Ontario Bill 150 (43rd Parliament, 1st Session)
Bill 150, 43-1
Ontario — Bills
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Bill 150, Planning Statute Law Amendment Act, 2023
Calandra, Hon. Paul Minister of Municipal Affairs and Housing
Royal Assent received. Statutes of Ontario 2023,
chapter 24
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Acts affected
Royal Assent
As Amended by Standing Committee
Original
Bill 150 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 150 and does not form part of the law.
Bill 150 has been enacted as
Chapter 24 of the Statutes of Ontario, 2023.
SCHEDULE 1
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
The
Schedule enacts the Official Plan Adjustments Act, 2023 .
The Act provides that specified decisions under subsection 17 (34) of the Planning Act are deemed never to have been made and that
the official plans and amendments to official plans that were the subject of
those decisions are approved as of the dates of the respective decisions. A
number of the official plans and amendments are modified as indicated in the
Act and approved as modified.
Section
3 of the Act outlines the legal effects of the approvals given under the Act,
including requiring conformity with the official plans approved under the Act
or amended by amendments approved under the Act.
Section
4 provides for various limitations on remedies. Among other things, it provides
that no cause of action arises as a result of the enactment of the Act.
SCHEDULE 2
PLANNING ACT
Section
47 of the Planning Act , which authorizes the
Minister to, by order, exercise various powers conferred upon councils of
municipalities, is amended to add several subsections that establish
limitations on the availability of remedies. Among other things, these new
subsections provide that no cause of action arises as a direct or indirect
result of a decision in respect of the exercise of any power under
section 47.
Bill 150 2023
Act to enact the Official Plan Adjustments Act, 2023 and to amend the Planning
Act with respect to remedies
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Official
Plan Adjustments Act, 2023
Schedule 2
Planning
Act
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.
Short
title
3 The
short title of this Act is the Planning
Statute Law Amendment Act, 2023 .
SCHEDULE 1
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
Rescission
of decisions
(1) Each
decision under subsection 17 (34) of the Planning Act
that relates to the official plan or amendment to an official plan set out in
Column 1 of the Table to this
section and that was made on the date set out
opposite the plan or amendment in Column 2 is deemed to have never been made.
Approvals
of official plans and amendments
(2) Each
official plan and each amendment to an official plan set out in Column 1 of the
Table to this
section is,
(
a) approved
as modified by,
(
i) those
modifications indicated opposite the plan or amendment in Column 3, as they are
set out in the decision referred to in subsection (1) that relates to the plan
or amendment and that was made on the date set out opposite the plan or
amendment in Column 2, and
(ii) any
applicable additional modifications set out in
section 2; or
(
b) approved
as adopted by the relevant municipality, where no modifications are indicated
in Column 3 opposite the plan or amendment.
Effective
date of approval
(3) Each
approval under subsection (2) of an official plan or an amendment to an
official plan set out in Column 1 of the Table to this
section is deemed to
have been given on the same date as the date of the decision referred to in
subsection (1) set out opposite in Column 2.
Table
Item
Column
Official plan or amendment to an official plan
Column
Date of decision under subsection 17 (34) of the Planning
Act
Column
Modifications set out in the decision referred to in subsection 1 (1) that
apply to the official plan or amendment to an official plan
Official
plan adopted by the City of Barrie pursuant to By-law 2022-016
April
11, 2023
Modification
numbered 66
Official
plan adopted by the City of Belleville pursuant to By-law 2021-180
April
11, 2023
Modifications
numbered 11, 14 and 16
Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
April
11, 2023
Modification
numbered 17
Official
plan amendment 49 adopted by the Regional Municipality of Halton pursuant to
By-law 35-22
November
4, 2022
Modifications
numbered 18, 19 and 39
Official
plan amendment 34 amending the Rural Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-146
November
4, 2022
None
Official
plan amendment 167 amending the Urban Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-145
November
4, 2022
Modifications
numbered 18, 26 and 36
Official
plan adopted by the Regional Municipality of Niagara pursuant to By-law
2022-47
November
4, 2022
Modifications
numbered 5, 24, 25, 32, 33, 39, 42 and 44
Official
plan adopted by the City of Ottawa pursuant to By-law 2021-386
November
4, 2022
None
Official
plan adopted by the Regional Municipality of Peel pursuant to By-law 20-2022
November
4, 2022
Modifications
numbered 3, 16 to 18, 21, 30 and 41 to 43
Official
plan adopted by the City of Peterborough pursuant to By-law 21-105
April
11, 2023
Modifications
numbered 9, 10 and 42
Official
plan amendment 6 adopted by the Regional Municipality of Waterloo pursuant to
By-law 22-038
April
11, 2023
None
Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22
April
11, 2023
Modifications
numbered 1 and 2
Official
plan adopted by the Regional Municipality of York pursuant to By-law 2022-40
November
4, 2022
Modifications
numbered 8, 18, 25, 30, 40, 41, 42, 44, 45, 47, 48, 58, 59, 60 i), 61, 78, 79
ii) and 80
Additional
modifications
The
following are the additional modifications mentioned in subclause (a) (ii) of
subsection 1 (2):
1. The
official plan adopted by the Regional Municipality of York pursuant to By-law
2022-40 is modified as follows:
i. Map
1B, Urban System Overlays, is modified by,
A. deleting
the Gormley GO Major Transit Station Area symbol, and
B. removing
from Designated Greenfield Area the lands underlying the overlay that is noted
in Modification 60
i) referred to Column 3 of item 13 of the Table to
section
ii. OP
policy 4.4.43 is deleted in its entirety.
2. Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
is modified as follows:
i.
Schedule
D: Downtown Secondary Plan Minimum and Maximum Building Heights is modified to
replace the building heights only for properties located in the Special Policy
Area, as designated on
Schedule C: Downtown Secondary Plan Land Use Plan of the
City of Guelph Official Plan, February 2022 consolidation with the building
heights from
Schedule D: Downtown Secondary Plan Minimum and Maximum Heights
from the City of Guelph Official Plan, February 2022 consolidation.
3. Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22 is modified as follows:
i. Schedules
A-1, A-3, A-4 and A-8 to Official Plan Amendment 119 are modified to reflect
the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
ii. Schedules
A-1 and A-3 to Official Plan Amendment 119 are modified to identify the
community of Brisbane, Town of Erin as a hamlet in the Greenbelt Plan, 2017, as
amended.
iii. Schedules
A-1, A-8, and A-16 to Official Plan Amendment 119 are modified to remove parts
of the Regionally Significant Economic Development Study Area that are located
in the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
iv. Schedules
A-1 and A-8 are modified to delete the hamlet of Puslinch from being identified
as a hamlet within the Greenbelt Plan, 2017, as amended.
Schedule A-17 is
deleted in its entirety.
Effect
of approval
Subsequent
changes to official plans
(1) For
greater certainty, an official plan approved under subsection 1 (2), an
amendment to an official plan approved under that subsection or an official
plan as amended by an amendment approved under that subsection may be
subsequently amended or repealed in accordance with the Planning
Act .
Conformity
with official plan as approved
(2) Any
decision of a municipality or the Ontario Land Tribunal made under the Planning Act , as well as any by-law passed or public work
undertaken by a municipality, on or after the date on which the approval of an
official plan or an amendment to an official plan is deemed to have been given
under subsection 1 (3) must conform with the official plan, as approved or
amended, while that approval is in effect.
Building
permits
(3) Nothing
done by operation of this Act has the effect of invalidating a permit referred
to in
section 8 of the Building Code Act, 1992 , nor
does it provide a ground under subsection 8 (10) of that Act for revoking such
a permit.
Limitations
on remedies
(1) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment of this Act or the amendment or repeal of any provision of this Act,
including the rescission of any decision under subsection 17 (34) of the Planning Act or the approval of any official plan or
amendment to an official plan that results from the application of this Act;
(
b) the
making of any decisions under subsection 17 (34) of the Planning
Act that are referred to in subsection 1 (1);
(
c) anything
done or not done in accordance with this Act or any decision under subsection
17 (34) of the Planning Act referred to in
subsection 1 (1); or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to,
(
i) the
actual or potential making of any decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1),
(ii) the
actual or potential acquisition, disposal, use or development of any land
subject to any decision under subsection 17 (34) of the Planning
Act that is referred to in subsection 1 (1), or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any land subject to a decision under
subsection 17 (34) of the Planning Act that is
referred to in subsection 1 (1).
remedy
(2) 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).
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.
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), (2) and (3) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day on which the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
costs award
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(7) 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
(8) This
section does not apply with respect to proceedings brought by the Crown in
right of Ontario.
Person
defined
(9) In
this section,
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents, current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
The Act set out in this
Schedule comes into force on the day the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
Short
title
The
short title of the Act set out in this
Schedule is the Official Plan Adjustments Act, 2023 .
SCHEDULE 2
PLANNING ACT
Section 47 of the Planning Act is amended by adding
the following subsections:
Limitations
on remedies
(20) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this section;
(
b) a
decision in respect of the exercise of any power under this section, including
but not limited to the making, amendment or revocation of orders under this
section;
(
c) anything
done or not done in accordance with this section; or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to
(
i) the
actual or potential making of any decision under this section,
(ii) the
actual or potential acquisition, disposal, use or development of any land subject to any decision under this section, or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any order under this section.
remedy
(21) 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 (20).
Proceedings
barred
(22) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (20) may be brought or maintained against any person.
Application
(23) Subsection
(22) 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 of Ontario.
Retrospective
effect
(24) Subsections
(20), (21) and (22) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day
section 1 of
Schedule
2 to the Planning Statute Law Amendment Act, 2023 comes
into force.
costs award
(25) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (22).
expropriation or injurious affection
(26) Nothing
referred to in subsection (20) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(27) Subsections
(20) to (26) and this subsection do not apply with respect to proceedings
brought by the Crown in right of Ontario.
Person
defined
(28) In
subsections (20) to (27),
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents and current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
This
Schedule comes into force on the day the Planning
Statute Law Amendment Act, 2023 receives Royal Assent.
Bill 150 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
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
The
Schedule enacts the Official Plan Adjustments Act, 2023 .
The Act provides that specified decisions under subsection 17 (34) of the Planning Act are deemed never to have been made and that
the official plans and amendments to official plans that were the subject of
those decisions are approved as of the dates of the respective decisions. A
number of the official plans and amendments are modified as indicated in the
Act and approved as modified.
Section
3 of the Act outlines the legal effects of the approvals given under the Act,
including requiring conformity with the official plans approved under the Act
or amended by amendments approved under the Act.
Section
4 provides for various limitations on remedies. Among other things, it provides
that no cause of action arises as a result of the enactment of the Act.
SCHEDULE 2
PLANNING ACT
Section
47 of the Planning Act , which authorizes the
Minister to, by order, exercise various powers conferred upon councils of
municipalities, is amended to add several subsections that establish
limitations on the availability of remedies. Among other things, these new
subsections provide that no cause of action arises as a direct or indirect
result of a decision in respect of the exercise of any power under
section 47.
Bill 150 2023
Act to enact the Official Plan Adjustments Act, 2023 and to amend the Planning
Act with respect to remedies
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Official
Plan Adjustments Act, 2023
Schedule 2
Planning
Act
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.
Short
title
3 The
short title of this Act is the Planning
Statute Law Amendment Act, 2023 .
SCHEDULE 1
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
Rescission
of decisions
(1) Each
decision under subsection 17 (34) of the Planning Act
that relates to the official plan or amendment to an official plan set out in
Column 1 of the Table to this
section and that was made on the date set out
opposite the plan or amendment in Column 2 is deemed to have never been made.
Approvals
of official plans and amendments
(2) Each
official plan and each amendment to an official plan set out in Column 1 of the
Table to this
section is,
(
a) approved
as modified by,
(
i) those
modifications indicated opposite the plan or amendment in Column 3, as they are
set out in the decision referred to in subsection (1) that relates to the plan
or amendment and that was made on the date set out opposite the plan or
amendment in Column 2, and
(ii) any
applicable additional modifications set out in
section 2; or
(
b) approved
as adopted by the relevant municipality, where no modifications are indicated
in Column 3 opposite the plan or amendment.
Effective
date of approval
(3) Each
approval under subsection (2) of an official plan or an amendment to an
official plan set out in Column 1 of the Table to this
section is deemed to
have been given on the same date as the date of the decision referred to in
subsection (1) set out opposite in Column 2.
Table
Item
Column
Official plan or amendment to an official plan
Column
Date of decision under subsection 17 (34) of the Planning
Act
Column
Modifications set out in the decision referred to in subsection 1 (1) that
apply to the official plan or amendment to an official plan
Official
plan adopted by the City of Barrie pursuant to By-law 2022-016
April
11, 2023
Modification
numbered 66
Official
plan adopted by the City of Belleville pursuant to By-law 2021-180
April
11, 2023
Modifications
numbered 11, 14 and 16
Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
April
11, 2023
Modification
numbered 17
Official
plan amendment 49 adopted by the Regional Municipality of Halton pursuant to
By-law 35-22
November
4, 2022
Modifications
numbered 18 to 20 18, 19 and 39
Official
plan amendment 34 amending the Rural Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-146
November
4, 2022
None
Official
plan amendment 167 amending the Urban Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-145
November
4, 2022
Modifications
numbered 18, 26 and 36
Official
plan adopted by the Regional Municipality of Niagara pursuant to By-law
2022-47
November
4, 2022
Modifications
numbered 5, 24, 32, 33, 39 and
44 5, 24, 25, 32,
33, 39, 42 and 44
Official
plan adopted by the City of Ottawa pursuant to By-law 2021-386
November
4, 2022
None
Official
plan adopted by the Regional Municipality of Peel pursuant to By-law 20-2022
November
4, 2022
Modifications
numbered 3, 16 to 18, 21, 30 and 41 to 43
Official
plan adopted by the City of Peterborough pursuant to By-law 21-105
April
11, 2023
Modifications
numbered 9, 10 and 42
Official
plan amendment 6 adopted by the Regional Municipality of Waterloo pursuant to
By-law 22-038
April
11, 2023
None
Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22
April
11, 2023
Modifications
numbered 1 and 2
Official
plan adopted by the Regional Municipality of York pursuant to By-law 2022-40
November
4, 2022
Modifications
numbered 8, 18, 25, 30, 40 to
45, 47, 48, 58 to 61 40,
41, 42, 44, 45, 47, 48, 58, 59, 60 i), 61 , 78, 79 ii) and 80
Additional
modifications
The
following are the additional modifications mentioned in subclause (a) (ii) of
subsection 1 (2):
1. The
official plan adopted by the Regional Municipality of York pursuant to By-law
2022-40 is modified as follows:
i. Map 1B, Urban System
Overlays, is modified by deleting the Gormley GO Major Transit Station Area
symbol.
i. Map 1B, Urban System
Overlays, is modified by,
A. deleting
the Gormley GO Major Transit Station Area symbol, and
B. removing
from Designated Greenfield Area the lands underlying the overlay that is noted
in Modification 60
i) referred to Column 3 of item 13 of the Table to
section
ii. OP
policy 4.4.43 is deleted in its entirety.
2. Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
is modified as follows:
i.
Schedule
D: Downtown Secondary Plan Minimum and Maximum Building Heights is modified to
replace the building heights only for properties located in the Special Policy
Area, as designated on
Schedule C: Downtown Secondary Plan Land Use Plan of the
City of Guelph Official Plan, February 2022 consolidation with the building
heights from
Schedule D: Downtown Secondary Plan Minimum and Maximum Heights
from the City of Guelph Official Plan, February 2022 consolidation.
3. Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22 is modified as follows:
i. Schedules
A-1, A-3, A-4 and A-8 to Official Plan Amendment 119 are modified to reflect
the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
ii. Schedules
A-1 and A-3 to Official Plan Amendment 119 are modified to identify the
community of Brisbane, Town of Erin as a hamlet in the Greenbelt Plan, 2017, as
amended.
iii. Schedules
A-1, A-8, and A-16 to Official Plan Amendment 119 are modified to remove parts
of the Regionally Significant Economic Development Study Area that are located
in the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
iv. Schedules
A-1 and A-8 are modified to delete the hamlet of Puslinch from being identified
as a hamlet within the Greenbelt Plan, 2017, as amended.
Schedule A-17 is
deleted in its entirety.
Effect
of approval
Subsequent
changes to official plans
(1) For
greater certainty, an official plan approved under subsection 1 (2), an
amendment to an official plan approved under that subsection or an official
plan as amended by an amendment approved under that subsection may be
subsequently amended or repealed in accordance with the Planning
Act .
Conformity
with official plan as approved
(2) Any
decision of a municipality or the Ontario Land Tribunal made under the Planning Act , as well as any by-law passed or public work
undertaken by a municipality, on or after the date on which the approval of an
official plan or an amendment to an official plan is deemed to have been given
under subsection 1 (3) must conform with the official plan, as approved or
amended, while that approval is in effect.
Building
permits
(3) Nothing
done by operation of this Act has the effect of invalidating a permit referred
to in
section 8 of the Building Code Act, 1992 , nor
does it provide a ground under subsection 8 (10) of that Act for revoking such
a permit.
Limitations
on remedies
(1) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment of this Act or the amendment or repeal of any provision of this Act,
including the rescission of any decision under subsection 17 (34) of the Planning Act or the approval of any official plan or
amendment to an official plan that results from the application of this Act;
(
b) the
making of any decisions under subsection 17 (34) of the Planning
Act that are referred to in subsection 1 (1);
(
c) anything
done or not done in accordance with this Act or any decision under subsection
17 (34) of the Planning Act referred to in
subsection 1 (1); or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to,
(
i) the
actual or potential making of any decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1),
(ii) the
actual or potential acquisition, disposal, use or development of any land
subject to any decision under subsection 17 (34) of the Planning
Act that is referred to in subsection 1 (1), or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any land subject to a decision under
subsection 17 (34) of the Planning Act that is
referred to in subsection 1 (1).
remedy
(2) 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).
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.
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), (2) and (3) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day on which the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
costs award
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(7) 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
(8) This
section does not apply with respect to proceedings brought by the Crown in
right of Ontario.
Person
defined
(9) In
this section,
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents, current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
The Act set out in this
Schedule comes into force on the day the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
Short
title
The
short title of the Act set out in this
Schedule is the Official Plan Adjustments Act, 2023 .
SCHEDULE 2
PLANNING ACT
Section 47 of the Planning Act is amended by adding
the following subsections:
Limitations
on remedies
(20) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this section;
(
b) a
decision in respect of the exercise of any power under this section, including
but not limited to the making, amendment or revocation of orders under this
section;
(
c) anything
done or not done in accordance with this section; or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to
(
i) the
actual or potential making of any decision under this section,
(ii) the
actual or potential acquisition, disposal, use or development of any land subject to any decision under this section, or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any order under this section.
remedy
(21) 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 (20).
Proceedings
barred
(22) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (20) may be brought or maintained against any person.
Application
(23) Subsection
(22) 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 of Ontario.
Retrospective
effect
(24) Subsections
(20), (21) and (22) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day
section 1 of
Schedule
2 to the Planning Statute Law Amendment Act, 2023 comes
into force.
costs award
(25) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (22).
expropriation or injurious affection
(26) Nothing
referred to in subsection (20) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(27) Subsections
(20) to (26) and this subsection do not apply with respect to proceedings
brought by the Crown in right of Ontario.
Person
defined
(28) In
subsections (20) to (27),
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents and current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
This
Schedule comes into force on the day the Planning
Statute Law Amendment Act, 2023 receives Royal Assent.
Bill 150 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
The
Schedule enacts the Official Plan Adjustments Act, 2023 .
The Act provides that specified decisions under subsection 17 (34) of the Planning Act are deemed never to have been made and that
the official plans and amendments to official plans that were the subject of
those decisions are approved as of the dates of the respective decisions. A
number of the official plans and amendments are modified as indicated in the
Act and approved as modified.
Section
3 of the Act outlines the legal effects of the approvals given under the Act,
including requiring conformity with the official plans approved under the Act
or amended by amendments approved under the Act.
Section
4 provides for various limitations on remedies. Among other things, it provides
that no cause of action arises as a result of the enactment of the Act.
SCHEDULE 2
PLANNING ACT
Section
47 of the Planning Act , which authorizes the
Minister to, by order, exercise various powers conferred upon councils of
municipalities, is amended to add several subsections that establish
limitations on the availability of remedies. Among other things, these new
subsections provide that no cause of action arises as a direct or indirect
result of a decision in respect of the exercise of any power under
section 47.
Bill 150 2023
Act to enact the Official Plan Adjustments Act, 2023 and to amend the Planning
Act with respect to remedies
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Official
Plan Adjustments Act, 2023
Schedule 2
Planning
Act
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.
Short
title
3 The
short title of this Act is the Planning
Statute Law Amendment Act, 2023 .
SCHEDULE 1
OFFICIAL PLAN ADJUSTMENTS ACT, 2023
Rescission
of decisions
(1) Each
decision under subsection 17 (34) of the Planning Act
that relates to the official plan or amendment to an official plan set out in
Column 1 of the Table to this
section and that was made on the date set out
opposite the plan or amendment in Column 2 is deemed to have never been made.
Approvals
of official plans and amendments
(2) Each
official plan and each amendment to an official plan set out in Column 1 of the
Table to this
section is,
(
a) approved
as modified by,
(
i) those
modifications indicated opposite the plan or amendment in Column 3, as they are
set out in the decision referred to in subsection (1) that relates to the plan
or amendment and that was made on the date set out opposite the plan or
amendment in Column 2, and
(ii) any
applicable additional modifications set out in
section 2; or
(
b) approved
as adopted by the relevant municipality, where no modifications are indicated
in Column 3 opposite the plan or amendment.
Effective
date of approval
(3) Each
approval under subsection (2) of an official plan or an amendment to an
official plan set out in Column 1 of the Table to this
section is deemed to
have been given on the same date as the date of the decision referred to in
subsection (1) set out opposite in Column 2.
Table
Item
Column
Official plan or amendment to an official plan
Column
Date of decision under subsection 17 (34) of the Planning
Act
Column
Modifications set out in the decision referred to in subsection 1 (1) that
apply to the official plan or amendment to an official plan
Official
plan adopted by the City of Barrie pursuant to By-law 2022-016
April
11, 2023
Modification
numbered 66
Official
plan adopted by the City of Belleville pursuant to By-law 2021-180
April
11, 2023
Modifications
numbered 11, 14 and 16
Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
April
11, 2023
Modification
numbered 17
Official
plan amendment 49 adopted by the Regional Municipality of Halton pursuant to
By-law 35-22
November
4, 2022
Modifications
numbered 18 to 20
Official
plan amendment 34 amending the Rural Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-146
November
4, 2022
None
Official
plan amendment 167 amending the Urban Hamilton Official Plan and adopted by
the City of Hamilton pursuant to By-law 22-145
November
4, 2022
Modifications
numbered 18, 26 and 36
Official
plan adopted by the Regional Municipality of Niagara pursuant to By-law
2022-47
November
4, 2022
Modifications
numbered 5, 24, 32, 33, 39 and 44
Official
plan adopted by the City of Ottawa pursuant to By-law 2021-386
November
4, 2022
None
Official
plan adopted by the Regional Municipality of Peel pursuant to By-law 20-2022
November
4, 2022
Modifications
numbered 3, 16 to 18, 21, 30 and 41 to 43
Official
plan adopted by the City of Peterborough pursuant to By-law 21-105
April
11, 2023
Modifications
numbered 9, 10 and 42
Official
plan amendment 6 adopted by the Regional Municipality of Waterloo pursuant to
By-law 22-038
April
11, 2023
None
Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22
April
11, 2023
Modifications
numbered 1 and 2
Official
plan adopted by the Regional Municipality of York pursuant to By-law 2022-40
November
4, 2022
Modifications
numbered 8, 18, 25, 30, 40 to 45, 47, 48, 58 to 61, 78, 79 ii) and 80
Additional
modifications
The
following are the additional modifications mentioned in subclause (a) (ii) of
subsection 1 (2):
1. The
official plan adopted by the Regional Municipality of York pursuant to By-law
2022-40 is modified as follows:
i. Map
1B, Urban System Overlays, is modified by deleting the Gormley GO Major Transit
Station Area symbol.
ii. OP
policy 4.4.43 is deleted in its entirety.
2. Official
plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731
is modified as follows:
i.
Schedule
D: Downtown Secondary Plan Minimum and Maximum Building Heights is modified to
replace the building heights only for properties located in the Special Policy
Area, as designated on
Schedule C: Downtown Secondary Plan Land Use Plan of the
City of Guelph Official Plan, February 2022 consolidation with the building
heights from
Schedule D: Downtown Secondary Plan Minimum and Maximum Heights
from the City of Guelph Official Plan, February 2022 consolidation.
3. Official
plan amendment 119 adopted by the County of Wellington pursuant to By-law
5760-22 is modified as follows:
i. Schedules
A-1, A-3, A-4 and A-8 to Official Plan Amendment 119 are modified to reflect
the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
ii. Schedules
A-1 and A-3 to Official Plan Amendment 119 are modified to identify the
community of Brisbane, Town of Erin as a hamlet in the Greenbelt Plan, 2017, as
amended.
iii. Schedules
A-1, A-8, and A-16 to Official Plan Amendment 119 are modified to remove parts
of the Regionally Significant Economic Development Study Area that are located
in the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005 .
iv. Schedules
A-1 and A-8 are modified to delete the hamlet of Puslinch from being identified
as a hamlet within the Greenbelt Plan, 2017, as amended.
Schedule A-17 is
deleted in its entirety.
Effect
of approval
Subsequent
changes to official plans
(1) For
greater certainty, an official plan approved under subsection 1 (2), an
amendment to an official plan approved under that subsection or an official
plan as amended by an amendment approved under that subsection may be
subsequently amended or repealed in accordance with the Planning
Act .
Conformity
with official plan as approved
(2) Any
decision of a municipality or the Ontario Land Tribunal made under the Planning Act , as well as any by-law passed or public work
undertaken by a municipality, on or after the date on which the approval of an
official plan or an amendment to an official plan is deemed to have been given
under subsection 1 (3) must conform with the official plan, as approved or
amended, while that approval is in effect.
Building
permits
(3) Nothing
done by operation of this Act has the effect of invalidating a permit referred
to in
section 8 of the Building Code Act, 1992 , nor
does it provide a ground under subsection 8 (10) of that Act for revoking such
a permit.
Limitations
on remedies
(1) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment of this Act or the amendment or repeal of any provision of this Act,
including the rescission of any decision under subsection 17 (34) of the Planning Act or the approval of any official plan or
amendment to an official plan that results from the application of this Act;
(
b) the
making of any decisions under subsection 17 (34) of the Planning
Act that are referred to in subsection 1 (1);
(
c) anything
done or not done in accordance with this Act or any decision under subsection
17 (34) of the Planning Act referred to in
subsection 1 (1); or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to,
(
i) the
actual or potential making of any decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1),
(ii) the
actual or potential acquisition, disposal, use or development of any land
subject to any decision under subsection 17 (34) of the Planning
Act that is referred to in subsection 1 (1), or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any land subject to a decision under
subsection 17 (34) of the Planning Act that is
referred to in subsection 1 (1).
remedy
(2) 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).
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.
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), (2) and (3) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day on which the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
costs award
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(7) 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
(8) This
section does not apply with respect to proceedings brought by the Crown in right
of Ontario.
Person
defined
(9) In
this section,
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents, current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
The Act set out in this
Schedule comes into force on the day the Planning Statute Law Amendment Act, 2023 receives Royal
Assent.
Short
title
The
short title of the Act set out in this
Schedule is the Official Plan Adjustments Act, 2023 .
SCHEDULE 2
PLANNING ACT
Section 47 of the Planning Act is amended by adding
the following subsections:
Limitations
on remedies
(20) No
cause of action arises as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this section;
(
b) a
decision in respect of the exercise of any power under this section, including
but not limited to the making, amendment or revocation of orders under this
section;
(
c) anything
done or not done in accordance with this section; or
(
d) any
representation or other conduct by current or former employees, officers or
agents of the Crown in right of Ontario or current or former members of the
Executive Council that is related, directly or indirectly, to
(
i) the
actual or potential making of any decision under this section,
(ii) the
actual or potential acquisition, disposal, use or development of any land subject to any decision under this section, or
(iii) the
actual or potential granting or issuance of any approval, permit, order, by-law
or other instrument in respect of any order under this section.
remedy
(21) 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 (20).
Proceedings
barred
(22) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (20) may be brought or maintained against any person.
Application
(23) Subsection
(22) 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 of Ontario.
Retrospective
effect
(24) Subsections
(20), (21) and (22) apply regardless of whether a cause of action on which a
proceeding is purportedly based arose before, on or after the day
section 1 of
Schedule
2 to the Planning Statute Law Amendment Act, 2023 comes
into force.
costs award
(25) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (22).
expropriation or injurious affection
(26) Nothing
referred to in subsection (20) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(27) Subsections
(20) to (26) and this subsection do not apply with respect to proceedings
brought by the Crown in right of Ontario.
Person
defined
(28) In
subsections (20) to (27),
“person”
includes the Crown in right of Ontario and its current and former employees,
officers and agents and current and former members of the Executive Council and
municipalities and their current and former employees, officers and agents.
Commencement
This
Schedule comes into force on the day the Planning
Statute Law Amendment Act, 2023 receives Royal Assent.
Date Bill stage Event Outcome Committee
December 6, 2023
Royal Assent
Royal Assent received
December 5, 2023
Third Reading
Vote
Carried
December 5, 2023
Third Reading
Question put
December 5, 2023
Third Reading
Debated
December 5, 2023
Second Reading
Time allocated
November 30, 2023
Second Reading
Ordered for Third Reading
November 30, 2023
Second Reading
Report adopted
November 30, 2023
Second Reading
Reported as amended
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 29, 2023
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 28, 2023
Second Reading
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 20, 2023
Second Reading
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 20, 2023
Second Reading
Vote
Carried
November 20, 2023
Second Reading
Question put
November 20, 2023
Second Reading
Debated
November 16, 2023
First Reading
Ordered for Second Reading
November 16, 2023
First Reading
Vote
Carried
First Reading
November 16, 2023
Carried
Ordered for Second Reading
Second Reading
November 20, 2023
Principal Debaters
Blais, Stephen
Orléans
Bouma, Will
Brantford—Brant
Bowman, Stephanie
Don Valley West
Calandra, Hon. Paul
Markham—Stouffville
Flack, Hon. Rob
Elgin—Middlesex—London
Gates, Wayne
Niagara Falls
Gretzky, Lisa
Windsor West
Kusendova-Bashta, Natalia
Mississauga Centre
Leardi, Anthony
Essex
Pasma, Chandra
Ottawa West—Nepean
Rae, Matthew
Perth—Wellington
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Bourgouin, Guy
Mushkegowuk—James Bay
Coe, Lorne
Whitby
Grewal, Hardeep
Brampton East
Hogarth, Christine
Etobicoke—Lakeshore
Khanjin, Hon. Andrea
Barrie—Innisfil
Sabawy, Sheref
Mississauga—Erin Mills
Taylor, Monique
Hamilton Mountain
Vanthof, John
Timiskaming—Cochrane
Question put
Carried
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 28, 2023
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 29, 2023
Consideration of a Bill
Standing Committee on Heritage, Infrastructure and Cultural Policy
November 30, 2023
Reported as amended
Standing Committee on Heritage, Infrastructure and Cultural Policy
Report adopted
Ordered for Third Reading
December 5, 2023
Time allocated
Third Reading
December 5, 2023
Principal Debaters
Flack, Hon. Rob
Elgin—Middlesex—London
Rae, Matthew
Perth—Wellington
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Question put
Carried
Royal Assent
December 6, 2023
Royal Assent received