreement entered into under

subsection (5) may be registered against the land to which it applies and the

municipality is enti

Document details

Collection	Ontario — Bills
Citation	Bill 39, 41-1
Type	bill
Volume / chapter	p41 s1 bill 39 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	b4e882965efd43a1dd113cc9dbd10614c1937add

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