Planning Act, R.S.O. 1990, c. P.13

CONTENTS 1. Interpretation 1.0.1 Information and material to be made available to public 1.1 Purposes 1.2 Not-for-Profit Corporations Act, 2010 PART I PROVINCIAL ADMINISTRATION 2. Provincial interest 2.1 Approval authorities and Tribunal to have regard to certain matters 3. Policy statements 4. Delegation of Minister’s powers 5. Further delegation of powers 6. Consultation 7. Grants PART II LOCAL PLANNING ADMINISTRATION 8. Planning advisory committee 8.1 Local appeal body 9. Planning area defined by Minister 10. Planning area in unorganized territory 11. Body corporate 12. Estimates 13. Municipal grants 14. Duties of planning board 14.1 Joint planning areas 14.2 Municipal planning authority 14.3 Finance 14.4 Expansion 14.5 Removal 14.6 Dissolution 14.7 Official plan 14.8 Deemed council, municipality 15. Upper-tier municipalities, planning functions PART III OFFICIAL PLANS 16. Official plan 16.0.1 Transition re official plan framework 16.1 Prescribed process 17. Approvals 17.1 Delegation of approval authority 18. Recommendation of plan 19. Unorganized territory 19.1 Deemed council 20. Lodging of plan 21. Amendment or repeal of plan 22. Request for amendment 22.1 Interpretation of transitional provisions 23. Matter of provincial interest affected by official plan 24. Public works and by-laws to conform with plan 25. Acquisition of lands in accordance with provisions of plan 26. Updating official plan 27. Amendments to conform to official plan PART IV COMMUNITY IMPROVEMENT 28. Community improvement project area 29. Agreement re studies and development 30. Agreements for grants in aid of community improvement 32. Grants or loans for repairs 33. Demolition control area PART V LAND USE CONTROLS AND RELATED ADMINISTRATION 34. Zoning by-laws 34.1 Transition, orders under former s. 34.1 35. No distinction on the basis of relationship 35.1 Restrictions for residential units 35.1.1 Restrictions for elementary and secondary schools 35.2 By-laws to give effect to inclusionary zoning policies 36. Holding provision by-law 37. Community benefits charges 37.1 Transitional matters respecting repealed s. 37, etc. 38. Interim control by-law 39. Temporary use provisions 39.1 Garden suites 39.2 Minor by-laws — delegation 40. Agreement exempting owner from requirement to provide parking 41. Site plan control area 42. Conveyance of land for park purposes 43. Application of subss. 34 (12-34) 44. Committee of adjustment 45. Powers of committee 46. Mobile homes, land lease community homes 47. Power of Minister re zoning and subdivision control 48. Where licence, etc., not to issue 49. Power of entry 49.1 Search warrant 49.2 Minister’s order re agreements 49.3 Non-application of Part V, etc. PART VI SUBDIVISION OF LAND 50. Interpretation 50.1 Division of land by will 51. Plan of subdivision approvals 51.1 Parkland 51.2 Delegation to committee or officer 52. Sale of lands in accordance with unregistered plan prohibited 53. Consents 54. Delegation of authority to give consents 55. District land division committee, delegation 56. Land division committee 57. Validation certificate PART VII GENERAL 58. Acquisition of land 59. Power to clear, grade, etc., lands acquired 60. Exchange of lands 61. Fair hearing 62. Not subject to Act 62.0.1 Exempt projects, undertakings, etc. 62.0.2 Undertakings of post-secondary institutions 62.0.3 Non-application of Act — community service facilities 62.0.4 Undertakings, training or skills development 62.1 Variation of notice requirements 63. Deemed compliance 64. Reporting on planning matters 65. Discretionary dispute resolution techniques 66. Effect where authority delegated 67. Penalty 67.1 Proceeds of fines 68. Exception 69. Tariff of fees 69.1 Fees 69.2 Fees 70. General regulations, Lieutenant Governor in Council 70.1 General regulations, Minister 70.2 Regulations re development permit system 70.2.1 Use of alternate terminology 70.2.2 Orders re development permit system 70.3.1 Regulations re surety bonds and other instruments 70.4 Regulations re transitional and other matters, 2004 amendments 70.5 Regulations re transitional and other matters, 2006 amendments 70.6 Regulations re transitional matters, 2015 amendments 70.7 Regulations re transitional matters, 2016 amendments 70.8 Regulations re transitional matters, 2017 amendments 70.9 Regulations re transitional matters, 2018 amendments 70.10 Regulations re transitional matters, 2019 amendments 70.11 Regulations re periods of time during emergency 70.12 Regulations re transitional matters, 2022 amendments 70.13 Transition, upper-tier municipalities without planning responsibilities 71. Conflict 72. Repeal of joint official plans 72.1 Continuation 73. Planning areas and boards dissolved 74. Transition 74.1 Transition 75. Transition 76. Transition – residential units 77. County of Oxford Schedule 1 Contents of an official plan under subsection 16 (1) Interpretation 1 (1) In this Act, “area of employment” means an area of land designated in an official plan for clusters of business and economic uses, those being uses that meet the following criteria: 1. The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following: i. Manufacturing uses. ii. Uses related to research and development in connection with manufacturing anything. iii. Warehousing uses, including uses related to the movement of goods. iv. Retail uses and office uses that are associated with uses mentioned in subparagraphs i to iii. v. Facilities that are ancillary to the uses mentioned in subparagraphs i to iv. vi. Any other prescribed business and economic uses. 2. The uses are not any of the following uses: i. Institutional uses. ii. Commercial uses, including retail and office uses not referred to in subparagraph 1 iv; (“zone d’emploi”) “area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”) “committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “higher order transit” means transit that operates in whole or in part in a dedicated right of way, including heavy rail, light rail and buses; (“transport en commun d’un niveau supérieur”) “land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”) “local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”) “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police service board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”) “Minister” means the Minister of Municipal Affairs and Housing; (“ministre”) “parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by, (a) sewage works within the meaning of the Ontario Water Resources Act that are owned by, (i) a municipality, (ii) a municipal service board established under the Municipal Act, 2001, (iii) a city board established under the City of Toronto Act, 2006, (iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act, or (v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and (b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; (“parcelle de terrain urbain d’habitation”) “payment in lieu” means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; (“paiement tenant lieu de cession”) “prescribed” means prescribed by the regulations; (“prescrit”) “provincial plan” means, (a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005, (b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act, (c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001, (d) a development plan approved under the Ontario Planning and Development Act, 1994, (e) a growth plan approved under the Places to Grow Act, 2005, (e.1) a designated policy as defined in section 2 of the Lake Simcoe Protection Act, 2008, (e.2) a designated policy as defined in section 3 of the Great Lakes Protection Act, 2015, (e.3) a designated Great Lakes policy or a significant threat policy, as those terms are defined in subsection 2 (1) of the Clean Water Act, 2006, or (f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; (“plan provincial”) “public body” means a municipality, a local board, a hospital as defined in section 1 of the Public Hospitals Act, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”) “public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”) “regulations” means regulations made under this Act. (“règlements”) “renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”) “renewable energy project” has the same meaning as in the Electricity Act, 1998; (“projet d’énergie renouvelable”) “renewable energy testing facility” has the same meaning as in the Electricity Act, 1998; (“installation d’évaluation du potentiel en énergie renouvelable”) “renewable energy testing project” has the same meaning as in the Electricity Act, 1998; (“projet d’évaluation du potentiel en énergie renouvelable”) “renewable energy undertaking” means a renewable energy generation facility, a renewable energy project, a renewable energy testing facility or a renewable energy testing project; (“entreprise d’énergie renouvelable”) “residential unit” means a unit that, (a) consists of a self-contained set of rooms located in a building or structure, (b) is used or intended for use as residential premises, and (c) contains kitchen and bathroom facilities that are intended for the use of the unit only. (“unité d’habitation”) “specified person” means, (a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply, (b) Ontario Power Generation Inc., (c) Hydro One Inc., (d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply, (e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply, (f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply, (g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, (h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”) (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); “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities: Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act is amended by adding the following paragraph: (See: 2026, c. 8, Sched. 7, s. 1 (1)) 0.1 The County of Simcoe in relation to lands in the Town of Bradford West Gwillimbury, the Town of Innisfil and the Town of New Tecumseth. Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act is amended by adding the following paragraph: (See: 2026, c. 8, Sched. 7, s. 1 (2)) 0.1.1 The County of Simcoe in relation to the lands in the prescribed lower-tier municipalities in the County of Simcoe. Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1) of the Act is amended by adding the following paragraph: (See: 2026, c. 8, Sched. 7, s. 1 (3)) 0.1.2 The County of Simcoe in relation to lands in any lower-tier municipality in the County of Simcoe not mentioned in paragraph 0.1 and not prescribed for the purposes of paragraph 0.1.1. 0.2 The Regional Municipality of Durham. 1. The Regional Municipality of Halton. 1.1 The Regional Municipality of Niagara. 2. The Regional Municipality of Peel. 2.1 The Regional Municipality of Waterloo. 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”) “upper-tier municipality with planning responsibilities” means an upper-tier municipality that is not an upper-tier municipality without planning responsibilities. (“municipalité de palier supérieur avec responsabilités en matière d’aménagement”) R.S.O. 1990, c. P.13, s. 1; 1994, c. 23, s. 3 (2); 1996, c. 4, s. 1 (1-3); 2002, c. 17, Sched. B, s. 1; 2004, c. 18, s. 1; 2006, c. 23, s. 1 (1-4); 2009, c. 12, Sched. K, s. 1; 2009, c. 12, Sched. L, s. 19; 2015, c. 26, s. 11 (1); 2017, c. 23, Sched. 3, s. 1; 2017, c. 23, Sched. 5, s. 79; 2018, c. 16, s. 8 (1-3); 2019, c. 1, Sched. 4, s. 45; 2021, c. 4, Sched. 6, s. 80 (2); 2022, c. 21, Sched. 9, s. 1 (1, 2); 2023, c. 10, Sched. 6, s. 1 (1); 2024, c. 16, Sched. 12, s. 1 (1-3, 5-7). Area of employment (1.1) An area of land designated in an official plan for clusters of business and economic uses is an area of employment for the purposes of this Act even if the area of land includes one or more parcels of land that are subject to official plan policies authorizing the continuation of a use that is excluded from being a business and economic use under paragraph 2 of the definition of “area of employment” in subsection (1), provided that the use was lawfully established on the parcel of land before the day subsection 1 (1) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came into force. 2023, c. 10, Sched. 6, s. 1 (2). Same (1.2) For greater certainty, the official plan policies referred to in subsection (1.1) shall not authorize a use that is excluded from being a business and economic use under paragraph 2 of the definition of “area of employment” in subsection (1) on any parcels of land in the area on which the use was not lawfully established before the day subsection 1 (1) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came into force. 2023, c. 10, Sched. 6, s. 1 (2). Limitation (2) The term “public body” in subsection (1) excludes all ministries of the Province of Ontario except the Ministry of Municipal Affairs and Housing in respect of subsections 17 (24), (36) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4), 45 (12), 51 (39), (43), (48) and (52.1) and 53 (19) and (27). 1996, c. 4, s. 1 (4); 2006, c. 23, s. 1 (5); 2015, c. 26, s. 11 (2); 2022, c. 21, Sched. 9, s. 1 (3); 2023, c. 10, Sched. 6, s. 1 (3). Designation (3) Despite subsection (2), the Minister may by regulation designate any other ministry of the Province of Ontario to be a public body for the purpose of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4). Exclusion (4) The Minister may by regulation exclude any board, commission, agency or official of the Province of Ontario from the definition of “public body” set out in subsection (1) in respect of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4). Limitation (4.1) A reference to a person or public body in the following provisions does not include a conservation authority under the Conservation Authorities Act except where an appeal made under or referred to in one of those provisions relates to natural hazard policies in any policy statements issued under section 3 of the Act, except for those policies that relate to hazardous forest types for wildland fire: 1. Paragraph 1.1 of subsection 17 (24). 2. Paragraph 1.1 of subsection 17 (36). 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2.1 of subsection 34 (19). 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4). 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). 2022, c. 21, Sched. 9, s. 1 (4); 2023, c. 10, Sched. 6, s. 1 (3-7); 2024, c. 16, Sched. 12, s. 1 (8, 9). Transition (4.2) Despite subsection (4.1), a conservation authority that was a party to an appeal under a provision listed in subsection (4.1) on the day before the day subsection 1 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force may continue as a party to the appeal after that date until the final disposition of the appeal. 2022, c. 21, Sched. 9, s. 1 (4). Limitation (4.3) A reference to a person or public body in the following provisions does not include an upper-tier municipality without planning responsibilities: 1. Paragraphs 1.1 and 4 of subsection 17 (24). 2. Paragraphs 1.1 and 3 of subsection 17 (36). 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2.1 of subsection 34 (19). 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4). 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). 2022, c. 21, Sched. 9, s. 1 (5); 2023, c. 10, Sched. 6, s. 1 (11). 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). 2024, c. 16, Sched. 12, s. 1 (10). (5) Repealed: 2023, c. 10, Sched. 6, s. 1 (12). Regulations, upper-tier municipality without planning responsibilities (6) The Lieutenant Governor in Council may, by regulation, prescribe additional upper-tier municipalities for the purposes of the definition of “upper-tier municipality without planning responsibilities” in subsection (1). 2022, c. 21, Sched. 9, s. 1 (6). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 3 (2) - 28/03/1995; 1996, c. 4, s. 1 (1-4) - 22/05/1996 2002, c. 17, Sched. B, s. 1 - 01/01/2003 2004, c. 18, s. 1 - 15/12/2003 2006, c. 23, s. 1 (1-6) - 01/01/2007 2009, c. 12, Sched. K, s. 1 - 24/09/2009; 2009, c. 12, Sched. L, s. 19 - 14/05/2009 2015, c. 26, s. 11 (1) - 01/07/2016; 2015, c. 26, s. 11 (2) - 03/12/2015 2017, c. 23, Sched. 3, s. 1 (1, 2) - 03/04/2018; 2017, c. 23, Sched. 5, s. 79 (1, 2) - 03/04/2018 2018, c. 3, Sched. 5, s. 47 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 16, s. 8 (1-3) - 01/01/2019 2019, c. 1, Sched. 4, s. 45 - 01/04/2024 2020, c. 36, Sched. 6, s. 26 (1, 2) - no effect - see 2022, c. 21, Sched. 9, s. 24 - 28/11/2022 2021, c. 4, Sched. 6, s. 80 (2) - 01/06/2021 2022, c. 21, Sched. 9, s. 1 (1, 3) - 28/11/2022; 2022, c. 21, Sched. 9, s. 1 (2, 5, 6) - 01/07/2024; 2022, c. 21, Sched. 9, s. 1 (4) - 01/01/2023 2023, c. 10, Sched. 6, s. 1 (1, 2, 12) - 20/10/2024; 2023, c. 10, Sched. 6, s. 1 (11) - 01/07/2024; 2023, c. 10, Sched. 6, s. 1 (8-10) - no effect - see 2024, c. 16, Sched. 12, s. 17 - 06/06/2024; 2023, c. 10, Sched. 6, s. 1 (3-7) - 08/06/2023 2024, c. 16, Sched. 12, s. 1 (1, 2, 8, 9) - 06/06/2024; 2024, c. 16, Sched. 12, s. 1 (3, 10) - 01/07/2024; 2024, c. 16, Sched. 12, s. 1 (4) - no effect - see 2026, c. 8, Sched. 7, s. 15 – 02/06/2026; 2024, c. 16, Sched. 12, s. 1 (5, 7) - 01/01/2025; 2024, c. 16, Sched. 12, s. 1 (6) - 31/03/2025 2026, c. 8, Sched. 7, s. 1 (1-3) - not in force Information and material to be made available to public 1.0.1 Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public. 2006, c. 23, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 2 - 01/01/2007 Purposes 1.1 The purposes of this Act are, (a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act; (b) to provide for a land use planning system led by provincial policy; (c) to integrate matters of provincial interest in provincial and municipal planning decisions; (d) to provide for planning processes that are fair by making them open, accessible, timely and efficient; (e) to encourage co-operation and co-ordination among various interests; (f) to recognize the decision-making authority and accountability of municipal councils in planning. 1994, c. 23, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 4 - 28/03/1995 Not-for-Profit Corporations Act, 2010 1.2 The Not-for-Profit Corporations Act, 2010 does not apply to a body corporate established under this Act. 2017, c. 20, Sched. 8, s. 119. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 119 - 19/10/2021 PART I PROVINCIAL ADMINISTRATION Provincial interest 2 The Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (a) the protection of ecological systems, including natural areas, features and functions; (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; (e) the supply, efficient use and conservation of energy and water; (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; (g) the minimization of waste; (h) the orderly development of safe and healthy communities; (h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies; (i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities; (j) the adequate provision of a full range of housing, including affordable housing; (k) the adequate provision of employment opportunities; (l) the protection of the financial and economic well-being of the Province and its municipalities; (m) the co-ordination of planning activities of public bodies; (n) the resolution of planning conflicts involving public and private interests; (o) the protection of public health and safety; (p) the appropriate location of growth and development; (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; (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; (s) the mitigation of greenhouse gas emissions and adaptation to a changing climate. 1994, c. 23, s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1; 2015, c. 26, s. 12; 2017, c. 10, Sched. 4, s. 11 (1); 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 5 - 28/03/1995; 1996, c. 4, s. 2 - 22/05/1996 2001, c. 32, s. 31 (1) - 30/09/2002 2006, c. 23, s. 3 - 01/01/2007 2011, c. 6, Sched. 2, s. 1 - 04/05/2011 2015, c. 26, s. 12 - 01/07/2016 2017, c. 10, Sched. 4, s. 11 (1) - 30/05/2017; 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 Approval authorities and Tribunal to have regard to certain matters 2.1 (1) When an approval authority or the Tribunal makes a decision under this Act that relates to a planning matter, it shall have regard to, (a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and (b) any information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (1); 2019, c. 9, Sched. 12, s. 1 (1). Same, Tribunal (2) When the Tribunal makes a decision under this Act that relates to a planning matter that is appealed because of the failure of a municipal council or approval authority to make a decision, the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter. 2019, c. 9, Sched. 12, s. 1 (2). Same (3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter. 2015, c. 26, s. 13. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 4 - 01/01/2007 2015, c. 26, s. 13 - 01/07/2016 2017, c. 23, Sched. 3, s. 2 (1, 2) - 03/04/2018 2019, c. 9, Sched. 12, s. 1 (1, 2) - 03/09/2019 Policy statements 3 (1) The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. R.S.O. 1990, c. P.13, s. 3 (1). Approval of Minister, etc. (1.1) A policy statement may require an approval or determination by the Minister, any other minister of the Crown or multiple ministers of the Crown for any of the matters provided for in the policy statement. 2017, c. 23, Sched. 3, s. 3. Minister to confer (2) Before issuing a policy statement, the Minister shall confer with such persons or public bodies that the Minister considers have an interest in the proposed statement. 1994, c. 23, s. 6 (1). Notice (3) If a policy statement is issued under subsection (1), the Minister shall cause it to be published in The Ontario Gazette and shall give such further notice of it, in such manner as the Minister considers appropriate, to all members of the Assembly and to any other persons or public bodies that the Minister considers have an interest in the statement. 1994, c. 23, s. 6 (1). Idem (4) Each municipality that receives notice of a policy statement under subsection (3) shall in turn give notice of the statement to each local board of the municipality that it considers has an interest in the statement. R.S.O. 1990, c. P.13, s. 3 (4). Policy statements and provincial plans (5) A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Tribunal, in respect of the exercise of any authority that affects a planning matter, (a) subject to a regulation made under subsection (6.1), shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5; 2017, c. 23, Sched. 5, s. 80; 2023, c. 10, Sched. 6, s. 2 (1). Same, exception (5.1) Despite clause (5) (a), a decision of the Minister, other than a part of a decision that applies to land in the Greenbelt Area, is not required to be consistent with the policy statements issued under subsection (1). 2025, c. 14, Sched. 10, s. 1. Same, retroactive effect (5.2) For greater certainty, subsection (5.1) applies to decisions that were made before the day section 1 of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 came into force and, for that purpose, references in subsection (5.1) to clause (5) (a) include references to the predecessors of that clause. 2025, c. 14, Sched. 10, s. 1. Same (6) Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government, (a) subject to a regulation made under subsection (6.1), shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5; 2023, c. 10, Sched. 6, s. 2 (2). Minister’s regulations re transition (6.1) The Minister may make regulations providing for transitional matters which, in the opinion of the Minister, are necessary or desirable to facilitate the implementation of a policy statement issued under subsection (1), other than a policy statement deemed under subsection (8) to be a policy statement issued under subsection (1). 2023, c. 10, Sched. 6, s. 2 (3). Same (6.2) Without limiting the generality of subsection (6.1), a regulation under that subsection may, (a) provide for transitional matters respecting matters, applications and proceedings that were commenced before or after a policy statement comes into effect; (b) provide that the policy statement being implemented does not apply, in whole or in part, to specified matters, applications and proceedings or providing that a previous policy statement continues to apply, in whole or in part, to the specified matters, applications and proceedings; (c) deem a matter, application or proceeding to have been commenced on the date or in the circumstances described in the regulations. 2023, c. 10, Sched. 6, s. 2 (3). Duties of Minister unaffected (7) Except as provided in subsections (5) and (6), nothing in this section affects nor restricts the Minister in carrying out the Minister’s duties and responsibilities under this Act. 1996, c. 4, s. 3. Deemed policy statements (8) Each of the following is deemed to be a policy statement issued under subsection (1): 1. A policy statement issued under section 31.1 of the Metrolinx Act, 2006. 2. A policy statement issued under section 11 of the Resource Recovery and Circular Economy Act, 2016. 3. A policy or statement that is prescribed for the purpose of this subsection. 2017, c. 23, Sched. 3, s. 3. Exceptions (9) Subsections (1.1), (2), (3) and (10) do not apply to a policy or statement that is deemed by subsection (8) to be a policy statement issued under subsection (1). 2017, c. 23, Sched. 3, s. 3. Review (10) The Minister shall, at least every 10 years from the date that a policy statement is issued under subsection (1), ensure that a review of the policy statement is undertaken for the purpose of determining the need for a revision of the policy statement. 1994, c. 23, s. 6 (3); 2015, c. 26, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 6 (1, 3) - 28/03/1995; 1996, c. 4, s. 3 - 22/05/1996; 1998, c. 15, Sched. E, s. 27 (1, 2) - 01/04/1999 2004, c. 18, s. 2 - 01/03/2005 2006, c. 23, s. 5 - 01/01/2007 2015, c. 26, s. 14 - 03/12/2015 2017, c. 23, Sched. 3, s. 3 - 03/04/2018; 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 2023, c. 10, Sched. 6, s. 2 (1-3) - 08/06/2023 2025, c. 14, Sched. 10, s. 1 - 27/11/2025 Delegation of Minister’s powers 4 (1) The Minister, on the request of the council of any municipality, may, by order, delegate to the council any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval the official plan or amendments to the official plan of the municipality of which it is the council and, where the Minister has delegated any such authority, the council has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the council shall be responsible for all matters pertaining thereto. R.S.O. 1990, c. P.13, s. 4 (1); 1996, c. 4, s. 4 (1); 1999, c. 12, Sched. M, s. 21; 2006, c. 23, s. 6; 2015, c. 26, s. 15 (1). Same (2) The Minister, on the request of the planning board of any planning area in a territorial district, may, by order, delegate to the planning board any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval an official plan or amendments to an official plan, and where the Minister has delegated any such authority the planning board has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the planning board shall be responsible for all matters pertaining thereto. R.S.O. 1990, c. P.13, s. 4 (2); 1996, c. 4, s. 4 (2); 2015, c. 26, s. 15 (2). Delegation where no request is made (2.1) The Minister may, after the prescribed notice is given, by order delegate to the council of an upper-tier municipality or a single-tier municipality any of the Minister’s authority described in subsection (1) if the municipality has an official plan. 2002, c. 17, Sched. B, s. 2. Delegation to planning board (2.2) The Minister may, after the prescribed notice is given, by order delegate to a planning board any of the Minister’s authority described in subsection (2) if the planning board has an official plan. 1996, c. 4, s. 4 (3). (3) Repealed: 1994, c. 23, s. 7. Conditions (4) A delegation made by the Minister under this section may be subject to such conditions as the Minister may by order provide. 1996, c. 4, s. 4 (4). Withdrawal of delegation of powers (5) The Minister may by order, accompanied by a written explanation therefor, withdraw any delegation made under this section and, without limiting the generality of the foregoing, such withdrawal may be either in respect of one or more applications for approval specified in the order or in respect of any or all applications for approval made subsequent to the withdrawal of the delegation, and immediately following any such withdrawal the council or the planning board, as the case may be, shall forward to the Minister all papers, plans, documents and other material in the possession of the municipal corporation or the planning board that relate to any matter in respect of which the authority was withdrawn and of which a final disposition was not made by the council or the planning board prior to such withdrawal. R.S.O. 1990, c. P.13, s. 4 (5); 1993, c. 26, s. 49 (4); 1996, c. 4, s. 4 (5). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 49 (4) - 02/12/1993; 1994, c. 23, s. 7 - 28/03/1995; 1996, c. 4, s. 4 (1-5) - 22/05/1996; 1999, c. 12, Sched. M, s. 21 - 22/12/1999 2002, c. 17, Sched. B, s. 2 - 01/01/2003 2006, c. 23, s. 6 - 01/01/2007 2015, c. 26, s. 15 (1, 2) - 03/12/2015 Further delegation of powers 5 (1) Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Tribunal. R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1); 2017, c. 23, Sched. 5, s. 83. Limitation (2) Despite subsection (1), a council may not delegate the authority to approve or the authority to exempt from approval amendments to official plans without the prior written approval of the Minister, which approval may be subject to such further conditions as the Minister considers appropriate. R.S.O. 1990, c. P.13, s. 5 (2); 1996, c. 4, s. 5 (2). Further delegation of powers (3) In addition to the authority of a council to, in turn, delegate any authority under subsection (1), where the Minister has delegated to a council his or her authority for the giving of consents under section 53, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate the authority for the giving of consents to a committee of adjustment constituted under section 44. Conditions (4) A delegation made by a council under subsection (1) or (3) may be subject to such conditions as the council may by by-law provide and as are not in conflict with any conditions provided by order of the Minister under section 4. Withdrawal of delegation of powers (5) A council may by by-law withdraw any delegation made under subsection (1) or (3), whereupon subsection 4 (5) applies with necessary modifications. R.S.O. 1990, c. P.13, s. 5 (3-5). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 5 (1, 2) - 22/05/1996 2017, c. 23, Sched. 5, s. 83 - 03/04/2018 Consultation 6 (1) In this section, “ministry” means any ministry or secretariat of the Government of Ontario and includes a board, commission or agency of the Government. R.S.O. 1990, c. P.13, s. 6 (1); 1998, c. 15, Sched. E, s. 27 (3). Planning policies (2) A ministry, before carrying out or authorizing any undertaking that the ministry considers will directly affect any municipality, shall consult with, and have regard for, the established planning policies of the municipality. R.S.O. 1990, c. P.13, s. 6 (2). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 27 (3) - 01/04/1999 Grants 7 The Minister may, out of the money appropriated therefor by the Legislature, make grants of money to assist in the performing of any duty or function of a planning nature. R.S.O. 1990, c. P.13, s. 7. PART II LOCAL PLANNING ADMINISTRATION Planning advisory committee Mandatory for certain municipalities 8 (1) The council of every upper-tier municipality with planning responsibilities and the council of every single-tier municipality that is not in a territorial district, except the council of the Township of Pelee, shall appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16; 2022, c. 21, Sched. 9, s. 2 (1). Optional for other municipalities (2) The council of a lower-tier municipality, the council of an upper-tier municipality without planning responsibilities, the council of a single-tier municipality that is in a territorial district or the council of the Township of Pelee may appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16; 2022, c. 21, Sched. 9, s. 2 (2). Joint planning by agreement (3) The councils of two or more municipalities described in subsection (2) may enter into an agreement to provide for the joint undertaking of such matters of a planning nature as may be agreed upon and may appoint a joint planning advisory committee in accordance with this section. 2015, c. 26, s. 16. Membership (4) The members of a planning advisory committee shall be chosen by the council and shall include at least one resident of the municipality who is neither a member of a municipal council nor an employee of the municipality. 2015, c. 26, s. 16. Same (5) Subsection (4) applies with respect to a joint planning advisory committee, with necessary modifications. 2015, c. 26, s. 16. Remuneration (6) Persons appointed to a committee under this section may be paid such remuneration and expenses as the council or councils may determine, and where a joint committee is appointed, the councils may by agreement provide for apportioning the costs of the payments to their respective municipalities. 2015, c. 26, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 16 - 01/07/2016 2022, c. 21, Sched. 9, s. 2 (1, 2) - 01/07/2024 Local appeal body 8.1 (1) If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5). 2006, c. 23, s. 7. Local and upper-tier municipalities (2) For greater certainty, this section applies to both local and upper-tier municipalities. 2006, c. 23, s. 7. Term and qualifications (3) A person who is appointed to the local appeal body, (a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and (b) shall have the prescribed qualifications, if any. 2006, c. 23, s. 7. Eligibility criteria (4) In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria. 2006, c. 23, s. 7. Restriction (5) The council shall not appoint to the local appeal body a person who is, (a) an employee of the municipality; (b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or (c) a member of a prescribed class. 2006, c. 23, s. 7. Power to hear appeals, etc. (6) The council may by by-law empower the local appeal body to hear appeals or motions for directions, as the case may be, under, (a) subsections 41 (4.2), (12) and (12.0.1); (b) subsection 45 (12); (c) subsections 53 (4.1), (14), (19) and (27); or (d) the provisions listed in any combination of clauses (a), (b) and (c). 2017, c. 23, Sched. 3, s. 4 (1). Interpretation re appeals (6.1) The following rules apply if a by-law has been passed under subsection (6) empowering the local appeal body to hear motions for directions under subsection 41 (4.2) or 53 (4.1), or both: 1. References in this section to an appeal, other than in subsection (10), shall be read as including a reference to a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be. 2. The reference in subsection (9) to an appellant shall be read as including a reference to a person or public body making a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be. 2017, c. 23, Sched. 3, s. 4 (1). Effect of by-law under subs. (6) (7) If a by-law has been passed under subsection (6), (a) the local appeal body has all the powers and duties of the Tribunal under the relevant provisions of this Act; (b) all references in this Act to the Tribunal in connection with appeals under the relevant provisions shall be read as references to the local appeal body; and (c) appeals under the relevant provisions shall be made to the local appeal body, not to the Tribunal. 2017, c. 23, Sched. 3, s. 4 (2). Prescribed requirements (8) The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body. 2006, c. 23, s. 7. Fee (9) An appellant shall pay to the local appeal body any fee that the council establishes by by-law. 2006, c. 23, s. 7. Appeal (10) An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law. 2006, c. 23, s. 7. Exception (11) Subsection (10) does not apply in respect of a motion for directions under subsection 41 (4.2) or 53 (4.1). 2017, c. 23, Sched. 3, s. 4 (3). Exception, related appeals (12) Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Tribunal, not to the local appeal body, if a related appeal, (a) has previously been made to the Tribunal and has not yet been finally disposed of; or (b) is made to the Tribunal together with the appeal under a provision listed in subsection (6). 2017, c. 23, Sched. 5, s. 84 (1). Same (13) For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made, (a) in respect of the same matter as the appeal under a provision listed in subsection (6); and (b) under another provision listed in subsection (6) in respect of which the local appeal body has not been empowered, under section 17, 22, 34, 36, 38 or 51 or in relation to a development permit system. 2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s.

4 (4). Dispute (14) A person may make a motion for directions to have the Tribunal determine a dispute about whether subsection (12) or (16) applies to an appeal. 2017, c. 23, Sched. 5, s. 84 (1). Final determination (15) The Tribunal’s determination under subsection (14) is not subject to appeal or review. 2017, c. 23, Sched. 5, s. 84 (1). Tribunal to assume jurisdiction (16) If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed with the Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first-mentioned appeal. 2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (5). Same (17) When the Tribunal assumes jurisdiction as described in subsection (16), the local appeal body, (a) shall immediately forward to the Tribunal all information and material in its possession that relates to the appeal; and (b) shall not take any further action with respect to the appeal. 2017, c. 23, Sched. 5, s. 84 (1). Withdrawal of power (18) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made. 2006, c. 23, s. 7. Exception (19) An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order. 2006, c. 23, s. 7. Effect of withdrawal (20) If an order is made under subsection (18), (a) the Tribunal shall hear all appeals to which the order applies; and (b) the local appeal body to which the order relates shall forward to the Tribunal all information and material in its possession that relates to any appeal to which the order applies. 2017, c. 23, Sched. 5, s. 84 (1). Revocation of withdrawal (21) The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (18). 2006, c. 23, s. 7. Exception (22) An order made under subsection (21) does not apply to an appeal if the hearing before the Tribunal has begun on or before the date of the order. 2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 80. Effect of revocation (23) If an order is made under subsection (21), (a) the local appeal body shall hear all appeals to which the order applies; and (b) the Tribunal shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies. 2017, c. 23, Sched. 5, s. 84 (1). Dissolution of local appeal body (23.1) Subject to subsections (23.2) and (23.3), the Minister may by order dissolve the local appeal body. 2017, c. 10, Sched. 4, s. 11 (2). Rules re dissolution order (23.2) If the Minister makes an order under subsection (23.1), the following rules apply: 1. In respect of an appeal that is made to the local appeal body on or before the date the order is made and for which a hearing before the local appeal body has not begun on or before that date, the appeal shall be heard by the Tribunal and the local appeal body shall forward to the Tribunal all information and material in its possession that relates to any such appeal. 2. The local appeal body shall continue to hear an appeal for which a hearing has begun on or before the date of the order. 3. An appeal under a provision listed in subsection (6) shall be made to the Tribunal. 2017, c. 10, Sched. 4, s. 11 (2); 2017, c. 23, Sched. 5, s. 84 (2). Effective date of order under subs. (23.1) (23.3) An order made under subsection (23.1) shall take effect on the following: 1. If there are no appeals referred to in subsection (23.2) before the local appeal body, the date on which the order is made. 2. If there are one or more appeals referred to in subsection (23.2) before the local appeal body, the day on which the local appeal body has finally disposed of all of those appeals. 2017, c. 10, Sched. 4, s. 11 (2). Not regulation (23.4) An order of the Minister under subsection (23.1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2017, c. 10, Sched. 4, s. 11 (2). Restriction (24) This section does not authorize a municipality to, (a) establish a joint local appeal body together with one or more other municipalities; or (b) empower a local appeal body that is established by another municipality to hear appeals. 2006, c. 23, s. 7. City of Toronto (25) This section does not apply with respect to the City of Toronto. 2006, c. 23, s. 7. Transition (26) This section does not apply to the following: 1. An appeal under subsection 45 (12), if the decision of the committee in respect of which a notice of appeal is filed is made before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 2. An appeal under subsection 53 (19) or (27), if the notice under subsection 53 (17) or (24), as the case may be, is given before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 3. An appeal under subsection 41 (4.2), (12) or (12.0.1) or 53 (4.1) or (14), if the appeal is made before the day on which a by-law passed under subsection (6) of this section by the council of the relevant municipality that empowers the local appeal body to hear that type of appeal comes into force. 2017, c. 23, Sched. 3, s. 4 (6). Deeming rule re appeals under s. 53 (4.1) (27) If a municipality has, before the day subsection 4 (1) of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, passed a by-law under subsection (6) of this section empowering the local appeal body to hear appeals under subsections 53 (14), (19) and (27), the by-law is deemed to empower the local appeal body to hear appeals under subsection 53 (4.1) that are made on or after that day. 2017, c. 23, Sched. 3, s. 4 (6). Section Amendments with date in force (d/m/y) 2006, c. 23, s. 7 - 01/01/2007 2017, c. 10, Sched. 4, s. 11 (2) - 30/05/2017; 2017, c. 23, Sched. 3, s. 4 (1-6) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 84 (1, 2) - 03/04/2018 Planning area defined by Minister 9 (1) The Minister may define and name a planning area consisting of the whole of two or more municipalities that are situate in a territorial district or consisting of the whole of one or more municipalities and territory without municipal organization. Planning board for planning area (2) Where a planning area is defined under subsection (1), the Minister shall establish the planning board for the planning area and specify the name of the board and the number of members to be appointed to it by the council of each municipality within the planning area and the number of members, if any, to be appointed by the Minister. Appointments to board (3) The council of each municipality shall appoint to the planning board the number of members specified by the Minister under subsection (2) and, after the initial appointments, the appointments shall be made by each successive council as soon as practicable after the council is organized. Term of office (4) The members, (a) appointed by the council of each municipality shall hold office for the term of the council that appointed them; and (b) appointed by the Minister shall hold office for the term specified by the Minister in their appointment, and until their successors are appointed. R.S.O. 1990, c. P.13, s. 9. Planning area in unorganized territory 10 The Minister may define and name a planning area consisting of territory without municipal organization and may establish and name a planning board for the planning area and appoint the members thereof. R.S.O. 1990, c. P.13, s. 10. Body corporate 11 (1) A planning board is a body corporate and a majority of its members constitutes a quorum. Chair (2) A planning board shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. Secretary-treasurer, employees, consultants (3) A planning board shall appoint a secretary-treasurer, who may be a member of the board, and may engage such employees and consultants as are considered appropriate. Execution of documents (4) The execution of documents by a planning board shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer, and the corporate seal of the board. R.S.O. 1990, c. P.13, s. 11. Estimates 12 (1) A planning board established by the Minister for a planning area consisting of one municipality and territory without municipal organization shall submit annually to the council of the municipality an estimate of its financial requirements for the year and the council may amend such estimate and shall pay to the secretary-treasurer of the planning board out of the money appropriated for the planning board such amounts as may be requisitioned from time to time. R.S.O. 1990, c. P.13, s. 12 (1). Two or more municipalities (2) In the case of a planning board established for a planning area consisting of two or more municipalities or consisting of two or more municipalities and territory without municipal organization, the planning board shall annually submit its estimates to the council of each of such municipalities together with a statement as to the proportion thereof to be chargeable to each municipality. R.S.O. 1990, c. P.13, s. 12 (2). When estimates binding (3) If the estimates submitted under subsection (2) are approved, or are amended and approved, by the councils of municipalities representing more than one-half of the population of the planning area for which the board was established, the estimates are binding on all the municipalities. R.S.O. 1990, c. P.13, s. 12 (3). Notification (4) After the estimates have been approved as provided in subsection (3), the planning board shall so notify each municipality involved and shall notify each such municipality of the total approved estimates and the amount thereof chargeable to it, based on the apportionment set out in the statement submitted under subsection (2). R.S.O. 1990, c. P.13, s. 12 (4). Where apportionment not satisfactory (5) If the council of any municipality is not satisfied with the apportionment, it may, within fifteen days after receiving the notice under subsection (4), notify the planning board and the Tribunal that it desires the apportionment to be made by the Tribunal. 2017, c. 23, Sched. 5, s. 85. Power of Tribunal (6) The Tribunal shall hold a hearing and determine the apportionment and its decision is final. R.S.O. 1990, c. P.13, s. 12 (6); 2017, c. 23, Sched. 5, s. 80. Payment (7) Each municipality shall pay to the secretary-treasurer of the planning board such amounts as may be requisitioned from time to time up to the amount determined by the planning board under subsection (4) or by the Tribunal under subsection (6), as the case may be. R.S.O. 1990, c. P.13, s. 12 (7); 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 80, 85 - 03/04/2018 Municipal grants 13 Any municipality within a planning area may make grants of money to the planning board of the planning area. R.S.O. 1990, c. P.13, s. 13. Duties of planning board 14 (1) A planning board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the board, (a) by the councils to which the board submits its estimates under section 12, or by any of such councils; or (b) by the Minister, in the case of a planning board appointed for a planning area consisting solely or partially of territory without municipal organization. Preparation of official plan (2) A planning board shall prepare a plan suitable for adoption as the official plan of the planning area, or at the request of any of the councils mentioned in subsection (1), prepare a plan suitable for adoption as the official plan of the municipality of which it is the council. R.S.O. 1990, c. P.13, s. 14. Joint planning areas 14.1 (1) The councils of two or more local municipalities that are within one or more counties whether or not they form part of a county for municipal purposes may by by-law define a municipal planning area, establish a municipal planning authority for the area and specify the name of the authority. Approval of by-law (2) The council of a municipality shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Body corporate (3) A municipal planning authority is a body corporate. Composition (4) All the members of a municipal planning authority shall be members of council. Number of members (5) The council of each local municipality shall appoint to the municipal planning authority the number of members prescribed and, after the initial appointments, the appointments shall be made by each successive council as soon as possible after the council is organized. Term (6) The members of the municipal planning authority shall hold office for the term of the council that appointed them and until their successors are appointed. Vacancies (7) If a vacancy occurs from any cause, the council shall, as soon as possible, appoint a member of its council to the municipal planning authority who shall hold office for the remainder of the unexpired term. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 Municipal planning authority 14.2 (1) Each member of a municipal planning authority is entitled to one vote. 1994, c. 23, s. 8. Quorum (2) A majority of the members of a municipal planning authority constitutes a quorum. 1994, c. 23, s. 8. Chair (3) A municipal planning authority shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. 1994, c. 23, s. 8. Secretary-treasurer (4) A municipal planning authority shall appoint a secretary-treasurer who may be a member of the authority. 1994, c. 23, s. 8. Documents (5) The execution of documents by a municipal planning authority shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer and the corporate seal of the authority. 1994, c. 23, s. 8. Records, inspection (6) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions on them and of all other business of the authority, and section 253 of the Municipal Act, 2001 applies with necessary modifications in respect of the documents kept. 1994, c. 23, s. 8; 2002, c. 17, Sched. B, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 2002, c. 17, Sched. B, s. 3 - 01/01/2003 Finance 14.3 (1) On or before March 31 of each year, a municipal planning authority shall determine its financial requirements and the proportion of it to be chargeable to each municipality and shall notify the council of each of the municipalities within the municipal planning area of its financial requirements together with a statement as to the proportion of it to be chargeable to each municipality. 1994, c. 23, s. 8. Determination by Tribunal (2) If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Tribunal that it desires the apportionment to be made by the Tribunal. 2017, c. 23, Sched. 5, s. 86. Hearing (3) The Tribunal shall hold a hearing and determine the apportionment and its decision is final. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Payments (4) Each municipality shall pay to the secretary-treasurer of the municipal planning authority such amounts as may be requisitioned from time to time up to the amount determined by the municipal planning authority under subsection (1) or by the Tribunal under subsection (3), as the case may be. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. County levy (5) If a municipal planning authority has been established, a county shall raise the amounts required for county land use planning purposes by levying a special rate on rateable property not in the municipal planning area. 1997, c. 29, s. 65. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1997, c. 29, s. 65 - 01/01/1998 2017, c. 23, Sched. 5, s. 80, 86 - 03/04/2018 Expansion 14.4 (1) A municipal planning authority may, upon the request of the council of a local municipality that is within a county, whether or not it forms part of the county for municipal purposes, by by-law redefine the municipal planning area to add the municipality to the planning area and rename the municipal planning authority. Approval of by-law (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Appointments (3) The council of a municipality added to a municipal planning authority under subsection (1) shall, as soon as possible, appoint to the authority the number of members prescribed and, after the initial appointment, the appointments shall be made by each successive council, as soon as possible, after the council is organized. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 Removal 14.5 (1) Upon the request of the council of a local municipality that is within a municipal planning area, the municipal planning authority shall by by-law redefine the municipal planning area to remove the municipality from the planning area and may rename the municipal planning authority. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. Adjustment (3) The members of a municipal planning authority appointed by a local municipality which is removed from the authority shall cease to be members of the authority on the date the by-law passed under subsection (1) comes into effect. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 Dissolution 14.6 (1) A municipal planning authority may by by-law dissolve the municipal planning area and the municipal planning authority. 1994, c. 23, s. 8. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. 1994, c. 23, s. 8. Dissolution by Minister (3) The Minister may by order dissolve a municipal planning area and a municipal planning authority. 1994, c. 23, s. 8. Assets, liabilities (4) All the assets and liabilities of a municipal planning authority dissolved under this section are assets and liabilities of the municipalities that formed part of the municipal planning area and, if such municipalities cannot agree as to the disposition of the assets and liabilities, the Tribunal, upon the application of one or more of the municipalities, shall direct a final disposition. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Same (5) If assets or liabilities are transferred or assigned to a municipality under an agreement or an order of the Tribunal under this section, the municipality stands in the place of the municipal planning authority for all purposes. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Transitional matters (6) Despite this or any other Act, the Minister may by order provide for transitional matters which, in the opinion of the Minister, are necessary or expedient to establish, expand or dissolve a municipal planning authority or to remove a municipality from a municipal planning authority. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 Official plan 14.7 (1) If land in a municipal planning area is covered by the official plan of a county, the parts of the official plan which affect the land in the municipal planning area shall be deemed for all purposes to be the official plan of the municipal planning authority on the day the municipal planning authority is established and the county shall forward to the municipal planning authority all papers, plans and documents and other material that relate to the parts of the official plan that are deemed to be the official plan of the municipal planning authority. Restriction (2) The council of a county shall not exercise any power under section 17 in respect of land in the county that is in a municipal planning area. 1994, c. 23, s. 8. Preparation of plan (3) A municipal planning authority shall prepare and adopt a plan and, unless exempt from approval, submit it for approval as an official plan in respect of the land in the municipal planning area that is not covered by an official plan deemed under subsection (1) to be the official plan of the municipal planning authority. 1994, c. 23, s. 8; 1996, c. 4, s. 6 (1). Application (4) Section 17 applies with necessary modification to the preparation and adoption of a plan by a municipal planning authority and, unless exempt from approval, the approval of the plan as an official plan as though the planning authority were the council of the municipality and the secretary-treasurer were the clerk of the municipality. 1996, c. 4, s. 6 (2). Deemed official plan (5) If land that is in a local municipality that forms part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan of the municipal planning authority which affect the land removed from the municipal planning area shall be deemed for all purposes to be the official plan of the county on the day the by-law removing the land is passed and the municipal planning authority shall forward to the county all papers, plans and documents and other materials that relate to the parts of the plan that are deemed to be the official plan of the county. Revocation (6) If land that is in a local municipality that does not form part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan which affect the land removed from the municipal planning area are revoked. Deemed plan (7) If land that is in a local municipality that forms part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality shall be deemed for all purposes to be the official plan of the county on the day the municipal planning authority is dissolved. Revocation (8) If land that is in a local municipality that does not form part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality are revoked. Conformity with upper tier plan (9) Section 27 applies with necessary modifications to the official plan of a planning authority as though the official plan of the municipal planning authority were the official plan of a county and the municipal planning authority were the council of a county. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1996, c. 4, s. 6 (1, 2) - 22/05/1996 Deemed council, municipality 14.8 (1) Sections 2 and 3, subsections 4 (1), (4) and (5), 5 (1), (2), (4) and (5), 6 (2), 8 (1) and (3), sections 16, 16.1, 17, 20, 21, 22, 23 and 26, subsection 51 (37) and (45), sections 62.1, 65, 66, 68 and 69 apply to a municipal planning area or a municipal planning authority, as appropriate, and the municipal planning area and municipal planning authority shall be deemed to be a municipality or a council of a municipality, respectively, for those purposes. 1994, c. 23, s. 8. (2) Repealed: 1996, c. 4, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1996, c. 4, s. 7 - 22/05/1996 Upper-tier municipalities, planning functions 15 (1) The council of an upper-tier municipality with planning responsibilities, on such conditions as may be agreed upon with the council of a lower-tier municipality, may assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act. 2022, c. 21, Sched. 9, s. 3. Same (2) The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 2022, c. 21, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 4 - 01/01/2003 2022, c. 21, Sched. 9, s. 3 - 01/07/2024 PART III OFFICIAL PLANS Official plan Contents of official plan 16 (1) An official plan shall contain, (a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic, built and natural environment of the municipality or part of it, or an area that is without municipal organization; (a.1) such policies and measures as are practicable to ensure the adequate provision of affordable housing; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of, (i) proposed amendments to the official plan or proposed revisions of the plan, (ii) proposed zoning by-laws, (iii) proposed plans of subdivision, and (iv) proposed consents under section 53; and (c) such other matters as may be prescribed. 2015, c. 26, s. 17; 2017, c. 23, Sched. 3, s. 5 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 16 (1) of the Act is repealed and the following substituted: (See: 2026, c. 8, Sched. 7, s. 2 (1)) Official plan Contents of official plan (1) An official plan must contain the chapters, sections and schedules, and use only the land use designations, described in Schedule 1. 2026, c. 8, Sched. 7, s. 2 (1). If chapter, section, etc. not applicable (1.1) If a chapter, section or schedule described in section 1 of Schedule 1 is not applicable to a municipality or planning board, the official plan must include the words “Not applicable” immediately after the number and title of each chapter, section or schedule. 2026, c. 8, Sched. 7, s. 2 (1). Optional description of goals, objectives (1.2) An official plan may, before the first section of each chapter referred to in section 1 of Schedule 1, include a description of the goals and objectives related to the subject matter of that chapter. 2026, c. 8, Sched. 7, s. 2 (1). Same (2) An official plan may contain, (a) a description of the measures and procedures proposed to attain the objectives of the plan; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of planning matters not mentioned in clause (1) (b); and (c) such other matters as may be prescribed. 2015, c. 26, s. 17. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 16 (2) of the Act is repealed and the following substituted: (See: 2026, c. 8, Sched. 7, s. 2 (1)) Minister’s directions (2) The Minister may provide a municipality or a planning board with written directions specifying how to comply with subsection (1) and the municipality or planning board shall comply with those directions. 2026, c. 8, Sched. 7, s. 2 (1). Same, content (2.1) Without limiting the generality of subsection (2), the Minister’s direction may provide that a land use designation described in section 2 of Schedule 1 may be implemented through the use of two or more sub-designations. 2026, c. 8, Sched. 7, s. 2 (1). Non-application of Legislation Act, 2006, Part III (2.2) Part III (Regulations) of the Legislation Act, 2006 does not apply to a written direction provided under subsection (2). 2026, c. 8, Sched. 7, s. 2 (1). Restrictions for residential units (3) No official plan may contain any policy that has the effect of prohibiting the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 4 (1). Restriction, parking (3.1) No official plan may contain any policy that has the effect of requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (3) other than the primary residential unit. 2022, c. 21, Sched. 9, s. 4 (1); 2023, c. 10, Sched. 6, s. 3. Restriction, minimum unit size (3.2) No official plan may contain any policy that provides for a minimum floor area of a residential unit referred to in subsection (3). 2022, c. 21, Sched. 9, s. 4 (1). Restrictions for elementary and secondary schools (3.2.1) No official plan may contain any policy that has the effect of prohibiting the use of a parcel of urban residential land for an elementary school or secondary school of a school board or any ancillary uses to such schools, including the use of a child care centre located in the school. 2025, c. 9, Sched. 7, s. 1 (1). Policies of no effect (3.3) A policy in an official plan is of no effect to the extent that it contravenes a restriction described in subsection (3), (3.1), (3.2) or (3.2.1). 2022, c. 21, Sched. 9, s. 4 (1); 2025, c. 9, Sched. 7, s. 1 (2). Inclusionary zoning policies (4) An official plan of a municipality that is prescribed for the purpose of this subsection shall contain policies that authorize inclusionary zoning by, (a) authorizing the inclusion of affordable housing units within buildings or projects containing other residential units; and (b) providing for the affordable housing units to be maintained as affordable housing units over time. 2016, c. 25, Sched. 4, s. 1 (2). Same (5) An official plan of a municipality that is not prescribed for the purpose of subsection (4) may contain the policies described in subsection (4) in respect of, (a) a protected major transit station area identified in accordance with subsection (15) or (16), as the case may be; or (b) an area in respect of which a development permit system is adopted or established in response to an order under subsection 70.2.2 (1). 2019, c. 9, Sched. 12, s. 2 (2). Adoption of inclusionary zoning policies (5.1) The policies described in subsection (4) may be adopted in respect of an area described in clause (5) (a) or (b) as part of an official plan or an amendment to an official plan that includes policies, (a) that identify an area as the protected major transit station area described in clause (5) (a); or (b) that must be contained in an official plan before the development permit system described in clause (5) (b) may be adopted or established. 2019, c. 9, Sched. 12, s. 2 (2). Goals and objectives (6) The policies described in subsection (4) shall include goals and objectives and a description of the measures and procedures proposed to attain those goals and objectives. 2016, c. 25, Sched. 4, s. 1 (2). Prescribed provisions and matters (7) The policies described in subsection (4) shall include the prescribed provisions and provisions about the prescribed matters. 2016, c. 25, Sched. 4, s. 1 (2). No limitation (8) Each subsection of this section shall be read as not limiting what an official plan is required to or may contain under any of the other subsections. 2016, c. 25, Sched. 4, s. 1 (2). Assessment report (9) Before adopting the parts of an official plan which contain policies described in subsection (4), the council of the municipality shall ensure that an assessment report has been prepared. 2016, c. 25, Sched. 4, s. 1 (3). Updating of assessment report (10) Within five years after the parts of its official plan which contain policies described in subsection (4) come into effect, the council of the municipality shall ensure that an updated assessment report is prepared for the purpose of determining whether any of those parts of the official plan should be amended. 2016, c. 25, Sched. 4, s. 1 (3). Periodic updating (11) As long as its official plan contains policies described in subsection (4), the council of the municipality shall ensure that an updated assessment report is prepared within five years after the date of the most recent updated assessment report, for the purpose of determining whether any of the parts of the official plan which contain policies described in subsection (4) should be amended. 2016, c. 25, Sched. 4, s. 1 (3). Requirements relating to assessment reports (12) The council of the municipality shall ensure that the initial assessment report and every updated assessment report includes the information and documents specified in the regulations and complies with the requirements specified in the regulations. 2016, c. 25, Sched. 4, s. 1 (3). Assessment reports to be made available to public (13) The council of the municipality shall ensure that the initial assessment report is made available to the public before the parts of the official plan which contain policies described in subsection (4) are adopted and that every updated assessment report is made available to the public before any amendments to the parts of the official plan which contain policies described in subsection (4) are adopted. 2016, c. 25, Sched. 4, s. 1 (3). (14) Repealed: 2026, c. 8, Sched. 7, s. 2 (2). Protected major transit station areas – single-tier municipality (15) The official plan of a single-tier municipality or a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area’s boundaries, and if the official plan includes such policies it must also contain policies that, (a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; (b) identify the authorized uses of land in the major transit station area and of buildings or structures on lands in the area; and (c) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area. 2017, c. 23, Sched. 3, s. 5 (2); 2022, c. 21, Sched. 9, s. 4 (2). Same, upper-tier municipality (16) The official plan of an upper-tier municipality with planning responsibilities may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area and that delineate the area’s boundaries, and if the official plan includes such policies it must also contain policies that, (a) identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area; and (b) require official plans of the relevant lower-tier municipality or municipalities to include policies that, (i) identify the authorized uses of land in the area and of buildings or structures on lands in the area; and (ii) identify the minimum densities that are authorized with respect to buildings and structures on lands in the area. 2017, c. 23, Sched. 3, s. 5 (2); 2022, c. 21, Sched. 9, s. 4 (3). Failure to amend official plan (17) If an official plan of a lower-tier municipality that is required to include the policies described in subclauses (16) (b) (i) and (ii) is not amended to include those policies as required by subsection 27 (1) within one year from the day the policies identifying the relevant protected major transit station area in accordance with subsection (16) of this section come into effect, subsection 27 (2) does not apply and instead the council of the upper-tier municipality shall amend the official plan of the lower-tier municipality in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required. 2017, c. 23, Sched. 3, s. 5 (2). No exemption under s. 17 (9) (18) An order under subsection 17 (9) does not apply to an amendment to an official plan if the amendment does any of the following: 1. Adds all of the policies described in subsection (15) to the official plan. 2. In the case of an official plan of an upper-tier municipality, adds all of the policies described in subsection (16) to the plan, other than the policies described in subclauses (16) (b) (i) and (ii). 3. In the case of an official plan of a lower-tier municipality, adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16). 4. Amends or revokes the delineation of the boundaries of a protected major transit station area identified in accordance with subsection (15) or (16) or the policies described in clause (15) (a) or (16) (a) with respect to the protected major transit station area 2017, c. 23, Sched. 3, s. 5 (2); 2025, c. 14, Sched. 10, s. 2 (1); 2026, c. 8, Sched. 7, s. 2 (3). (18.1) Repealed: 2026, c. 8, Sched. 7, s. 2 (4). Authorization under s. 17 (10) does not apply (19) An authorization under subsection 17 (10) does not apply to an amendment to an official plan of a lower-tier municipality that, (a) adds all of the policies described in subclauses (16) (b) (i) and (ii) to the plan with respect to a protected major transit station area identified in accordance with subsection (16); or (b) amends or revokes any of the policies described in subclauses (16) (b) (i) and (ii) with respect to a protected major transit station area identified in accordance with subsection (16). 2017, c. 23, Sched. 3, s. 5 (2). Updating zoning by-laws (20) No later than one year after the official plan policies described in paragraph 1 or 2 of subsection (21) come into effect, the council of the local municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the policies. 2022, c. 21, Sched. 9, s. 4 (4). Same (21) The official plan policies referred to in subsection (20) are as follows: 1. Policies listed in subsection 17 (36.1.4). 2. Policies set out in the official plan of a local municipality that, i. delineate an area surrounding and including an existing or planned higher order transit station or stop, and identify the minimum number of residents and jobs, collectively, per hectare that are planned to be accommodated within the area, and ii. are required to be included in an official plan to conform with a provincial plan or be consistent with a policy statement issued under subsection 3 (1). 2022, c. 21, Sched. 9, s. 4 (4). 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. 2024, c. 16, Sched. 12, s. 2. Policy of no effect (23) A policy in an official plan is of no effect to the extent that it contravenes subsection (22). 2024, c. 16, Sched. 12, s. 2. 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. 2024, c. 16, Sched. 12, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 9 - 28/03/1995; 1996, c. 4, s. 8 (1) - 22/05/1996; 1996, c. 4, s. 8 (2) - 16/11/1995 2006, c. 23, s. 8 - 01/01/2007 2011, c. 6, Sched. 2, s. 2 - 01/01/2012 2015, c. 26, s. 17 - 01/07/2016 2016, c. 25, Sched. 4, s. 1 (1-3) - 12/04/2018 2017, c. 23, Sched. 3, s. 5 (1, 2) - 03/04/2018 2019, c. 9, Sched. 12, s. 2 (1, 2) - 03/09/2019 2022, c. 21, Sched. 9, s. 4 (1, 4) - 28/11/2022; 2022, c. 21, Sched. 9, s. 4 (2, 3) - 01/07/2024 2023, c. 10, Sched. 6, s. 3 - 08/06/2023 2024, c. 16, Sched. 12, s. 2 - 06/06/2024 2025, c. 9, Sched. 7, s. 1 (1, 2) - 05/06/2025; 2025, c. 14, Sched. 10, s. 2 (1, 2) - 27/11/2025 2026, c. 8, Sched. 7, s. 2 (1) - not in force; 2026, c. 8, Sched. 7, s. 2 (2-4) - 02/06/2026 Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 8, Sched. 7, s. 3) Transition re official plan framework Definitions 16.0.1 (1) In this section, “former official plan framework” means subsections 16 (1) and (2), as they read immediately before the day subsection 2 (1) of Schedule 7 of the Building Homes and Improving Transportation Infrastructure Act, 2026 came into force; (“ancien cadre du plan officiel”) “new official plan framework” means subsections 16 (1) to (2.2), as they read on or after the day subsection 2 (1) of Schedule 7 of the Building Homes and Improving Transportation Infrastructure Act, 2026 comes into force. (“nouveau cadre du plan officiel”) 2026, c. 8, Sched. 7, s. 3. Timing of transition (2) The former official plan framework continues to apply to a municipality or planning board until the day on which a new official plan or a revision of the official plan under section 26 that is adopted after the applicable transition date mentioned in subsection (3) comes into effect. 2026, c. 8, Sched. 7, s. 3. Transition dates (3) For the purposes of subsection (2), the transition date is, (a) January 1, 2028 for the municipalities listed in Column 1 of Table 1 to this subsection; or (b) January 1, 2029 for all planning boards and the municipalities not listed in Column 1 of Table 1 to this subsection. TABLE 1 Item Column 1 1. City of Barrie 2. City of Brampton 3. City of Brantford 4. City of Burlington 5. City of Cambridge 6. City of Guelph 7. City of Hamilton 8. City of Kingston 9. City of Kitchener 10. City of London 11. City of Markham 12. City of Mississauga 13. City of Niagara Falls 14. City of Oshawa 15. City of Ottawa 16. City of Pickering 17. City of Richmond Hill 18. City of St. Catharines 19. City of Toronto 20. City of Vaughan 21. City of Waterloo 22. City of Windsor 23. Municipality of Clarington 24. Town of Ajax 25. Town of Caledon 26. Town of Milton 27. Town of Newmarket 28. Town of Oakville 29. Town of Whitby 2026, c. 8, Sched. 7, s. 3. Section Amendments with date in force (d/m/y) 2026, c. 8, Sched. 7, s. 3 - not in force Prescribed process 16.1 The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act. 1994, c. 23, s. 9. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 9 - 28/03/1995 Approvals 17 (1) Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section. 1996, c. 4, s. 9. Approval by upper-tier municipality (2) An upper-tier municipality with planning responsibilities is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1); 2022, c. 21, Sched. 9, s. 5 (1). (3) Repealed: 2002, c. 17, Sched. B, s. 5 (2). Upper-tier become approval authority (4) On the day that all or part of a plan that covers an upper-tier municipality with planning responsibilities comes into effect as the official plan of a municipality, the upper-tier municipality is the approval authority in respect of the approval of a plan as an official plan of a lower-tier municipality. 2002, c. 17, Sched. B, s. 5 (3); 2022, c. 21, Sched. 9, s. 5 (2). (5) Repealed: 2002, c. 17, Sched. B, s. 5 (4). Removal of power (6) The Minister may by order remove the power given under subsection (2) or (4) and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments submitted for approval after the order is made. 1996, c. 4, s. 9; 2002, c. 17, Sched. B, s. 5 (5); 2022, c. 21, Sched. 9, s. 5 (3). Transfer of approval authority (7) If an order is made under subsection (6), the Minister becomes the approval authority in respect of the plans and proposed official plan amendments to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the approval authority. 1996, c. 4, s. 9. Revocation (8) If the Minister revokes the order or part of the order made under subsection (6), the council reverts back to being the approval authority in respect of all plans or proposed official plan amendments to which the revoked order or revoked part of the order applied. 1996, c. 4, s. 9. Exemption (9) Subject to subsection 26 (6), the Minister may by order exempt a plan or proposed official plan amendment from his or her approval under this section and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (1). Authority to exempt (10) The Minister may by order authorize an approval authority to pass a by-law, (a) exempting any or all plans or proposed official plan amendments from its approval under this section; and (b) exempting a plan or proposed official plan amendment from its approval under this section. 1996, c. 4, s. 9.

Conditions (11) An exemption under subsection (9) or (10) or an authorization under subsection (10) may be subject to such conditions as the Minister or the approval authority may provide in the order or by-law. 1996, c. 4, s. 9. Removal of exemption or authorization (12) The Minister may by order or an approval authority may by by-law remove any exemption made under subsection (9) or (10) or any authorization made under subsection (10). 1996, c. 4, s. 9; 2022, c. 21, Sched. 9, s. 5 (3). Mandatory adoption (13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of, (a) an upper-tier municipality with planning responsibilities; (b) a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities; and (c) any other local municipality that is prescribed for the purposes of this section. 2022, c. 21, Sched. 9, s. 5 (4) Discretionary adoption (14) The council of a local municipality not described in clause 13 (b) or otherwise prescribed for the purposes of subsection (13) may prepare and adopt a plan and, unless the plan is exempt from approval, submit it for approval. 2002, c. 17, Sched. B, s. 5 (7); 2022, c. 21, Sched. 9, s. 5 (5). Consultation and public meeting (15) In the course of the preparation of a plan, the council shall ensure that, (a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval; (b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material; (c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and (d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan. 2006, c. 23, s. 9 (2). Open house (16) If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c). 2006, c. 23, s. 9 (2). Notice (17) Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall, (a) be given to the prescribed persons and public bodies, in the prescribed manner; and (b) be accompanied by the prescribed information. 2006, c. 23, s. 9 (2). Time for provision of copy to Minister (17.1) A copy of the current proposed plan or official plan amendment shall be submitted to the Minister at least 90 days before the municipality gives notice under subsection (17) if, (a) the Minister is the approval authority in respect of the plan or amendment; and (b) the plan or amendment is not exempt from approval. 2015, c. 26, s. 18 (1). (17.2) Repealed: 2015, c. 26, s. 18 (2). Timing of open house (18) If an open house is required under subsection (16), it shall be held no later than seven days before the public meeting required under clause (15) (d) is held. 2006, c. 23, s. 9 (2). Timing of public meeting (19) The public meeting required under clause (15) (d) shall be held no earlier than 20 days after the requirements for giving notice have been complied with. 2006, c. 23, s. 9 (2). Information and material (19.1) The information and material referred to in clause (15) (c), including a copy of the current proposed plan, shall be made available to the public at least 20 days before the public meeting required under clause (15) (d) is held. 2006, c. 23, s. 9 (2). Participation in public meeting (19.2) Every person who attends a public meeting required under clause (15) (d) shall be given an opportunity to make representations in respect of the current proposed plan. 2006, c. 23, s. 9 (2). Alternative measures (19.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of amendments that may be proposed for the plan and if the measures are complied with, subsections (15) to (19.2) and clause 22 (6.4) (a) do not apply to the proposed amendments, but subsection (19.6) does apply. 2015, c. 26, s. 18 (3). Same (19.4) In the course of preparing the official plan, before including alternative measures described in subsection (19.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed amendments to the prescribed persons and public bodies mentioned in clause (17) (a). 2015, c. 26, s. 18 (3). Transition (19.4.1) For greater certainty, subsection (19.4) does not apply with respect to alternative measures that are included in an official plan before the day subsection 18 (3) of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 18 (3). Information (19.5) At a public meeting under clause (15) (d), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (24) and (36). 2006, c. 23, s. 9 (2). Where alternative procedures followed (19.6) If subsection (19.3) applies, the information required under subsection (19.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of the proposed amendments. 2006, c. 23, s. 9 (2). Submissions (20) Any person or public body may make written submissions to the council before a plan is adopted. 1996, c. 4, s. 9. Comments (21) The council shall provide to any person or public body that the council considers may have an interest in the plan adequate information and material, including a copy of the plan and, before adopting the plan, shall give them an opportunity to submit comments on it up to the time specified by the council. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (3). Written approval of amendment to official plan (21.1) The council of a municipality or a planning board, as the case may be, shall obtain written approval from the Minister before adopting an amendment to an official plan that adds, amends or revokes any of the provisions described in subsection 22 (5), 34 (10.2), 41 (3.4), 51 (18) or 53 (3) of this Act or subsection 114 (4.3) of the City of Toronto Act, 2006. 2025, c. 9, Sched. 7, s. 2 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 17 (21.1) of the Act is repealed. (See: 2025, c. 9, Sched. 7, s. 2 (2)) Same (21.2) An amendment described in subsection (21.1) that is adopted on or after May 12, 2025 without first obtaining the approval of the Minister in accordance with subsection (21.1) is deemed not to have been adopted. 2025, c. 9, Sched. 7, s. 2 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 17 (21.2) of the Act is repealed. (See: 2025, c. 9, Sched. 7, s. 2 (2)) Adoption of plan (22) When the requirements of subsections (15) to (21), as appropriate, have been met and the council is satisfied that the plan as finally prepared is suitable for adoption, the council may by by-law adopt all or part of the plan and, unless the plan is exempt from approval, submit it for approval. 1996, c. 4, s. 9. Notice (23) The council shall ensure that written notice of the adoption of the plan is given in the prescribed manner, no later than 15 days after the day it was adopted, (a) to the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of adoption; (b) to each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and (c) to any other person or public body that is prescribed. 2015, c. 26, s. 18 (4). Contents (23.1) The notice under subsection (23) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (23.2) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 18 (4). Written and oral submissions (23.2) Clause (23.1) (a) applies to, (a) any written submissions relating to the plan that were made to the council before its decision; and (b) any oral submissions relating to the plan that were made at a public meeting. 2015, c. 26, s. 18 (4). Right to appeal (24) If the plan is exempt from approval, any of the following may, not later than 20 days after the day that the giving of notice under subsection (23) is completed, appeal all or part of the decision of council to adopt all or part of the plan to the Tribunal by filing a notice of appeal with the clerk of the municipality: 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. The Minister. 3. The appropriate approval authority. 4. In the case of a request to amend the plan, the person or public body that made the request. 2006, c. 23, s. 9 (4); 2017, c. 23, Sched. 5, s. 80; 2024, c. 16, Sched. 12, s. 3 (1). 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. 2024, c. 16, Sched. 12, s. 3 (2). 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; or (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. 2024, c. 16, Sched. 12, s. 3 (2). 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. 2024, c. 16, Sched. 12, s. 3 (2). 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. 2024, c. 16, Sched. 12, s. 3 (2). No appeal re additional residential unit policies (24.1) Despite subsection (24), there is no appeal in respect of policies adopted to authorize the use of, (a) a second 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, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third 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, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 5 (6); 2023, c. 10, Sched. 6, s. 4 (1). Exception re Minister (24.1.1) Subsection (24.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 2 (1). No appeal re inclusionary zoning policies (24.1.2) Despite subsection (24), there is no appeal in respect of policies described in subsection 16 (4), including, for greater certainty, any requirements or standards that are part of such policies. 2016, c. 25, Sched. 4, s. 2 (2). Exception re Minister (24.1.3) Subsection (24.1.2) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 2 (2). No appeal re certain matters (24.1.4) Despite subsection (24), there is no appeal in respect of any parts of an official plan that must be contained in the plan, (a) before a development permit system may be adopted or established; or (b) in order for a municipality to be able to exercise particular powers in administering a development permit system, such as setting out the information and material to be provided in an application for a development permit or imposing certain types of conditions. 2019, c. 9, Sched. 12, s. 3 (2). Limitation (24.1.5) Subsection (24.1.4) applies only if the parts of an official plan described in that subsection are included in the plan in response to an order under subsection 70.2.2 (1) and the municipality has not previously adopted a plan containing those parts in response to the order. 2019, c. 9, Sched. 12, s. 3 (2). Exception re Minister (24.1.6) Subsection (24.1.4) does not apply to an appeal by the Minister. 2019, c. 9, Sched. 12, s. 3 (2). No global appeal (24.2) Despite subsection (24), in the case of a new official plan there is no appeal in respect of all of the decision of council to adopt all of the plan. 2015, c. 26, s. 18 (5). Same (24.3) For greater certainty, subsection (24.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (24). 2015, c. 26, s. 18 (5). No appeal re certain matters (24.4) Despite subsection (24), there is no appeal in respect of a part of an official plan that is described in subsection (24.5). 2015, c. 26, s. 18 (5). Same (24.5) Subsections (24.4) and (36.4) apply to a part of an official plan that, (a) identifies an area as being within the boundary of, (i) a vulnerable area as defined in subsection 2 (1) of the Clean Water Act, 2006, (ii) the Lake Simcoe watershed as defined in section 2 of the Lake Simcoe Protection Act, 2008, (iii) the Greenbelt Area or Protected Countryside as defined in subsection 1 (1) of the Greenbelt Act, 2005, or within the boundary of a specialty crop area designated by the Greenbelt Plan established under that Act, or (iv) the Oak Ridges Moraine Conservation Plan Area as defined in subsection 3 (1) of the Oak Ridges Moraine Conservation Plan established under the Oak Ridges Moraine Conservation Act, 2001; (b) identifies forecasted population and employment growth as set out in a growth plan that, (i) is approved under the Places to Grow Act, 2005, and (ii) applies to the Greater Golden Horseshoe growth plan area designated in Ontario Regulation 416/05 (Growth Plan Areas) made under that Act; (c) in the case of the official plan of a lower-tier municipality in the Greater Golden Horseshoe growth plan area mentioned in subclause (b) (ii), identifies forecasted population and employment growth as allocated to the lower-tier municipality in the upper-tier municipality’s official plan, but only if the upper-tier municipality’s plan has been approved by the Minister; or (d) in the case of the official plan of a lower-tier municipality, identifies the boundary of an area of settlement to reflect the boundary set out in the upper-tier municipality’s official plan, but only if the upper-tier municipality’s plan has been approved by the Minister. 2015, c. 26, s. 18 (5). Notice of appeal (25) The notice of appeal filed under subsection (24) must, (a) set out the specific part of the plan to which the notice applies; (b) set out the reasons for the appeal; and (c) be accompanied by the fee charged by the Tribunal. 1996, c. 4, s. 9; 2015, c. 26, s. 18 (6); 2017, c. 23, Sched. 3, s. 6 (2); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 3 (3); 2021, c. 4, Sched. 6, s. 80 (1). Same (25.1) If the appellant intends to argue that the appealed decision is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality’s official plan, the notice of appeal must also explain how the decision is inconsistent with, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 3 (4). Timing (26) For the purposes of subsections (24) and (36), the giving of written notice shall be deemed to be completed, (a) where notice is given by personal service, on the day that the serving of all required notices is completed; (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by mail, on the day that the mailing of all required notices is completed; and (c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1996, c. 4, s. 9; 2015, c. 26, s. 18 (8); 2019, c. 9, Sched. 12, s. 3 (5). Use of dispute resolution techniques (26.1) When a notice of appeal is filed under subsection (24), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 18 (9). Notice and invitation (26.2) If the council decides to act under subsection (26.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council considers appropriate, (ii) in the case of a request to amend the plan, the person or public body that made the request, (iii) the Minister, (iv) the appropriate approval authority, and (v) any other persons or public bodies that the council considers appropriate. 2015, c. 26, s. 18 (9). Extension of time (26.3) When the council gives a notice under clause (26.2) (a), the 15-day period mentioned in clauses (29) (b) and (c) and subsections (29.1) and (29.2) is extended to 75 days. 2015, c. 26, s. 18 (9). Participation voluntary (26.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (26.2) (b) is voluntary. 2015, c. 26, s. 18 (9). Decision final (27) If one or more persons or public bodies have a right of appeal under subsection (24) in respect of all or part of the decision of council, but no notice of appeal is filed under that subsection and the time for filing appeals has expired, (a) the decision of council or the part of the decision that is not the subject of an appeal is final; and (b) the plan or part of the plan that was adopted and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (4). Same (27.1) If no person or public body has any right of appeal under subsection (24) in respect of any part of the decision of council, (a) the decision of council is final; and (b) the plan that was adopted comes into effect as an official plan on the day after the day it was adopted. 2017, c. 23, Sched. 3, s. 6 (5). Declaration (28) A sworn declaration of an employee of the municipality or of the approval authority that notice was given as required by subsection (23) or (35) or that no notice of appeal was filed under subsection (24) or (36) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1996, c. 4, s. 9. Forwarding of record, etc. (29) If a notice of appeal under subsection (24) is filed, the clerk of the municipality shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee charged by the Tribunal are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal; (c) the notice of appeal and the record are forwarded to the appropriate approval authority within 15 days after the last day for filing a notice of appeal, whether or not the plan is exempt from the requirement for an approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of appeal and the records; and (d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1996, c. 4, s. 9; 1999, c. 12, Sched. M, s. 22 (2); 2017, c. 23, Sched. 5, s. 87 (1); 2021, c. 4, Sched. 6, s. 80 (1). Exception (29.1) Despite clause (29) (b), if all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (29) (b) and (d) to the Tribunal and under clause (29) (c) to the appropriate approval authority. 1999, c. 12, Sched. M, s. 22 (3); 2017, c. 23, Sched. 5, s. 87 (2). Where appeals withdrawn (29.2) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (30) (a) and (b) apply. 1999, c. 12, Sched. M, s. 22 (3). Withdrawal of appeals (30) If all appeals under subsection (24) in respect of all or part of the decision of council are withdrawn and the time for filing appeals has expired, the Tribunal shall notify the clerk of the municipality that made the decision and, (a) the decision or the part of the decision that was the subject of an appeal is final; and (b) the plan or part of the plan that was adopted and in respect of which all appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn. 1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 82. Same (30.1) Subsection (30) also applies, with necessary modifications, when there is no longer any appeal with respect to a particular part of the decision of council as the result of a partial withdrawal of one or more appeals. 2006, c. 23, s. 9 (5). Record (31) If the plan is not exempt from approval, the council shall cause to be compiled and forwarded to the approval authority, not later than 15 days after the day the plan was adopted, a record which shall include the prescribed information and material and any fee under section 69 or 69.1. 1996, c. 4, s. 9. Other information (32) An approval authority may require that a council provide such other information or material that the approval authority considers it may need. 1996, c. 4, s. 9. Refusal to consider (33) Until the approval authority has received the information, material and fee referred to in subsection (31), (a) the approval authority may refuse to accept or further consider the plan; and (b) the time period referred to in subsection (40) does not begin. 1996, c. 4, s. 9. Action by approval authority (34) The approval authority may confer with any person or public body that it considers may have an interest in the plan and may, (a) approve, modify and approve as modified or refuse to approve a plan; or (b) approve, modify and approve as modified or refuse to approve part or parts of the plan. 1996, c. 4, s. 9. Exception, non-conforming lower-tier plan (34.1) Despite subsection (34), an approval authority shall not approve any part of a lower-tier municipality’s official plan, other than an official plan that is the subject of an order under subsection (6), if the plan or any part of it does not, in the approval authority’s opinion, conform with, (a) the upper-tier municipality’s official plan; (b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect; or (c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect. 2015, c. 26, s. 18 (10); 2017, c. 23, Sched. 3, s. 6 (6); 2019, c. 9, Sched. 12, s. 3 (6); 2026, c. 8, Sched. 7, s. 4. No restriction (34.2) Nothing in subsection (34.1) derogates from an approval authority’s ability to modify a lower-tier municipality’s plan and approve it as modified if the modifications remove any non-conformity described in that subsection. 2015, c. 26, s. 18 (10). Notice (35) If the approval authority makes a decision under subsection (34), it shall ensure that written notice of its decision is given in the prescribed manner to, (a) the council or planning board that adopted the plan; (b) each person or public body that made a written request to be notified of the decision; (c) each municipality or planning board to which the plan would apply if approved; and (d) any other person or public body that is prescribed. 2015, c. 26, s. 18 (11). Contents (35.1) The notice under subsection (35) shall contain, (a) a brief explanation of the effect, if any, that the written submissions mentioned in subsection (35.2) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 18 (11). Written submissions (35.2) Clause (35.1) (a) applies to any written submissions relating to the plan that were made to the approval authority before its decision. 2015, c. 26, s. 18 (11). Exception (35.3) If the notice under subsection (35) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (35.1) (a) is not required. 2015, c. 26, s. 18 (11). Appeal to Tribunal (36) Any of the following may, not later than 20 days after the day that the giving of notice under subsection (35) is completed, appeal all or part of the decision of the approval authority to the Tribunal by filing a notice of appeal with the approval authority: 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. The Minister. 3. In the case of a request to amend the plan, the person or public body that made the request. 2006, c. 23, s. 9 (6); 2017, c. 23, Sched. 5, s. 80; 2024, c. 16, Sched. 12, s. 3 (3). 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. 2024, c. 16, Sched. 12, s. 3 (4). 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; or (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. 2024, c. 16, Sched. 12, s. 3 (4). 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. 2024, c. 16, Sched. 12, s. 3 (4). 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. 2024, c. 16, Sched. 12, s. 3 (4). No appeal re additional residential unit policies (36.1) Despite subsection (36), there is no appeal in respect of policies adopted to authorize the use of, (a) a second 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, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third 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, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 5 (7); 2023, c. 10, Sched. 6, s. 4 (2). Exception re Minister (36.1.1) Subsection (36.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 2 (3). No appeal re inclusionary zoning policies (36.1.2) Despite subsection (36), there is no appeal in respect of policies described in subsection 16 (4), including, for greater certainty, any requirements or standards that are part of such policies. 2016, c. 25, Sched. 4, s. 2 (4). Exception re Minister (36.1.3) Subsection (36.1.2) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 2 (4). No appeal re protected major transit station policies (36.1.4) Despite subsection (36), there is no appeal in respect of the following: 1. Policies that identify a protected major transit station area in accordance with subsection 16 (15) or (16), including any changes to those policies. 2. Policies described in clauses 16 (15) (a), (b) or (c) or (16) (a) or (b) with respect to a protected major transit station area that is identified in accordance with subsection 16 (15) or (16). 3. Policies in a lower-tier municipality’s official plan that are described in subclause 16 (16) (b) (i) or (ii). 4. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15). 5. Policies that identify the maximum densities that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16). 6. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15). 7. Policies that identify the minimum or maximum heights that are authorized with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (16). 2017, c. 23, Sched. 3, s. 6 (8). Limitation (36.1.5) Paragraphs 3, 5 and 7 of subsection (36.1.4) apply only if, (a) the plan that includes the policies referred to in those paragraphs also includes all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area; or (b) the lower-tier municipality’s official plan in effect at the relevant time contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) for the relevant protected major transit station area. 2017, c. 23, Sched. 3, s. 6 (8). Exception (36.1.6) Despite paragraphs 6 and 7 of subsection (36.1.4), there is an appeal in circumstances where the maximum height that is authorized with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is authorized in respect of that parcel. 2017, c. 23, Sched. 3, s. 6 (8). Exception re Minister (36.1.7) Subsection (36.1.4) does not apply to an appeal by the Minister. 2017, c. 23, Sched. 3, s. 6 (8). No appeal re certain matters (36.1.8) Despite subsection (36), there is no appeal in respect of any parts of an official plan that must be contained in the plan, (a) before a development permit system may be adopted or established; or (b) in order for a municipality to be able to exercise particular powers in administering a development permit system, such as setting out the information and material to be provided in an application for a development permit or imposing certain types of conditions. 2019, c. 9, Sched. 12, s. 3 (8). Limitation (36.1.9) Subsection (36.1.8) applies only if the parts of an official plan described in that subsection are included in the plan in response to an order under subsection 70.2.2 (1) and the municipality has not previously adopted a plan containing those parts in response to the order. 2019, c. 9, Sched. 12, s. 3 (8). Exception re Minister (36.1.10) Subsection (36.1.8) does not apply to an appeal by the Minister. 2019, c. 9, Sched. 12, s. 3 (8). No global appeal (36.2) Despite subsection (36), in the case of a new official plan that is approved by an approval authority other than the Minister, there is no appeal in respect of all of the decision of the approval authority to approve all of the plan, with or without modifications. 2015, c. 26, s. 18 (12); 2017, c. 23, Sched. 3, s. 6 (9). Same (36.3) For greater certainty, subsection (36.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (36). 2015, c. 26, s. 18 (12). No appeal re certain matters (36.4) Despite subsection (36), there is no appeal in respect of a part of an official plan that is described in subsection (24.5). 2015, c. 26, s. 18 (12). No appeal re decision by Minister (36.5) Despite subsection (36), there is no appeal in respect of a decision of the approval authority under subsection (34), if the approval authority is the Minister. 2017, c. 23, Sched. 3, s. 6 (10). Contents of notice (37) The notice of appeal under subsection (36) must, (a) set out the specific part or parts of the plan to which the notice of appeal applies; (b) set out the reasons for the appeal; and (c) be accompanied by the fee charged by the Tribunal. 1996, c. 4, s. 9; 2015, c. 26, s. 18 (13); 2017, c. 23, Sched. 3, s. 6 (11); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 3 (9); 2021, c. 4, Sched. 6, s. 80 (1). Same (37.1) If the appellant intends to argue that the appealed decision is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality’s official plan, the notice of appeal must also explain how the decision is inconsistent with, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 3 (10). Use of dispute resolution techniques (37.2) When a notice of appeal is filed under subsection (36), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 18 (14). Notice and invitation (37.3) If the approval authority decides to act under subsection (37.2), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the approval authority considers appropriate, (ii) in the case of a request to amend the plan, the person or public body that made the request, (iii) the Minister, (iv) the municipality that adopted the plan, and (v) any other persons or public bodies that the approval authority considers appropriate. 2015, c. 26, s. 18 (14). Extension of time (37.4) When the approval authority gives a notice under clause (37.3) (a), the 15-day period mentioned in clause (42) (b) and subsections (42.1) and (42.2) is extended to 75 days. 2015, c. 26, s. 18 (14). Participation voluntary (37.5) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (37.3) (b) is voluntary. 2015, c. 26, s. 18 (14). Decision final (38) If one or more persons or public bodies have a right of appeal under subsection (36) in respect of all or part of the decision of the approval authority, but no notice of appeal is filed under that subsection and the time for filing appeals has expired, (a) the decision of the approval authority or the part of the decision that is not the subject of an appeal is final; and (b) the plan or part of the plan that was approved and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (13). Same (38.1) If no person or public body has any right of appeal under subsection (36) in respect of any part of the decision of the approval authority, (a) the decision of the approval authority is final; and (b) the plan or part of the plan that was approved comes into effect as an official plan or part of an official plan on the day after the day it was approved. 2017, c. 23, Sched. 3, s. 6 (14). Withdrawal of appeals (39) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn and if the time for filing notice of appeal has expired, the Tribunal shall notify the approval authority that made the decision and, (a) the decision or that part of the decision that was the subject of the appeal is final; and (b) the plan or part of the plan that was approved and in respect of which all the appeals have been withdrawn comes into effect as an official plan or part of an official plan on the day the last outstanding appeal has been withdrawn. 1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 82. Appeal to Tribunal (40) If the approval authority fails to give notice of a decision in respect of all or part of a plan within 120 days after the day the plan is received by the approval authority, any of the following may appeal to the Tribunal with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority: 1. The municipality that adopted the plan. 2. The Minister, if the Minister is not the approval authority. 3. In the case of a plan amendment adopted in response to a request under section 22, the person or public body that requested the amendment. 2019, c. 9, Sched. 12, s. 3 (11). Notice to suspend time period (40.1) If the approval authority in respect of a plan is the Minister, the Minister may suspend the time period described in subsection (40) by giving notice of the suspension to the municipality that adopted the plan and, in the case of a plan amendment adopted in response to a request under section 22, to the person or public body that requested the amendment. 2022, c. 12, Sched. 5, s. 1. Same (40.1.1) The effect of a suspension under subsection (40.1) is to suspend the time period referred to in subsection (40) until the date the Minister rescinds the notice, and the period of the suspension shall not be included for the purposes of counting the period of time described in subsection (40). 2022, c. 12, Sched. 5, s. 1. Same (40.1.2) For greater certainty, the Minister may make a decision under subsection (34) in respect of a plan that is the subject of a notice provided under subsection (40.1) even if the notice has not been rescinded. 2022, c. 12, Sched. 5, s. 1. Same, retroactive deemed notice (40.1.3) If a plan was received by the Minister on or before March 30, 2022, a decision respecting the plan has not been made under subsection (34) before that day and no notice of appeal in respect of the plan was filed under subsection (40) before that day, (a) the plan shall be deemed to have been received by the Minister on March 29, 2022; and (b) the Minister shall be deemed to have given notice under subsection (40.1) on March 30, 2022. 2022, c. 12, Sched. 5, s. 1. Exception, non-conforming lower-tier plan (40.2) Despite subsection (40), there is no appeal with respect to any part of the plan of a lower-tier municipality if, within 120 days after receiving the plan, the approval authority states that the plan or any part of it does not, in the approval authority’s opinion, conform with, (a) the upper-tier municipality’s official plan; (b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect; or (c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect. 2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 3, s. 6 (17); 2019, c. 9, Sched. 12, s. 3 (13). No review (40.3) The approval authority’s opinion mentioned in subsection (40.2) is not subject to review by the Tribunal. 2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 5, s. 80. Time for appeal (40.4) If the approval authority states an opinion as described in subsection (40.2), the 120-day period mentioned in subsection (40) does not begin to run until the approval authority confirms that the non-conformity is resolved. 2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 3, s. 6 (18); 2019, c. 9, Sched. 12, s. 3 (14). Notice of appeal (41) A notice of appeal filed under subsection (40) must, (a) set out the specific part of the plan to which the appeal applies, if the notice does not apply to all of the plan; and (b) be accompanied by the fee charged by the Tribunal. 1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 81; 2021, c. 4, Sched. 6, s. 80 (1). (41.1) Repealed: 2019, c. 9, Sched. 12, s. 3 (15). Documents to Tribunal (42) If an approval authority receives a notice of appeal under subsection (36) or (40), it shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, notice of appeal and the fee charged by the Tribunal are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, as the case may be; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2017, c. 23, Sched. 5, s. 87 (3); 2021, c. 4, Sched. 6, s. 80 (1). Exception (42.1) Despite clause (42) (b), if all appeals in respect of all or part of the plan are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, the approval authority is not required to forward the materials described under clauses (42) (b) and (c) to the Tribunal. 1999, c. 12, Sched. M, s. 22 (3); 2017, c. 23, Sched. 5, s. 87 (4). Appeals withdrawn, decision (42.2) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (39) (a) and (b) apply. 1999, c. 12, Sched. M, s. 22 (3). Appeals withdrawn, plan (42.3) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn within 15 days after the first notice of appeal under subsection (40) was filed, the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 1999, c. 12, Sched. M, s. 22 (3); 2015, c. 26, s. 18 (18). Appeals withdrawn (43) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn, the Tribunal shall notify the approval authority and the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 80. Hearing (44) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 87 (5). Restriction re adding parties (44.1) Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties: 1. A person or public body who satisfies one of the conditions set out in subsection (44.2). 2. The Minister. 3. The appropriate approval authority. 2006, c. 23, s. 9 (7). Same (44.2) The conditions mentioned in paragraph 1 of subsection (44.1) are: 1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council. 2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 9 (7); 2017, c. 23, Sched. 5, s. 80. New evidence at hearing (44.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (24) or (36) was not provided to the municipality before the council made the decision that is the subject of the appeal. 2019, c. 9, Sched. 12, s. 3 (16).

Same (44.4) When subsection (44.3) applies, the Tribunal may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council’s decision and, if the Tribunal determines that it could have done so, it shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed. 2019, c. 9, Sched. 12, s. 3 (16). Notice to council (44.5) The Tribunal shall notify the council that it is being given an opportunity to, (a) reconsider its decision in light of the information and material; and (b) make a written recommendation to the Tribunal. 2019, c. 9, Sched. 12, s. 3 (16). Council’s recommendation (44.6) The Tribunal shall have regard to the council’s recommendation if it is received within the time period referred to in subsection (44.4), and may, but is not required to, do so if it is received afterwards. 2019, c. 9, Sched. 12, s. 3 (16). Conflict with SPPA (44.7) Subsections (44.1) to (44.6) apply despite the Statutory Powers Procedure Act. 2019, c. 9, Sched. 12, s. 3 (17). Dismissal without hearing (45) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal may, on its own initiative or on the motion of any party, dismiss all or part of an appeal without holding a hearing if any of the following apply: 1. The Tribunal is of the opinion that, i. the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Tribunal, ii. the appeal is not made in good faith or is frivolous or vexatious, iii. the appeal is made only for the purpose of delay, or iv. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process. 2. The appellant has not provided written reasons with respect to an appeal under subsection (24) or (36). 3. The appellant intends to argue a matter mentioned in subsection (25.1) or (37.1) but has not provided the explanations required by that subsection. 4. The appellant has not paid the fee charged by the Tribunal. 5. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 12, s. 3 (18); 2021, c. 4, Sched. 6, s. 80 (1). Same (45.1) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2017, c. 23, Sched. 5, s. 87 (5). Representation (46) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under paragraph 5 of subsection (45). 2000, c. 26, Sched. K, s. 5 (1); 2017, c. 23, Sched. 3, s. 6 (22); 2019, c. 9, Sched. 12, s. 3 (19). Dismissal (46.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate. 2017, c. 23, Sched. 5, s. 87 (5). Dismissal (47) If the Tribunal dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision without holding a hearing and if the time for filing notices of appeal has expired, the Tribunal shall notify the clerk of the municipality or the approval authority and, (a) the decision or that part of the decision that was the subject of the appeal is final; and (b) any plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed. 2017, c. 23, Sched. 5, s. 87 (5). Same (48) If the Tribunal dismisses an appeal under subsection (40) without holding a hearing and if there is no other appeal in respect of the same matter, the Tribunal shall notify the approval authority and the approval authority may then proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be. 2017, c. 23, Sched. 5, s. 87 (5). Transfer (49) If a notice of appeal under subsection (24), (36) or (40) is received by the Tribunal, the Tribunal may require that a municipality or approval authority transfer to the Tribunal any other part of the plan that is not in effect and to which the notice of appeal does not apply. 2017, c. 23, Sched. 3, s. 6 (23); 2019, c. 9, Sched. 12, s. 3 (20). (49.1)-(49.12) Repealed: 2019, c. 9, Sched. 12, s. 3 (21). Powers of Tribunal (50) On an appeal or a transfer under this section, the Tribunal may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (25); 2019, c. 9, Sched. 12, s. 3 (22). Same (50.1) For greater certainty, subsection (50) does not give the Tribunal power to approve or modify any part of the plan that, (a) is in effect; and (b) was not added, amended or revoked by the plan to which the notice of appeal relates. 2017, c. 23, Sched. 3, s. 6 (26); 2019, c. 9, Sched. 12, s. 3 (23). Matters of provincial interest (51) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the plan or the parts of the plan in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify, (a) the provisions of the plan by which the provincial interest is, or is likely to be, adversely affected; and (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 3, s. 6 (26); 2019, c. 9, Sched. 12, s. 3 (24). No hearing or notice required (52) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (51). 2004, c. 18, s. 3 (2). Confirmation by L.G. in C. (53) If the Tribunal has received a notice from the Minister under subsection (51), the decision of the Tribunal is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions. 2019, c. 9, Sched. 12, s. 3 (25). Action of L.G. in C. (54) The Lieutenant Governor in council may confirm, vary or rescind the decision of the Tribunal in respect of the provisions of the plan identified in the notice and in doing so may direct the Minister to modify the provisions of the plan. 2004, c. 18, s. 3 (2); 2017, c. 23, Sched. 5, s. 87 (6). Referral to Tribunal for recommendation (55) If the approval authority in respect of a plan is the Minister, the Minister may, before making a decision under subsection (34), refer all or part of the plan to the Tribunal for a recommendation. 2022, c. 12, Sched. 5, s. 1. Record to Tribunal (56) If the Minister refers all or part of a plan to the Tribunal under subsection (55) or (61), the Minister shall ensure that a record is compiled and provided to the Tribunal. 2022, c. 12, Sched. 5, s. 1. Recommendation (57) If the Minister refers all or part of a plan to the Tribunal under subsection (55), the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the plan or part of the plan, make modifications and approve the plan or part of the plan as modified or refuse the plan or part of the plan and shall give reasons for the recommendation. 2022, c. 12, Sched. 5, s. 1. Hearing or other proceeding by Tribunal (58) Before making a recommendation under subsection (57), the Tribunal may hold a hearing or other proceeding and if the Tribunal does so, it shall provide notice of such hearing or other proceeding to, (a) the municipality that adopted the plan; and (b) any person or public body who, before the plan was adopted, made oral submissions at a public meeting or made written submissions to the council. 2022, c. 12, Sched. 5, s. 1. Copy of recommendation (59) A copy of the recommendation of the Tribunal shall be sent to each person who appeared before the Tribunal and to any person who in writing requests a copy of the recommendation. 2022, c. 12, Sched. 5, s. 1. Decision on plan (60) After considering the recommendation of the Tribunal, the Minister may proceed to make a decision under subsection (34). 2022, c. 12, Sched. 5, s. 1. Referral to Tribunal for decision (61) If the approval authority in respect of a plan is the Minister, the Minister may, before making a decision under subsection (34), refer the plan to the Tribunal for a decision. 2022, c. 12, Sched. 5, s. 1. Hearing by Tribunal (62) If the Minister refers a plan to the Tribunal under subsection (61), the Tribunal may hold a hearing or other proceeding and if the Tribunal does so, it shall provide notice of such hearing or other proceeding to, (a) the municipality that adopted the plan; and (b) any person or public body who, before the plan was adopted, made oral submissions at a public meeting or made written submissions to the council. 2022, c. 12, Sched. 5, s. 1. Decision by Tribunal (63) Subsections (50) and (50.1) apply, with necessary modifications, to a referral for a decision made under subsection (61). 2022, c. 12, Sched. 5, s. 1. Referral of matters in process (64) For greater certainty, a plan that was submitted to the Minister for approval prior to the day section 1 of Schedule 5 to the More Homes for Everyone Act, 2022 comes into force may be the subject of a referral under subsection (55) or (61) if a decision respecting the plan has not yet been made under subsection (34). 2022, c. 12, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 9 - 22/05/1996; 1999, c. 12, Sched. M, s. 22 (2, 3) - 22/12/1999 2000, c. 26, Sched. K, s. 5 (1) - 06/12/2000 2002, c. 17, Sched. B, s. 5 (1-7) - 01/01/2003 2004, c. 18, s. 3 (1, 2) - 30/11/2004 2006, c. 23, s. 9 (1-13) - 01/01/2007 2011, c. 6, Sched. 2, s. 3 (1, 2) - 01/01/2012 2015, c. 26, s. 18 (1, 3-19) - 01/07/2016; 2015, c. 26, s. 18 (2) - 30/10/2016 2016, c. 25, Sched. 4, s. 2 (1, 3) - 08/12/2016; 2016, c. 25, Sched. 4, s. 2 (2, 4) - 12/04/2018 2017, c. 23, Sched. 3, s. 6 (1-27) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80-82, 87 (1-6) - 03/04/2018 2019, c. 9, Sched. 12, s. 3 (1-25) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1) - 01/06/2021 2022, c. 12, Sched. 5, s. 1 - 14/04/2022; 2022, c. 21, Sched. 9, s. 5 (1-5) - 01/07/2024; 2022, c. 21, Sched. 9, s. 5 (6, 7) - 28/11/2022 2023, c. 10, Sched. 6, s. 4 (1, 2) - 08/06/2023 2024, c. 16, Sched. 12, s. 3 (1-4) - 06/06/2024 2025, c. 9, Sched. 7, s. 2 (1) - 05/06/2025; 2025, c. 9, Sched. 7, s. 2 (2) - not in force 2026, c. 8, Sched. 7, s. 4 - 02/06/2026 Delegation of approval authority 17.1 (1) If an upper-tier municipality is the approval authority under section 17 in respect of the approval of official plans of lower-tier municipalities, the council may by by-law delegate all or any of the authority to approve amendments to official plans to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 2002, c. 17, Sched. B, s. 6. Conditions (2) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council by by-law provides. 1994, c. 23, s. 10. Withdrawal of delegation (3) A council may by by-law withdraw a delegation of authority made by it under subsection (1) and the withdrawal may be in respect of one or more requests for approval specified in the by-law or any or all requests for approval in respect of which a final disposition was not made by the committee or officer before the withdrawal. 1994, c. 23, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 10 - 28/03/1995 2002, c. 17, Sched. B, s. 6 - 01/01/2003 Recommendation of plan 18 (1) Where a plan is prepared by a planning board, the plan shall not be recommended to any council for adoption as an official plan unless it is approved by a vote of the majority of all the members of the planning board. R.S.O. 1990, c. P.13, s. 18 (1). Submission of plan to council (2) When the plan is approved by the planning board, the board shall submit a copy thereof, certified by the secretary-treasurer of the board to be a true copy, (a) in the case of a plan prepared for a planning area, to the council of each municipality that is within the planning area; and (b) in the case of a plan prepared at the request of a single municipality, to the council of that municipality, together with a recommendation that it be adopted by the council. R.S.O. 1990, c. P.13, s. 18 (2). Adoption of plan (3) Each council to which the plan is submitted may, subject to subsections 17 (15) to (22), by by-law adopt the plan and the clerk of each municipality, the council of which adopted the plan, shall provide the secretary-treasurer of the planning board with a certified copy of the adopting by-law and shall comply with subsections 17 (23), (32) and (33). R.S.O. 1990, c. P.13, s. 18 (3); 1994, c. 23, s. 11 (1); 1996, c. 4, s. 11 (1); 2015, c. 26, s. 19. Submission of plan (4) When the secretary-treasurer of the planning board has received a certified copy of an adopting by-law from a majority of the councils to which the plan was submitted, he or she shall, unless it is exempt from an approval, submit the plan for approval together with each certified copy of the adopting by-law and subsections 17 (31) to (50.1) apply with necessary modifications in respect of the plan as if the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality. 1996, c. 4, s. 11 (2); 2006, c. 23, s. 10 (1). Application of subss. 17 (15-50) (5) Where a planning area consists of the whole of one or more municipalities and territory without municipal organization subsections 17 (15) to (50.1) apply, with necessary modifications, in respect of the part of the planning area that consists of territory without municipal organization as though the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality. R.S.O. 1990, c. P.13, s. 18 (5); 1994, c. 23, s. 11 (3); 1996, c. 4, s. 11 (3); 2006, c. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 11 (1, 3) - 28/03/1995; 1996, c. 4, s. 11 (1-3) - 22/05/1996 2006, c. 23, s. 10 (1, 2) - 01/01/2007 2015, c. 26, s. 19 - 01/07/2016 Unorganized territory 19 In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk. 1996, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 12 - 22/05/1996 Deemed council 19.1 Sections 34, 35 to 39 and 45 apply in respect of land within the planning area consisting of territory without municipal organization and the planning board shall be deemed to be a council of a local municipality and the secretary-treasurer of the planning board shall be deemed to be the clerk of the municipality for those purposes. 1994, c. 23, s. 12; 2022, c. 12, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 12 - 28/03/1995 2022, c. 12, Sched. 5, s. 2 - 14/04/2022 Lodging of plan 20 (1) A certified copy of the official plan shall be lodged in the office of the clerk of each municipality to which the plan or any part of the plan applies. Who to lodge plan (2) The lodging required by subsection (1) shall be carried out, (a) in the case of an official plan that applies to only one municipality or part thereof or to only one municipality and territory without municipal organization, by the clerk of the municipality; and (b) in the case of an official plan that applies to more than one municipality or parts thereof, by the clerk of the municipality that has the largest population. Public inspection (3) All copies lodged under subsection (1) shall be available for public inspection during office hours. R.S.O. 1990, c. P.13, s. 20. Amendment or repeal of plan 21 (1) Except as hereinafter provided and except where the context requires otherwise, the provisions of this Act with respect to an official plan apply, with necessary modifications, to amendments thereto or the repeal thereof, and the council of a municipality that is within a planning area may initiate an amendment to or the repeal of any official plan that applies to the municipality, and section 17 applies to any such amendment or repeal. R.S.O. 1990, c. P.13, s. 21 (1); 2015, c. 26, s. 20 (1). Exception (2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality’s official plan only if it is a revision that is adopted in accordance with section 26. 2015, c. 26, s. 20 (2). Exception (3) Subsection 17 (36.5) applies to an amendment only if it is, (a) an amendment that has been the subject of a referral to the Tribunal for a recommendation pursuant to subsection 17 (55); or (b) a revision that is adopted in accordance with section 26. 2022, c. 12, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 13 - 28/03/1995 2015, c. 26, s. 20 (1, 2) - 01/07/2016 2017, c. 23, Sched. 3, s. 7 - 03/04/2018 2022, c. 12, Sched. 5, s. 3 - 14/04/2022 Request for amendment 22 (1) If a person or public body requests a council to amend its official plan, the council shall, (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan. 1996, c. 4, s. 13; 2004, c. 18, s. 4 (1); 2006, c. 23, s. 11 (1). Request to planning board (2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall, (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan. 1996, c. 4, s. 13; 2004, c. 18, s. 4 (2); 2006, c. 23, s. 11 (2). (2.1)-(2.1.2) Repealed: 2022, c. 21, Sched. 9, s. 6 (1). No 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. 2024, c. 16, Sched. 12, s. 4 (1). 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). 2024, c. 16, Sched. 12, s. 4 (1). Exception (2.2) If the council has declared by resolution that a request described in subsection (2.1.3) is permitted, which resolution may be made in respect of a specific request, a class of requests or in respect of such requests generally, the relevant subsection does not apply. 2017, c. 23, Sched. 3, s. 8 (2); 2022, c. 21, Sched. 9, s. 6 (2). No public meeting (3) Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body. 2006, c. 23, s. 11 (3). 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). 2024, c. 16, Sched. 12, s. 4 (2). Prescribed information (4) A person or public body that requests an amendment to the official plan of a municipality or planning board shall provide the prescribed information and material to the council or planning board. 1996, c. 4, s. 13. Other information (5) Subject to the regulations, a council or a planning board may require that a person or public body that requests an amendment to its official plan provide any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 11 (4); 2025, c. 9, Sched. 7, s. 3 (1). Refusal and timing (6) Until the council or planning board has received the information and material required under subsections (4) and (5), if any, and any fee under section 69, (a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and (b) the time periods referred to in paragraphs 1 and 2 of subsection (7.0.2) do not begin. 2006, c. 23, s. 11 (4). Information and material prepared by prescribed professionals (6.0.1) The provision of information or material to a council or planning board in respect of a requirement under subsection (4) or (5) is deemed to meet the applicable requirement if the information or material is prepared by a person authorized to practise a prescribed profession. 2025, c. 9, Sched. 7, s. 3 (2). Response re completeness of request (6.1) Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 11 (4). 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. 2024, c. 16, Sched. 12, s. 4 (3). (6.3) Repealed: 2024, c. 16, Sched. 12, s. 4 (3). Notice of particulars and public access (6.4) Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Tribunal advises the clerk of the municipality or the secretary-treasurer of the planning board of its affirmative decision under subsection (6.2), as the case may be, the council or planning board shall, (a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and (b) make the information and material provided under subsections (4) and (5) available to the public. 2006, c. 23, s. 11 (4); 2015, c. 26, s. 21 (3); 2017, c. 23, Sched. 5, s. 80. Final determination (6.5) The Tribunal’s determination under subsection (6.2) is not subject to appeal or review. 2006, c. 23, s. 11 (4); 2017, c. 23, Sched. 5, s. 80. Notice of refusal (6.6) A council or planning board that refuses a request to amend its official plan shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal, (a) to the person or public body that made the request; (b) to each person or public body that filed a written request to be notified of a refusal; (c) to the appropriate approval authority; and (d) to any prescribed person or public body. 2015, c. 26, s. 21 (4). Contents (6.7) The notice under subsection (6.6) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (6.8) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 21 (4). Written and oral submissions (6.8) Clause (6.7) (a) applies to, (a) any written submissions relating to the request that were made to the council or planning board before its decision; and (b) any oral submissions relating to the request that were made at a public meeting. 2015, c. 26, s. 21 (4). Appeal to Tribunal (7) When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following may appeal to the Tribunal in respect of all or any part of the requested amendment, by filing a notice of appeal with the clerk of the municipality or the secretary-treasurer of the planning board, if one of the conditions set out in subsection (7.0.2) is met: 1. The person or public body that requested the amendment. 2. The Minister. 3. The appropriate approval authority. 2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 5, s. 80. (7.0.0.1), (7.0.0.2) Repealed: 2019, c. 9, Sched. 12, s. 4 (1). Consolidated hearing (7.0.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an amendment requested under subsection (1) or (2) unless, (a) one of the conditions set out in subsection (7.0.2) is met; (b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22); (c) the approval authority makes a decision under subsection 17 (34); or (d) the time period referred to in subsection 17 (40) has expired. 2021, c. 4, Sched. 6, s. 80 (3). Conditions (7.0.2) The conditions referred to in subsections (7) and (7.0.1) are: 1. The council or the planning board fails to adopt the requested amendment within 120 days after the day the request is received. 2. A planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 120 days after the day the request is received. 3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment. 4. A planning board refuses to approve a requested amendment under subsection 18 (1). 2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 3, s. 8 (4); 2019, c. 9, Sched. 12, s. 4 (2). (7.0.2.1) Repealed: 2019, c. 9, Sched. 12, s. 4 (3). Time for appeal (7.0.3) A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.6) is completed. 2006, c. 23, s. 11 (5). When giving of notice deemed completed (7.0.4) For the purposes of subsection (7.0.3), the giving of written notice shall be deemed to be completed, (a) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by personal service, on the day that the serving of all required notices is completed; (c) where notice is given by mail, on the day that the mailing of all required notices is completed; and (d) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 2015, c. 26, s. 21 (5). Appeals restricted re certain amendments (7.1) Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of, (a) a refusal or failure to adopt an amendment described in subsection (7.2); or (b) a refusal or failure to approve an amendment described in subsection (7.2). 2006, c. 23, s. 11 (6). Exception re Minister (7.1.1) Subsection (7.1) does not apply to an appeal by the Minister in respect of an amendment described in clause (7.2) (d). 2018, c. 16, s. 8 (4). Application of subs. (7.1) (7.2) Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to, (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; (b) establish a new area of settlement in a municipality; (c) amend or revoke policies adopted to authorize the use of, (i) a second 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, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit, (ii) a third 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, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units, or (iii) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (d) authorize a renewable energy undertaking. 2006, c. 23, s. 11 (6); 2011, c. 6, Sched. 2, s. 4; 2018, c. 16, s. 8 (5); 2022, c. 21, Sched. 9, s. 6 (3); 2023, c. 10, Sched. 6, s. 5; 2024, c. 16, Sched. 12, s. 4 (4). Same (7.3) If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added. 2006, c. 23, s. 11 (6). Exception (7.4) Despite subsection (7.1), a person or public body may appeal to the Tribunal in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment, (a) is in respect of the official plan of a lower-tier municipality; and (b) conforms with the official plan of the upper-tier municipality. 2006, c. 23, s. 11 (6); 2017, c. 23, Sched. 5, s. 80. 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; and (a.1), (a.2) Repealed: 2019, c. 9, Sched. 12, s. 4 (4) (b) be accompanied by the fee charged by the Tribunal. 1996, c. 4, s. 13; 2017, c. 23, Sched. 3, s. 8 (6); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 4 (4); 2021, c. 4, Sched. 6, s. 80 (1). Use of dispute resolution techniques (8.1) If an appeal under subsection (7) is brought in accordance with paragraph 3 or 4 of subsection (7.0.2), the council or planning board may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 21 (6). Notice and invitation (8.2) If the council or planning board decides to act under subsection (8.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council or planning board considers appropriate, (ii) the person or public body that made the request to amend the plan, (iii) the Minister, (iv) the appropriate approval authority, and (v) any other persons or public bodies that the council or planning board considers appropriate. 2015, c. 26, s. 21 (6). Extension of time (8.3) When the council or planning board gives a notice under clause (8.2) (a), the 15-day period mentioned in subclauses (9) (b) (ii) and (9) (c) (ii), in clauses (9.1) (b) and (9.1.1) (c) and in subsection (9.3) is extended to 75 days. 2015, c. 26, s. 21 (6). Participation voluntary (8.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (8.2) (b) is voluntary. 2015, c. 26, s. 21 (6). Record (9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the notice of appeal, the record and the fee are forwarded to the Tribunal, (i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed, (ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; (c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval, (i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed, (ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; and (d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2017, c. 23, Sched. 5, s. 88 (2). Exception (9.1) Clauses (9) (b) and (d) do not apply, (a) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed; (b) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal. 2015, c. 26, s. 21 (8). Same (9.1.1) Clause (9) (c) does not apply, (a) if the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records; (b) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed; (c) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal. 2015, c. 26, s. 21 (8). Appeals withdrawn, amendment (9.2) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be. 2006, c. 23, s. 11 (7). Decision final (9.3) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn. 2006, c. 23, s. 11 (7). Other information (10) A person or public body that files a notice of appeal under subsection (7) shall provide to the Tribunal the prescribed information or material and such other information as the Tribunal may require. 2017, c. 23, Sched. 5, s. 88 (2). Application (11) Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2). 2019, c. 9, Sched. 12, s. 4 (5). (11.0.1)-(11.0.19) Repealed: 2019, c. 9, Sched. 12, s. 4 (5). Matters of provincial interest (11.1) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify, (a) the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 3, s. 8 (8); 2019, c. 9, Sched. 12, s. 4 (6). No hearing or notice required (11.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (11.1). 2004, c. 18, s. 4 (9). Confirmation by L.G. in C. (11.3) If the Tribunal has received a notice from the Minister under subsection (11.1), the decision of the Tribunal is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions. 2019, c. 9, Sched. 12, s. 4 (7). Action of L.G. in C. (11.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice and in doing so may direct the Minister to modify the amendment to the plan. 2004, c. 18, s. 4 (9); 2017, c. 23, Sched. 5, s. 88 (3). Withdrawal of appeal (12) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be. 2017, c. 23, Sched. 5, s. 88 (4). Same (13) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the decision of the council or the planning board is final on the day that the last outstanding appeal has been withdrawn or dismissed. 2017, c. 23, Sched. 5, s. 88 (4). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 13 - 22/05/1996; 1999, c. 12, Sched. M, s. 23 (1, 2) - 22/12/1999 2004, c. 18, s. 4 (1-4, 7, 8, 10) - 15/12/2003; 2004, c. 18, s. 4 (5, 6, 9) - 30/11/2004 2006, c. 23, s. 11 (1-10) - 01/01/2007 2011, c. 6, Sched. 2, s. 4 - 01/01/2012 2015, c. 26, s. 21 (1-8) - 01/07/2016 2017, c. 23, Sched. 3, s. 8 (1-9) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 81, 88 (1-4) - 03/04/2018 2018, c. 16, s. 8 (4, 5) - 01/06/2019 2019, c. 9, Sched. 12, s. 4 (1-7) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 3) - 01/06/2021 2022, c. 21, Sched. 9, s. 6 (1-3) - 28/11/2022 2023, c. 10, Sched. 6, s. 5 - 08/06/2023 2024, c. 16, Sched. 12, s. 4 (1-4) - 06/06/2024 2025, c. 9, Sched. 7, s. 3 (1, 2) - 05/06/2025 Interpretation of transitional provisions 22.1 A reference, in any Act or regulation, to the day on which a request for an official plan amendment is received shall be read as a reference to the day on which the council or planning board receives the information and material required under subsections 22 (4) and (5), if any, and any fee under section 69. 2015, c. 26, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 22 - 03/12/2015 Matter of provincial interest affected by official plan 23 (1) The Minister may, by order, amend an official plan if the Minister is of the opinion that the plan is likely to adversely affect a matter of provincial interest. 2022, c. 21, Sched. 9, s. 7. Effect of order (2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority. 2022, c. 21, Sched. 9, s. 7. Non-application of Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2022, c. 21, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 15 (1, 2) - 28/03/1995 2004, c. 18, s. 5 (1, 2) - 30/11/2004 2015, c. 26, s. 23 (1, 2) - 01/07/2016 2017, c. 23, Sched. 5, s. 80, 89 (1, 2) - 03/04/2018 2022, c. 21, Sched. 9, s. 7 - 06/04/2023 Public works and by-laws to conform with plan 24 (1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith. R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24. Exception (1.1) Subsection (1) does not apply to a by-law adopting an official plan or official plan amendment that is the subject of an order under subsection 17 (6). 2026, c. 8, Sched. 7, s. 5. Pending amendments (2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect. 2006, c. 23, s. 12. Same (2.1) A by-law referred to in subsection (2), (a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and (b) is of no force and effect, if the amendment to the official plan does not come into effect. 2006, c. 23, s. 12. Preliminary steps that may be taken where proposed public work would not conform with official plan (3) Despite subsections (1) and (2), the council of a municipality may take into consideration the undertaking of a public work that does not conform with the official plan and for that purpose the council may apply for any approval that may be required for the work, carry out any investigations, obtain any reports or take other preliminary steps incidental to and reasonably necessary for the undertaking of the work, but nothing in this subsection authorizes the actual undertaking of any public work that does not conform with an official plan. R.S.O. 1990, c. P.13, s. 24 (3). Deemed conformity (4) If a by-law is passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and, within the time limited for appeal no appeal is taken or an appeal is taken and the appeal is withdrawn or dismissed or the by-law is amended by the Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in conformity with the official plan, except, if the by-law is passed in the circumstances mentioned in subsection (2), the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect. 2017, c. 23, Sched. 5, s. 90. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 16 (2) - 28/03/1995; 1996, c. 4, s. 14 (1, 2) - 22/05/1996; 1999, c. 12, Sched. M, s. 24 - 22/12/1999 2006, c. 23, s. 12 - 01/01/2007 2017, c. 23, Sched. 5, s. 90 - 03/04/2018 2026, c. 8, Sched. 7, s. 5 - 02/06/2026 Acquisition of lands in accordance with provisions of plan 25 (1) If there is an official plan in effect in a municipality that includes provisions relating to the acquisition of land, which provisions have come into effect after the 28th day of June, 1974, the council may, in accordance with such provisions, acquire and hold land within the municipality for the purpose of developing any feature of the official plan, and any land so acquired or held may be sold, leased or otherwise disposed of when no longer required. R.S.O. 1990, c. P.13, s. 25 (1); 1994, c. 23, s. 17; 1996, c. 4, s. 15. Contribution towards cost (2) Any municipality may contribute towards the cost of acquiring land under this section. R.S.O. 1990, c. P.13, s. 25 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 17 - 28/03/1995; 1996, c. 4, s. 15 - 22/05/1996 Updating official plan 26 (1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, in accordance with subsection (1.1), revise the official plan as required to ensure that it, (a) conforms with provincial plans or does not conflict with them, as the case may be; (b) has regard to the matters of provincial interest listed in section 2; and (c) is consistent with policy statements issued under subsection 3 (1). 2015, c. 26, s. 24 (1). Same (1.1) The council shall revise the plan no less frequently than, (a) 10 years after it comes into effect as a new official plan; and (b) every five years thereafter, unless the plan has been replaced by another new official plan. 2015, c. 26, s. 24 (1). Same (1.2) For the purposes of establishing the 10-year and five-year periods mentioned in subsection (1.1), a plan is considered to have come into effect even if there are outstanding appeals relating to those parts of the plan that propose to specifically designate land uses. 2015, c. 26, s. 24 (1). Municipal discretion to combine (2) For greater certainty, (a) the council has discretion to combine a provincial plan conformity exercise with a revision under subsection (1); and (b) if the council exercises the discretion described in clause (a), it must comply with clauses (1) (a), (b) and (c) and with all the procedural requirements of this section, in connection both with the revision and with the provincial plan conformity exercise. 2015, c. 26, s. 24 (2). Provincial plan conformity exercise (2.1) For the purposes of subsection (2), a provincial plan conformity exercise is the process whereby the council amends the official plan, in accordance with another Act, to conform with a provincial plan. 2015, c. 26, s. 24 (2). Consultation and special meeting (3) Before revising the official plan under subsection (1), the council shall, (a) consult with the approval authority and with the prescribed public bodies with respect to the revisions that may be required;

and (b) hold a special meeting of council, open to the public, to discuss the revisions that may be required. 2006, c. 23, s. 13. Notice (4) Notice of every special meeting to be held under clause (3) (b) shall be published at least once a week in each of two separate weeks, and the last publication shall take place at least 30 days before the date of the meeting. 2006, c. 23, s. 13. Public participation (5) The council shall have regard to any written submissions about what revisions may be required and shall give any person who attends the special meeting an opportunity to be heard on that subject. 2006, c. 23, s. 13. No exemption from approval (6) An order under subsection 17 (9) does not apply to an amendment made under subsection (1). 2006, c. 23, s. 13. Declaration (7) Each time it revises the official plan under subsection (1), the council shall, by resolution, declare to the approval authority that the official plan meets the requirements of clauses (1) (a), (b) and (c). 2006, c. 23, s. 13; 2015, c. 26, s. 24 (3). Direction by approval authority (8) Despite subsection (1), the approval authority may, at any time, direct the council of a municipality to undertake a revision of all or part of any official plan in effect in the municipality and when so directed the council shall cause the revision to be undertaken without undue delay. 2006, c. 23, s. 13. Updating zoning by-laws (9) No later than three years after a revision under subsection (1) or (8) comes into effect, the council of the municipality shall amend all zoning by-laws that are in effect in the municipality to ensure that they conform with the official plan. 2006, c. 23, s. 13. Minister may request amendment to zoning by-law (10) The Minister may, if he or she is of the opinion that a zoning by-law in effect in the municipality does not conform with the official plan as revised under subsection (1) or (8), request the council of the municipality to pass an amendment to the zoning by-law to achieve conformity. 2006, c. 23, s. 13. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 18 (2) - 28/03/1995; 1996, c. 4, s. 16 (1-3) - 22/05/1996 2006, c. 23, s. 13 - 01/01/2007 2015, c. 26, s. 24 (1-3) - 01/07/2016 Amendments to conform to official plan 27 (1) Subject to subsections (5) and (6), the council of a lower-tier municipality shall amend every official plan and every by-law passed under section 34, or a predecessor of it, to conform with a plan that comes into effect as the official plan of the upper-tier municipality. 2002, c. 17, Sched. B, s. 7; 2026, c. 8, Sched. 7, s. 6 (1). Failure to make amendments (2) If the official plan of an upper-tier municipality comes into effect as mentioned in subsection (1) and any official plan or zoning by-law is not amended as required by that subsection within one year from the day the plan comes into effect as the official plan, the council of the upper-tier municipality may amend the official plan of the lower-tier municipality or zoning by-law, as the case may be, in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required. 2002, c. 17, Sched. B, s. 7. Deemed by-law (3) An amending by-law passed under subsection (2) by the council of an upper-tier municipality shall be deemed for all purposes to be a by-law passed by the council of the municipality that passed the by-law that was amended. 2002, c. 17, Sched. B, s. 7. Conflicts (4) In the event of a conflict between the official plan of an upper-tier municipality and the official plan of a lower-tier municipality, the plan of the upper-tier municipality prevails to the extent of the conflict but in all other respects the official plan of the lower-tier municipality remains in effect. 2002, c. 17, Sched. B, s. 7. Exception (5) Subsections (1) to (4) do not apply to a prescribed lower-tier municipality. 2026, c. 8, Sched. 7, s. 6 (2). Non-application of upper-tier official plan (6) The official plan of an upper-tier municipality does not apply in a lower-tier municipality prescribed for the purposes of subsection (5). 2026, c. 8, Sched. 7, s. 6 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 7 - 01/01/2003 2026, c. 8, Sched. 7, s. 6 (1, 2) - 02/06/2026 PART IV COMMUNITY IMPROVEMENT Community improvement project area 28 (1) In this section, “community improvement” means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; (“améliorations communautaires”) “community improvement plan” means a plan for the community improvement of a community improvement project area; (“plan d’améliorations communautaires”) “community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason. (“zone d’améliorations communautaires”) R.S.O. 1990, c. P.13, s. 28 (1); 2001, c. 17, s. 7 (1, 2); 2006, c. 23, s. 14 (1). Affordable housing (1.1) Without limiting the generality of the definition of “community improvement” in subsection (1), for greater certainty, it includes the provision of affordable housing. 2006, c. 23, s. 14 (2). Designation of community improvement project area (2) Where there is an official plan in effect in a local municipality that contains provisions relating to community improvement in the municipality, the council may, by by-law, designate the whole or any part of an area covered by such an official plan as a community improvement project area. R.S.O. 1990, c. P.13, s. 28 (2); 2006, c. 23, s. 14 (3); 2025, c. 14, Sched. 10, s. 3 (1). Same, upper-tier municipality (2.1) The council of an upper-tier municipality may, by by-law, designate the whole or part of any area within the upper-tier municipality as a community improvement project area. 2025, c. 14, Sched. 10, s. 3 (2). Acquisition and clearance of land (3) When a by-law has been passed under subsection (2) or (2.1), the municipality may, (a) acquire land within the community improvement project area; (b) hold land acquired before or after the passing of the by-law within the community improvement project area; and (c) clear, grade or otherwise prepare the land for community improvement. R.S.O. 1990, c. P.13, s. 28 (3); 2001, c. 17, s. 7 (3); 2015, c. 26, s. 25; 2025, c. 14, Sched. 10, s. 3 (3). Community improvement plan (4) When a by-law has been passed under subsection (2) or (2.1), the council may provide for the preparation of a plan suitable for adoption as a community improvement plan for the community improvement project area and the plan may be adopted and come into effect in accordance with subsections (5) and (5.1). 2006, c. 32, Sched. C, s. 47 (1); 2025, c. 14, Sched. 10, s. 3 (4). Restriction re upper-tier municipality (4.0.1) The community improvement plan of an upper-tier municipality may deal only with prescribed matters. 2006, c. 23, s. 14 (4). (4.1)-(4.4) Repealed: 2006, c. 32, Sched. C, s. 47 (1). Same (5) Subsections 17 (15), (17), (19) to (19.3), (19.5) to (24), (25) to (30.1), (44) to (47) and (49) to (50.1) apply, with necessary modifications, in respect of a community improvement plan and any amendments to it. 2006, c. 32, Sched. C, s. 47 (1); 2017, c. 23, Sched. 3, s. 9; 2019, c. 9, Sched. 12, s. 5. Same (5.1) The Minister is deemed to be the approval authority for the purpose of subsection (5). 2006, c. 32, Sched. C, s. 47 (1). Same (5.2) Despite subsection (5), if an official plan contains provisions describing the alternative measures mentioned in subsection 17 (19.3), subsections 17 (15), (17) and (19) to (19.2) do not apply in respect of the community improvement plan and any amendments to it, if the measures are complied with. 2006, c. 32, Sched. C, s. 47 (1). Powers of council re land (6) For the purpose of carrying out a community improvement plan that has come into effect, the municipality may, (a) construct, repair, rehabilitate or improve buildings on land acquired or held by it in the community improvement project area in conformity with the community improvement plan, and sell, lease or otherwise dispose of any such buildings and the land appurtenant thereto; (b) sell, lease or otherwise dispose of any land acquired or held by it in the community improvement project area to any person or governmental authority for use in conformity with the community improvement plan. R.S.O. 1990, c. P.13, s. 28 (6); 2001, c. 17, s. 7 (6). Grants or loans re eligible costs (7) For the purpose of carrying out a municipality’s community improvement plan that has come into effect, the municipality may make grants or loans, in conformity with the community improvement plan, to registered owners, assessed owners and tenants of lands and buildings within the community improvement project area, and to any person to whom such an owner or tenant has assigned the right to receive a grant or loan, to pay for the whole or any part of the eligible costs of the community improvement plan. 2006, c. 23, s. 14 (8). Eligible costs (7.1) For the purposes of subsection (7), the eligible costs of a community improvement plan may include costs related to environmental site assessment, environmental remediation, development, redevelopment, construction and reconstruction of lands and buildings for rehabilitation purposes or for the provision of energy efficient uses, buildings, structures, works, improvements or facilities. 2006, c. 23, s. 14 (8). Grants or loans between upper and lower-tier municipalities (7.2) The council of an upper-tier municipality may make grants or loans to the council of a lower-tier municipality and the council of a lower-tier municipality may make grants or loans to the council of the upper-tier municipality, for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate. 2006, c. 23, s. 14 (8); 2025, c. 14, Sched. 10, s. 3 (5). Maximum amount (7.3) The total of the grants and loans made in respect of particular lands and buildings under subsections (7) and (7.2) and the tax assistance as defined in section 365.1 of the Municipal Act, 2001 or section 333 of the City of Toronto Act, 2006, as the case may be, that is provided in respect of the lands and buildings shall not exceed the eligible cost of the community improvement plan with respect to those lands and buildings. 2006, c. 23, s. 14 (8); 2006, c. 32, Sched. C, s. 48 (3). (8) Repealed: 2006, c. 32, Sched. C, s. 47 (3). Application of s. 32 (2, 3) (9) Subsections 32 (2) and (3) apply with necessary modifications to any loan made under subsection (7) of this section. R.S.O. 1990, c. P.13, s. 28 (9). Conditions of sale, etc. (10) Until a by-law or amending by-law passed under section 34 after the adoption of the community improvement plan is in force in the community improvement project area, no land acquired, and no building constructed, by the municipality in the community improvement project area shall be sold, leased or otherwise disposed of unless the person or authority to whom it is disposed of enters into a written agreement with the municipality that the person or authority will keep and maintain the land and building and the use thereof in conformity with the community improvement plan until such a by-law or amending by-law is in force, but the municipality may, during the period of the development of the plan, lease any land or any building or part thereof in the area for any purpose, whether or not in conformity with the community improvement plan, for a term of not more than three years at any one time. R.S.O. 1990, c. P.13, s. 28 (10). Registration of agreement (11) An agreement concerning a grant or loan made under subsection (7) or an agreement entered into under subsection (10), may be registered against the land to which it applies and the municipality shall be entitled to enforce the provisions thereof against any party to the agreement and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners or tenants of the land. R.S.O. 1990, c. P.13, s. 28 (11); 2006, c. 23, s. 14 (10). Debentures (12) Despite subsection 408 (3) of the Municipal Act, 2001 or any regulation under section 256 of the City of Toronto Act, 2006, debentures issued by the municipality for the purpose of this section may be for such term of years as the debenture by-law, with the approval of the Tribunal, provides. 2002, c. 17, Sched. B, s. 9; 2006, c. 32, Sched. C, s. 47 (4); 2017, c. 23, Sched. 5, s. 91. Dissolution of area (13) When the council is satisfied that the community improvement plan has been carried out, the council may, by by-law, dissolve the community improvement project area. R.S.O. 1990, c. P.13, s. 28 (13). Revival of community improvement project area and community improvement plan (14) If an upper-tier municipality without planning responsibility had passed by-laws that designated a community improvement project area under subsection (2) and adopted a community improvement plan under subsection (4) and both of those by-laws were in effect as of the day before the municipality became an upper-tier municipality without planning responsibility, those by-laws are deemed to be in effect on the day subsection 3 (6) of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 comes into force and may be amended or repealed in accordance with this section. 2025, c. 14, Sched. 10, s. 3 (6). Section Amendments with date in force (d/m/y) 2001, c. 17, s. 7 (1-8) - 01/12/2002 2002, c. 17, Sched. B, s. 8 (1-4), 9 - 01/01/2003 2006, c. 23, s. 14 (1-10) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (1-4), 48 (3) - 01/01/2007 2015, c. 26, s. 25 - 01/07/2016 2017, c. 23, Sched. 3, s. 9 - 03/04/2018; 2017, c. 23, Sched. 5, s. 91 - 03/04/2018 2019, c. 9, Sched. 12, s. 5 - 03/09/2019 2025, c. 14, Sched. 10, s. 3 (1-6) - 27/11/2025 Agreement re studies and development 29 (1) A municipality, with the approval of the Minister, may enter into agreement with any governmental authority or any agency thereof created by statute, for the carrying out of studies and the preparation and implementation of plans and programs for the development or improvement of the municipality. Where approval of Minister not required (2) Despite subsection (1), a municipality may enter into agreement with one or more other municipalities under subsection (1) without the approval of the Minister. R.S.O. 1990, c. P.13, s. 29. Agreements for grants in aid of community improvement 30 The Minister, with the approval of the Lieutenant Governor in Council, and a municipality may enter into agreement providing for payment to the municipality on such terms and conditions and in such amounts as may be approved by the Lieutenant Governor in Council to assist in the community improvement of a community improvement project area as defined in section 28, including the carrying out of studies for the purpose of selecting areas for community improvement. R.S.O. 1990, c. P.13, s. 30. 31 Repealed: 1997, c. 24, s. 226 (1). Note: Despite the repeal of section 31, an order made under that section is continued as an order made under the corresponding provision of the Building Code Act, 1992. See: 1997, c. 24, ss. 226 (2), 228. Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (1) - 17/06/1998 Grants or loans for repairs 32 (1) When a by-law under section 15.1 of the Building Code Act, 1992 is in force in a municipality, the council of the municipality may pass a by-law for providing for the making of grants or loans to the registered owners or assessed owners of lands in respect of which an order has been made under subsection 15.2 (2) of that Act to pay for the whole or any part of the cost of the repairs required to be done, or of the clearing, grading and levelling of the lands, on such terms and conditions as the council may prescribe. R.S.O. 1990, c. P.13, s. 32 (1); 1997, c. 24, s. 226 (3). Loans collected as taxes, lien on land (2) The amount of any loan made under a by-law passed under this section, together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan has been made. Registration of certificate (3) A certificate signed by the clerk of the municipality setting out the amount loaned to any owner under a by-law passed under this section, including the rate of interest thereon, together with a description of the land in respect of which the loan has been made, sufficient for registration, shall be registered in the proper land registry office against the land, and, upon repayment in full to the municipality of the amount loaned and interest thereon, a certificate signed by the clerk of the municipality showing such repayment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the loan was made is discharged. R.S.O. 1990, c. P.13, s. 32 (2, 3). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (3) - 17/06/1998 Demolition control area 33 (1) In this section, “dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”) “residential property” means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. (“immeuble d’habitation”) R.S.O. 1990, c. P.13, s. 33 (1). Establishment of demolition control area by by-law (2) When a by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof is in force in a municipality or when a by-law prescribing standards for the maintenance and occupancy of property under any special Act is in force in a municipality, the council of the local municipality may by by-law designate any area within the municipality to which the standards of maintenance and occupancy by-law applies as an area of demolition control and thereafter no person shall demolish the whole or any part of any residential property in the area of demolition control unless the person is the holder of a demolition permit issued by the council under this section. R.S.O. 1990, c. P.13, s. 33 (2); 1997, c. 24, s. 226 (4). Council may issue or refuse to issue permit (3) Subject to subsection (6), where application is made to the council for a permit to demolish residential property, the council may issue the permit or refuse to issue the permit. Appeal to Tribunal (4) Where the council refuses to issue the permit or neglects to make a decision thereon within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and either dismiss the same or direct that the demolition permit be issued, and the decision of the Tribunal shall be final. 2017, c. 23, Sched. 5, s. 92. Notice of appeal (5) The person appealing to the Tribunal under subsection (4) shall, in such manner and to such persons as the Tribunal may direct, give notice of the appeal to the Tribunal. 2017, c. 23, Sched. 5, s. 92. Application for demolition permit where building permit issued (6) Subject to subsection (7), the council shall, on application therefor, issue a demolition permit where a building permit has been issued to erect a new building on the site of the residential property sought to be demolished. Conditions of demolition permit (7) A demolition permit under subsection (6) may be issued on the condition that the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property proposed to be demolished by not later than such date as the permit specifies, such date being not less than two years from the day demolition of the existing residential property is commenced, and on the condition that on failure to complete the new building within the time specified in the permit, the clerk of the municipality shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, such sum of money as the permit specifies, but not in any case to exceed the sum of $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. Registration of notice (8) Notice of any condition imposed under subsection (7) may be registered in the proper land registry office against the land to which it applies. Registration of certificate (9) Where the clerk of the municipality adds a sum of money to the collector’s roll under subsection (7), a certificate signed by the clerk setting out the sum added to the roll, together with a description of the land in respect of which the sum has been added to the roll, sufficient for registration, shall be registered in the proper land registry office against the land, and upon payment in full to the municipality of the sum added to the roll, a certificate signed by the clerk of the municipality showing such payment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the sum was added to the roll is discharged. Appeal to Tribunal (10) Where an applicant for a demolition permit under subsection (6) is not satisfied as to the conditions on which the demolition permit is proposed to be issued, the applicant may appeal to the Tribunal for a variation of the conditions and, where an appeal is brought, the Tribunal shall hear the appeal and may dismiss the same or may direct that the conditions upon which the permit shall be issued be varied in such manner as the Tribunal considers appropriate, and the decision of the Tribunal shall be final. 2017, c. 23, Sched. 5, s. 92. Application to council for relief from conditions of demolition permit (11) Where a condition has been imposed under subsection (7) and the holder of the demolition permit considers that it is not possible to complete the new building within the time specified in the permit or where the holder of the permit is of the opinion that the construction of the new building has become not feasible on economic or other grounds, the permit holder may apply to the council of the municipality for relief from the conditions on which the permit was issued. Notice of application (12) Notice of application under subsection (11) shall be sent by registered mail to the clerk of the municipality not less than sixty days before the time specified in the permit for the completion of the new building and, where the council under subsection (14) extends the time for completion of the new building, application may similarly be made for relief by sending notice of application not less than sixty days before the expiry of the extended completion time. Extension of time (13) Despite subsection (12), the council may, at any time, extend the date specified in that subsection for the making of an application for relief from the conditions on which the permit was issued. Powers of council on application (14) Where an application is made under subsection (11), the council shall consider the application and may grant the same or may extend the time for completion of the new building for such period of time and on such terms and conditions as the council considers appropriate or the council may relieve the person applying from the requirement of constructing the new building. Appeal to Tribunal (15) Any person who has made application to the council under subsection (11) may appeal from the decision of the council to the Tribunal within twenty days of the mailing of the notice of the decision, or where the council refuses or neglects to make a decision thereon within thirty days after the receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and the Tribunal on the appeal has the same powers as the council has under subsection (14) and the decision of the Tribunal shall be final. 2017, c. 23, Sched. 5, s. 92. Offence (16) Every person who demolishes a residential property, or any portion thereof, in contravention of subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for each dwelling unit contained in the residential property, the whole or any portion of which residential property has been demolished. Standards for health and safety remain in force (17) The provisions of any general or special Act and any by-law passed thereunder respecting standards relating to the health or safety of the occupants of buildings and structures remain in full force and effect in respect of residential property situate within an area of demolition control. R.S.O. 1990, c. P.13, s. 33 (3-17). Certain proceedings stayed (18) Subject to subsection (17), an application to the council for a permit to demolish any residential property operates as a stay to any proceedings that may have been initiated under any by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof or under any special Act respecting maintenance or occupancy standards in respect of the residential property sought to be demolished, until the council disposes of the application, or where an appeal is taken under subsection (4), until the Tribunal has heard the appeal and issued its order thereon. R.S.O. 1990, c. P.13, s. 33 (18); 1997, c. 24, s. 226 (5); 2017, c. 23, Sched. 5, s. 80. Exemption re Building Code (19) Where a permit to demolish residential property is obtained under this section, it is not necessary for the holder thereof to obtain the permit mentioned in subsection 8 (1) of the Building Code Act, 1992. R.S.O. 1990, c. P.13, s. 33 (19); 1997, c. 24, s. 226 (6). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (4-6) - 17/06/1998 2017, c. 23, Sched. 5, s. 80, 92 - 03/04/2018 PART V LAND USE CONTROLS AND RELATED ADMINISTRATION Zoning by-laws 34 (1) Zoning by-laws may be passed by the councils of local municipalities: Restricting use of land 1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway. Restricting erecting, locating or using of buildings 2. For prohibiting the erecting, locating or using of buildings or structures for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway. Marshy lands, etc. 3. For prohibiting the erection of any class or classes of buildings or structures on land that is subject to flooding or on land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to natural or artificial perils. Contaminated lands; sensitive or vulnerable areas 3.1 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land, i. that is contaminated, ii. that contains a sensitive groundwater feature or a sensitive surface water feature, or iii. that is within an area identified as a vulnerable area in a drinking water source protection plan that has taken effect under the Clean Water Act, 2006. Natural features and areas 3.2 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures within any defined area or areas, i. that is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and scientific interest, ii. that is a significant corridor or shoreline of a lake, river or stream, or iii. that is a significant natural corridor, feature or area. Significant archaeological resources 3.3 For prohibiting any use of land and the erecting, locating or using of any class or classes of buildings or structures on land that is the site of a significant archaeological resource. Construction of buildings or structures 4. For regulating the type of construction and the height, bulk, location, size, floor area, spacing, character and use of buildings or structures to be erected or located within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway, and the minimum frontage and depth of the parcel of land and the proportion of the area thereof that any building or structure may occupy. Minimum elevation of doors, etc. 5. For regulating the minimum elevation of doors, windows or other openings in buildings or structures or in any class or classes of buildings or structures to be erected or located within the municipality or within any defined area or areas of the municipality. Loading or parking facilities 6. Subject to subsection (1.1) or (1.1.1), for requiring the owners or occupants of buildings or structures to be erected or used for a purpose named in the by-law to provide and maintain loading or parking facilities on land that is not part of a highway. R.S.O. 1990, c. P.13, s. 34 (1); 1994, c. 23, s. 21 (1, 2); 1996, c. 4, s. 20 (1-3); 2006, c. 22, s. 115; 2024, c. 16, Sched. 12, s. 5 (1); 2026, c. 8, Sched. 7, s. 7 (1). 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). 2024, c. 16, Sched. 12, s. 5 (2). Same (1.1.1) 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 electric vehicle supply equipment in connection with parking facilities. 2026, c. 8, Sched. 7, s. 7 (2). 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. 2024, c. 16, Sched. 12, s. 5 (2). 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. 2024, c. 16, Sched. 12, s. 5 (2). Provision re minimum standards (1.3.1) A minimum standard that is found in a zoning by-law passed under this section may be reduced by the prescribed percentage of the minimum standard, if the type of minimum standard is prescribed. 2025, c. 14, Sched. 10, s. 4 (1). Same (1.3.2) Subsection (1.3.1) does not apply to a minimum setback distance. 2025, c. 14, Sched. 10, s. 4 (1). Provision re maximum standards (1.3.3) A maximum standard that is found in a zoning by-law passed under this section may be increased by the prescribed percentage of the maximum standard, if the type of maximum standard is prescribed. 2025, c. 14, Sched. 10, s. 4 (1). Provision re setbacks (1.4) Subject to subsection (1.5), a minimum setback distance is deemed to be the prescribed percentage of the setback distance. 2025, c. 9, Sched. 7, s. 4 (1). Same, Greenbelt (1.5) Subsections (1.3.1), (1.3.3) and (1.4) do not apply to a building or structure located, (a) in the Greenbelt Area within the meaning of the Greenbelt Act, 2005; (b) on a parcel of land that is not a parcel of urban residential land; or (c) on a parcel of land that includes any land in an area prescribed for the purposes of subsection 41 (1.2) of this Act. 2025, c. 9, Sched. 7, s. 4 (1); 2025, c. 14, Sched. 10, s. 4 (2). Same, transition (1.5.1) Despite any subsequent changes to a minimum or maximum standard as a result of any changes to a percentage prescribed for the purposes of subsection (1.3.1) or (1.3.3), the minimum or maximum standard, as the case may be, in respect of a building, structure or parcel of land shall be determined in accordance with the following: 1. In the case of a building or structure, or parcel of land on which a building or structure is located, for which a permit was required under subsection 8 (1) of the Building Code Act, 1992, the minimum or maximum standard in respect of the building, structure or parcel of land is the minimum or maximum standard on the day a permit was issued under subsection 8 (2) of that Act where the permit was not revoked under subsection 8 (10) of that Act. 2. In all other cases, the minimum or maximum standard in respect of a building, structure or parcel of land is the minimum or maximum standard on the day the lawful use of the building, structure or parcel of land was established. 2025, c. 14, Sched. 10, s. 4 (3). Same, transition (1.6) Despite any subsequent changes to a minimum setback distance as a result of any changes to a percentage prescribed for the purposes of subsection (1.4), the minimum setback distance in respect of a building or structure is deemed to be the minimum setback distance on the day, (a) a permit is issued under subsection 8 (1) of the Building Code Act, 1992, in respect of the building or structure, where the permit was not revoked under subsection 8 (10) of that Act; or (b) the lawful use of the building or structure was established, in the case of a building or structure in respect of which no building permit was required. 2025, c. 9, Sched. 7, s. 4 (1). Definition (1.7) In this section, “setback distance” means the distance that a building or structure must be setback from a boundary of the parcel on which the building or structure is located in accordance with a by-law passed under this section. 2025, c. 9, Sched. 7, s. 4 (1). Pits and quarries (2) The making, establishment or operation of a pit or quarry shall be deemed to be a use of land for the purposes of paragraph 1 of subsection (1). R.S.O. 1990, c. P.13, s. 34 (2). Area, density and height (3) The authority to regulate provided in paragraph 4 of subsection (1) includes and, despite the decision of any court, shall be deemed always to have included the authority to regulate the minimum area of the parcel of land mentioned therein and to regulate the minimum and maximum density and the minimum and maximum height of development in the municipality or in the area or areas defined in the by-law. 2006, c. 23, s. 15 (1). Restriction, minimum area of parcel (3.1) Despite subsection (3), the authority to pass a by-law under this section does not include the authority to pass a by-law that requires the minimum area of a parcel of urban residential land that is not in the Greenbelt Area to be greater than the prescribed area. 2026, c. 8, Sched. 7, s. 7 (3). Provisions of no effect (3.2) 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 (3.1). 2026, c. 8, Sched. 7, s. 7 (3). Same, minimum frontage and depth (3.3) A provision of a by-law passed under this section or an order made under clause 47 (1) (a) regulating the minimum frontage or minimum depth of a parcel of land is of no effect to the extent that it would require a parcel to which subsection (3.1) applies to be larger than the area prescribed for the purposes of that subsection. 2026, c. 8, Sched. 7, s. 7 (3). Interpretation (4) A trailer as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, and a mobile home as defined in subsection 46 (1) of this Act are deemed to be buildings or structures for the purpose of this section. 2006, c. 32, Sched. C, s. 47 (5). Prohibition of use of land, etc., availability of municipal services (5) A by-law passed under paragraph 1 or 2 of subsection (1) or a predecessor of that paragraph may prohibit the use of land or the erection or use of buildings or structures unless such municipal services as may be set out in the by-law are available to service the land, buildings or structures, as the case may be. R.S.O. 1990, c. P.13, s. 34 (5). Loading or parking facilities – by-law provisions (5.1) A by-law passed under paragraph 6 of subsection (1) shall include the prescribed provisions and provisions about the prescribed matters. 2016, c. 25, Sched. 4, s. 3 (1). Certificates of occupancy (6) A by-law passed under this section may provide for the issue of certificates of occupancy without which no change may be made in the type of use of any land covered by the by-law or of any building or structure on any such land, but no such certificate shall be refused if the proposed use is not prohibited by the by-law. R.S.O. 1990, c. P.13, s. 34 (6). Use of maps (7) Land within any area or areas or abutting on any highway or part of a highway may be defined by the use of maps to be attached to the by-law and the information shown on such maps shall form part of the by-law to the same extent as if included therein. R.S.O. 1990, c. P.13, s. 34 (7). Acquisition and disposition of non-conforming lands (8) The council may acquire any land, building or structure used or erected for a purpose that does not conform with a by-law passed under this section and any vacant land having a frontage or depth less than the minimum established for the erection of a building or structure in the defined area in which such land is situate, and the council may dispose of any of such land, building or structure or may exchange any of such land for other land within the municipality. R.S.O. 1990, c. P.13, s. 34 (8); 1996, c. 4, s. 20 (4). Excepted lands and buildings (9) No by-law passed under this section applies, (a) to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the by-law, so long as it continues to be used for that purpose; or (b) to prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under subsection 8 (1) of the Building Code Act, 1992, prior to the day of the passing of the by-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under subsection 8 (10) of that Act. R.S.O. 1990, c. P.13, s. 34 (9); 2009, c. 33, Sched. 21, s. 10 (1). By-law may be amended (10) Despite any other provision of this section, any by-law passed under this section or a predecessor of this section may be amended so as to permit the extension or enlargement of any land, building or structure used for any purpose prohibited by the by-law if such land, building or structure continues to be used in the same manner and for the same purpose as it was used on the day such by-law was passed. R.S.O. 1990, c. P.13, s. 34 (10). (10.0.0.1), (10.0.0.2) Repealed: 2022, c. 21, Sched. 9, s. 8 (1). 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. 2024, c. 16, Sched. 12, s. 5 (3). Prescribed information (10.1) A person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section shall provide the prescribed information and material to the council. 1996, c. 4, s. 20 (5). Other information (10.2) Subject to the regulations, a council may require that a person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section provide any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 15 (4); 2025, c. 9, Sched. 7, s. 4 (2). Refusal and timing (10.3) Until the council has received the information and material required under subsections (10.1) and (10.2), if any, and any fee under section 69, (a) the council may refuse to accept or further consider the application for an amendment to the by-law; and (b) the time period referred to in subsection (11) or (11.0.0.0.1), as the case may be, does not begin. 2006, c. 23, s. 15 (4); 2022, c. 12, Sched. 5, s. 4 (1). Information and material prepared by prescribed professionals (10.3.1) The provision of information or material to a council in respect of a requirement under subsection (10.1) or (10.2) is deemed to meet the applicable requirement if the information or material is prepared by a person authorized to practise a prescribed profession. 2025, c. 9, Sched. 7, s. 4 (3). Response re completeness of application (10.4) Within 30 days after the person or public body that makes the application for an amendment to a by-law pays any fee under section 69, the council shall notify the person or public body that the information and material required under subsections (10.1) and (10.2), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 15 (4). 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. 2024, c. 16, Sched. 12, s. 5 (4). (10.6) Repealed: 2024, c. 16, Sched. 12, s. 5 (4). Notice of particulars and public access (10.7) Within 15 days after the council gives an affirmative notice under subsection (10.4), or within 15 days after the Tribunal advises the clerk of its affirmative decision under subsection (10.5), as the case may be, the council shall, (a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and (b) make the information and material provided under subsections (10.1) and (10.2) available to the public. 2006, c. 23, s. 15 (4); 2017, c. 23, Sched. 5, s. 80. Final determination (10.8) The Tribunal’s determination under subsection (10.5) is not subject to appeal or review. 2006, c. 23, s. 15 (4); 2017, c. 23, Sched. 5, s. 80. Notice of refusal (10.9) When a council refuses an application to amend its by-law, it shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal, (a) to the person or public body that made the application; (b) to each person and public body that filed a written request to be notified of a refusal; and (c) to any prescribed person or public body. 2015, c. 26, s. 26 (3). Contents (10.10) The notice under subsection (10.9) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (10.11) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 26 (3). Written and oral submissions (10.11) Clause (10.10) (a) applies to, (a) any written submissions relating to the application that were made to the council before its decision; and (b) any oral submissions relating to the application that were made at a public meeting. 2015, c. 26, s. 26 (3). (10.12)-(10.14) Repealed: 2024, c. 16, Sched. 12, s. 5 (5) Appeal to Tribunal (11) Subject to subsection (11.0.0.0.1), where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council fails to make a decision on it within 90 days after the receipt by the clerk of the application, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. The Minister. 2017, c. 23, Sched. 3, s. 10 (1); 2019, c. 9, Sched. 12, s. 6 (1); 2021, c. 4, Sched. 6, s. 80 (1). Same, where amendment to official plan required (11.0.0.0.1) If an amendment to a by-law passed under this section or a predecessor of this section in respect of which an application to the council is made would also require an amendment to the official plan of the local municipality and the application is made on the same day as the request to amend the official plan, an appeal to the Tribunal under subsection (11) may be made only if the application is refused or the council fails to make a decision on it within 120 days after the receipt by the clerk of the application. 2017, c. 23, Sched. 3, s. 10 (1); 2019, c. 9, Sched. 12, s. 6 (2). (11.0.0.0.2)-(11.0.0.0.5) Repealed: 2019, c. 9, Sched. 12, s. 6 (3). Use of dispute resolution techniques (11.0.0.1) If an application for an amendment is refused as described in subsection (11) and a notice of appeal is filed under that subsection, the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 26 (5). Notice and invitation (11.0.0.2) If the council decides to act under subsection (11.0.0.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council considers appropriate, (ii) the applicant, if the applicant is not an appellant, and (iii) any other persons or public bodies that the council considers appropriate. 2015, c. 26, s. 26 (5). Extension of time (11.0.0.3) When the council gives a notice under clause (11.0.0.2) (a), the 15-day period mentioned in clause (23) (b) is extended to 75 days. 2015, c. 26, s. 26 (5).

Participation voluntary (11.0.0.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (11.0.0.2) (b) is voluntary. 2015, c. 26, s. 26 (5). Consolidated hearing (11.0.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application for an amendment to a by-law unless the council has made a decision on the application or the time period referred to in subsection (11) has expired. 2021, c. 4, Sched. 6, s. 80 (4). (11.0.2) Repealed: 2017, c. 23, Sched. 3, s. 10 (2). Time for filing certain appeals (11.0.3) A notice of appeal under subsection (11) with respect to the refusal of an application shall be filed no later than 20 days after the day that the giving of notice under subsection (10.9) is completed. 2006, c. 23, s. 15 (5). Restricted appeals, areas of settlement (11.0.4) 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, (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 (b) a new area of settlement. 2006, c. 23, s. 15 (5); 2024, c. 16, Sched. 12, s. 5 (6). Restricted appeals, areas of employment (11.0.5) Despite subsection (11), if the official plan contains policies dealing with the removal of land from areas of employment, 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 remove any land from an area of employment, even if other land is proposed to be added. 2006, c. 23, s. 15 (5). No appeal re inclusionary zoning policies (11.0.6) 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 amend or repeal a part of the by-law that gives effect to policies described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 3 (2). No appeal re renewable energy undertakings (11.0.7) 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 permit a renewable energy undertaking. 2018, c. 16, s. 8 (6). Exception re Minister (11.0.8) Subsection (11.0.7) does not apply to an appeal by the Minister. 2018, c. 16, s. 8 (6). Withdrawal of appeal (11.1) If all appeals under subsection (11) are withdrawn, the Tribunal shall notify the clerk of the municipality and the decision of the council is final and binding or the council may proceed to give notice of the public meeting or pass or refuse to pass the by-law, as the case may be. 1999, c. 12, Sched. M, s. 25 (1); 2017, c. 23, Sched. 5, s. 82. Information and public meeting; open house in certain circumstances (12) Before passing a by-law under this section, except a by-law passed pursuant to an order of the Tribunal made under subsection (26), (a) the council shall ensure that, (i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and (ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and (b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i). 2006, c. 23, s. 15 (6); 2009, c. 33, Sched. 21, s. 10 (2); 2017, c. 23, Sched. 3, s. 10 (3). Notice (13) Notice of the public meeting required under subclause (12) (a) (ii) and of the open house, if any, required by clause (12) (b), (a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and (b) shall be accompanied by the prescribed information. 2006, c. 23, s. 15 (6). Timing of open house (14) The open house required by clause (12) (b) shall be held no later than seven days before the public meeting required under subclause (12) (a) (ii) is held. 2006, c. 23, s. 15 (6). Timing of public meeting (14.1) The public meeting required under subclause (12) (a) (ii) shall be held no earlier than 20 days after the requirements for giving notice have been complied with. 2006, c. 23, s. 15 (6). Participation in public meeting (14.2) Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law. 2006, c. 23, s. 15 (6). Alternative measures (14.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed zoning by-laws, and if the measures are complied with, clause (10.7) (a) and subsections (12) to (14.2) do not apply to the proposed by-laws, but subsection (14.6) does apply. 2015, c. 26, s. 26 (6). Same (14.4) In the course of preparing the official plan, before including alternative measures described in subsection (14.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed by-laws to the prescribed persons and public bodies mentioned in clause (13) (a). 2015, c. 26, s. 26 (6). Transition (14.4.1) For greater certainty, subsection (14.4) does not apply with respect to alternative measures that were included in an official plan before the day subsection 26 (6) of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 26 (6). Information (14.5) At a public meeting under subclause (12) (a) (ii), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (11) and (19). 2006, c. 23, s. 15 (6). Where alternative procedures followed (14.6) If subsection (14.3) applies, the information required under subsection (14.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of proposed zoning by-laws. 2006, c. 23, s. 15 (6); 2015, c. 26, s. 26 (7). Information to public bodies (15) The council shall forward to such public bodies as the council considers may have an interest in the zoning proposal sufficient information to enable them to understand it generally and such information shall be forwarded not less than twenty days before passing a by-law implementing the proposal. R.S.O. 1990, c. P.13, s. 34 (15); 1994, c. 23, s. 21 (5). Conditions (16) If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location. 2006, c. 23, s. 15 (7). Same (16.1) The prescribed conditions referred to in subsection (16) may be made subject to such limitations as may be prescribed. 2006, c. 23, s. 15 (7). Same (16.2) When a prescribed condition is imposed under subsection (16), (a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition; (b) the agreement may be registered against the land to which it applies; and (c) the municipality 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. 2006, c. 23, s. 15 (7). City of Toronto (16.3) Subsections (16), (16.1) and (16.2) do not apply with respect to the City of Toronto. 2006, c. 23, s. 15 (8). Further notice (17) Where a change is made in a proposed by-law after the holding of the public meeting mentioned in subclause (12) (a) (ii), the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law. R.S.O. 1990, c. P.13, s. 34 (17); 2006, c. 23, s. 15 (9). Notice of passing of by-law (18) If the council passes a by-law under this section, except a by-law passed pursuant to an order of the Tribunal made under subsection (11.0.2) or (26), the council shall ensure that written notice of the passing of the by-law is given in the prescribed manner, no later than 15 days after the day the by-law is passed, (a) to the person or public body that made the application, if any; (b) to each person and public body that filed a written request to be notified of the decision; and (c) to any prescribed person or public body. 2015, c. 26, s. 26 (8); 2017, c. 23, Sched. 5, s. 93 (2). Contents (18.1) The notice under subsection (18) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.2) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 26 (8). Written and oral submissions (18.2) Clause (18.1) (a) applies to, (a) any written submissions relating to the by-law that were made to the council before its decision; and (b) any oral submissions relating to the by-law that were made at a public meeting. 2015, c. 26, s. 26 (8). Appeal to Tribunal (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 Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal: 1. The applicant. 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. 3. The Minister. 2006, c. 23, s. 15 (10); 2017, c. 23, Sched. 3, s. 10 (4); 2019, c. 9, Sched. 12, s. 6 (4); 2021, c. 4, Sched. 6, s. 80 (1); 2024, c. 16, Sched. 12, s. 5 (7). 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. 2024, c. 16, Sched. 12, s. 5 (8). 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; or (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. 2024, c. 16, Sched. 12, s. 5 (8). 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. 2024, c. 16, Sched. 12, s. 5 (8). 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. 2024, c. 16, Sched. 12, s. 5 (8). Content of notice of appeal (19.0.1) If the appellant intends to argue that the by-law is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the notice of appeal must also explain how the by-law is inconsistent with, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 6 (5). (19.0.2) Repealed: 2019, c. 9, Sched. 12, s. 6 (5). No appeal re additional residential unit by-laws (19.1) Despite subsection (19), there is no appeal in respect of the parts of a by-law that are passed to permit the use of, (a) a second 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, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third 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, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 8 (2); 2023, c. 10, Sched. 6, s. 6 (3). Exception re Minister (19.2) Subsection (19.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 3 (3). No appeal re inclusionary zoning policies (19.3) Despite subsection (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16 (4), including, for greater certainty, no appeal in respect of any condition, requirement or standard relating to such policies. 2016, c. 25, Sched. 4, s. 3 (4). Matters referred to in s. 34 (1) (19.3.1) Despite subsection (19.3), there is an appeal in respect of any matter referred to in subsection (1) even if such matter is included in the by-law as a measure or incentive in support of the policies described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 3 (5); 2017, c. 23, Sched. 3, s. 10 (6). Exception re Minister (19.4) Subsection (19.3) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 3 (4). No appeal re protected major transit station area – permitted uses, etc. (19.5) Despite subsections (19) and (19.3.1), and subject to subsections (19.6) to (19.9), there is no appeal in respect of, (a) the parts of a by-law that establish permitted uses or the minimum or maximum densities with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16); or (b) the parts of a by-law that establish minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16). 2017, c. 23, Sched. 3, s. 10 (7); 2022, c. 21, Sched. 9, s. 8 (3). Same, by-law of a lower-tier municipality (19.6) Subsection (19.5) applies to a by-law of a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities only if the lower-tier municipality’s official plan contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) with respect to the protected major transit station area. 2017, c. 23, Sched. 3, s. 10 (7); 2022, c. 21, Sched. 9, s. 8 (4). Exception (19.7) Clause (19.5) (b) does not apply in circumstances where the maximum height that is permitted with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is required in respect of that parcel. 2017, c. 23, Sched. 3, s. 10 (7). Exception re Minister (19.8) Subsection (19.5) does not apply to an appeal by the Minister. 2017, c. 23, Sched. 3, s. 10 (7). Exception re non-compliance with s. 16 (20) (19.9) Subsection (19.5) does not apply to a zoning by-law that is passed more than one year after the later of the following comes into effect: 1. Official plan policies described in subsection 16 (15) or subclauses 16 (16) (b) (i) and (ii) for the protected major transit station area. 2. An amendment to the policies referred to in paragraph 1 of this subsection. 2022, c. 21, Sched. 9, s. 8 (5). When giving of notice deemed completed (20) For the purposes of subsections (11.0.3) and (19), the giving of written notice shall be deemed to be completed, (a) where notice is given by publication in a newspaper, on the day that such publication occurs; (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by personal service, on the day that the serving of all required notices is completed; (c) where notice is given by mail, on the day that the mailing of all required notices is completed; and (d) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. R.S.O. 1990, c. P.13, s. 34 (20); 1994, c. 23, s. 21 (9); 2015, c. 26, s. 26 (10). Use of dispute resolution techniques (20.1) When a notice of appeal is filed under subsection (19), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 26 (11). Notice and invitation (20.2) If the council decides to act under subsection (20.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council considers appropriate, (ii) the applicant, if there is an applicant who is not an appellant, and (iii) any other persons or public bodies that the council considers appropriate. 2015, c. 26, s. 26 (11). Extension of time (20.3) When the council gives a notice under clause (20.2) (a), the 15-day period mentioned in clause (23) (b) and subsections (23.2) and (23.3) is extended to 75 days. 2015, c. 26, s. 26 (11). Participation voluntary (20.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (20.2) (b) is voluntary. 2015, c. 26, s. 26 (11). When by-law deemed to have come into force (21) When no notice of appeal is filed under subsection (19), the by-law shall be deemed to have come into force on the day it was passed except that where the by-law is passed under circumstances mentioned in subsection 24 (2) the by-law shall not be deemed to have come into force on the day it was passed until the amendment to the official plan comes into effect. R.S.O. 1990, c. P.13, s. 34 (21); 1994, c. 23, s. 21 (10); 1996, c. 4, s. 20 (8). Affidavit re no appeal, etc. (22) An affidavit or declaration of an employee of the municipality that notice was given as required by subsection (18) or that no notice of appeal was filed under subsection (19) within the time allowed for appeal shall be conclusive evidence of the facts stated therein. R.S.O. 1990, c. P.13, s. 34 (22); 1996, c. 4, s. 20 (9). Record (23) The clerk of a municipality who receives a notice of appeal under subsection (11) or (19) shall ensure that, (a) a record that includes the prescribed information and material is compiled; (b) the notice of appeal, record and fee are forwarded to the Tribunal, (i) within 15 days after the last day for filing a notice of appeal under subsection (11.0.3) or (19), as the case may be, or (ii) within 15 days after a notice of appeal is filed under subsection (11) with respect to the failure to make a decision; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2017, c. 23, Sched. 3, s. 10 (8). Withdrawal of appeals (23.1) If all appeals to the Tribunal under subsection (19) are withdrawn and the time for appealing has expired, the Tribunal shall notify the clerk of the municipality and the decision of the council is final and binding. 2017, c. 23, Sched. 5, s. 93 (3). Exception (23.2) Despite clause (23) (b), if all appeals under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the municipality is not required to forward the materials described under clauses (23) (b) and (c) to the Tribunal. 1999, c. 12, Sched. M, s. 25 (2); 2017, c. 23, Sched. 5, s. 93 (4). Decision final (23.3) If all appeals to the Tribunal under subsection (19) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council is final and binding. 1999, c. 12, Sched. M, s. 25 (2); 2017, c. 23, Sched. 5, s. 93 (5). Hearing and notice thereof (24) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 93 (6). Restriction re adding parties (24.1) Despite subsection (24), in the case of an appeal under subsection (11) that relates to all or part of an application for an amendment to a by-law that is refused, or in the case of an appeal under subsection (19), only the following may be added as parties: 1. A person or public body who satisfies one of the conditions set out in subsection (24.2). 2. The Minister. 2006, c. 23, s. 15 (12). Same (24.2) The conditions mentioned in paragraph 1 of subsection (24.1) are: 1. Before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council. 2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 15 (12); 2017, c. 23, Sched. 5, s. 80. New information and material at hearing (24.3) This subsection applies if information and material that is presented at the hearing of an appeal described in subsection (24.1) was not provided to the municipality before the council made the decision that is the subject of the appeal. 2019, c. 9, Sched. 12, s. 6 (6). Same (24.4) When subsection (24.3) applies, the Tribunal may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council’s decision and, if the Tribunal determines that it could have done so, it shall not be admitted into evidence until subsection (24.5) has been complied with and the prescribed time period has elapsed. 2019, c. 9, Sched. 12, s. 6 (6). Notice to council (24.5) The Tribunal shall notify the council that it is being given an opportunity to, (a) reconsider its decision in light of the information and material; and (b) make a written recommendation to the Tribunal. 2019, c. 9, Sched. 12, s. 6 (6). Council’s recommendation (24.6) The Tribunal shall have regard to the council’s recommendation if it is received within the time period referred to in subsection (24.4), and may, but is not required to, do so if it is received afterwards. 2019, c. 9, Sched. 12, s. 6 (6). Conflict with SPPA (24.7) Subsections (24.1) to (24.6) apply despite the Statutory Powers Procedure Act. 2019, c. 9, Sched. 12, s. 6 (7). Dismissal without hearing (25) Despite the Statutory Powers Procedure Act and subsection (24), the Tribunal may, on its own initiative or on the motion of any party, dismiss all or part of an appeal without holding a hearing if any of the following apply: 1. The Tribunal is of the opinion that, i. the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could allow all or part of the appeal, ii. the appeal is not made in good faith or is frivolous or vexatious, iii. the appeal is made only for the purpose of delay, or iv. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process. 2. The appellant has not provided written reasons for the appeal. 3. The appellant intends to argue a matter mentioned in subsection (19.0.1) but has not provided the explanations required by that subsection. 4. The appellant has not paid the fee charged by the Tribunal. 5. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2019, c. 9, Sched. 12, s. 6 (8); 2021, c. 4, Sched. 6, s. 80 (1). Representation (25.1) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under paragraph 5 of subsection (25). 2000, c. 26, Sched. K, s. 5 (2); 2017, c. 23, Sched. 3, s. 10 (12); 2019, c. 9, Sched. 12, s. 6 (9). Same (25.1.1) Despite the Statutory Powers Procedure Act and subsection (24), the Tribunal may, on its own initiative or on the motion of the municipality or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2017, c. 23, Sched. 3, s. 10 (13). Dismissal (25.2) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (25) or (25.1.1), as it considers appropriate. 2017, c. 23, Sched. 5, s. 93 (7). Powers of Tribunal (26) The Tribunal may, (a) on an appeal under subsection (11) or (19), dismiss the appeal; (b) on an appeal under subsection (11) or (19), amend the by-law in such manner as the Tribunal may determine or direct the council of the municipality to amend the by-law in accordance with the Tribunal’s order; or (c) on an appeal under subsection (19), repeal the by-law in whole or in part or direct the council of the municipality to repeal the by-law in whole or in part in accordance with the Tribunal’s order. 2019, c. 9, Sched. 12, s. 6 (10). (26.1)-(26.13) Repealed: 2019, c. 9, Sched. 12, s. 6 (10). Matters of provincial interest (27) Where an appeal is made to the Tribunal under subsection (11) or (19), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify, (a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 3, s. 10 (15); 2019, c. 9, Sched. 12, s. 6 (11). No hearing or notice required (28) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (27). 2004, c. 18, s. 6 (3). No order to be made (29) If the Tribunal has received a notice from the Minister under subsection (27) and has made a decision on the by-law, the Tribunal shall not make an order under subsection (26) in respect of the part or parts of the by-law identified in the notice. 2019, c. 9, Sched. 12, s. 6 (12). Action of L.G. in C. (29.1) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine. 2004, c. 18, s. 6 (3); 2017, c. 23, Sched. 5, s. 93 (8). Coming into force (30) If one or more appeals have been filed under subsection (19), the by-law does not come into force until all of such appeals have been withdrawn or finally disposed of, whereupon the by-law, except for those parts of it repealed or amended under subsection (26) or as are repealed or amended by the Lieutenant Governor in Council under subsection (29.1), shall be deemed to have come into force on the day it was passed. 1996, c. 4, s. 20 (13); 2004, c. 18, s. 6 (4); 2017, c. 23, Sched. 3, s. 10 (17); 2019, c. 9, Sched. 12, s. 6 (13). Unappealed portions (31) Despite subsection (30), before all of the appeals have been finally disposed of, the Tribunal may make an order providing that any part of the by-law not in issue in the appeal shall be deemed to have come into force on the day the by-law was passed. 1993, c. 26, s. 53 (5); 2017, c. 23, Sched. 5, s. 80. Method (32) The Tribunal may make an order under subsection (31) on its own initiative or on the motion of any person or public body. 1993, c. 26, s. 53 (5); 1996, c. 4, s. 20 (14); 2006, c. 23, s. 15 (18); 2017, c. 23, Sched. 5, s. 80. Notice and hearing (33) The Tribunal may, (a) dispense with giving notice of a motion under subsection (32) or require the giving of such notice of the motion as it considers appropriate; and (b) make an order under subsection (31) after holding a hearing or without holding a hearing on the motion, as it considers appropriate. 2017, c. 23, Sched. 5, s. 93 (9). Notice (34) Despite clause (33) (a), the Tribunal shall give notice of a motion under subsection (32) to any person or public body who filed with the Tribunal a written request to be notified if a motion is made. 2017, c. 23, Sched. 5, s. 93 (9). 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. 2024, c. 16, Sched. 12, s. 5 (9). 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. 2024, c. 16, Sched. 12, s. 5 (9). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 53 (3, 5) - 02/12/1993; 1994, c. 23, s. 21 (1-5, 7-11, 13, 14) - 28/03/1995; 1996, c. 4, s. 20 (1-14) - 22/05/1996; 1999, c. 12, Sched. M, s. 25 (1, 2) - 22/12/1999 2000, c. 26, Sched. K, s. 5 (2) - 06/12/2000 2002, c. 17, Sched. B, s. 10 - 01/01/2003 2004, c. 18, s. 6 (1, 3, 4) - 30/11/2004; 2004, c. 18, s. 6 (2) - 15/12/2003 2006, c. 22, s. 115 - 03/07/2007; 2006, c. 23, s. 15 (1-18) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (5) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (1-5) - 15/12/2009 2011, c. 6, Sched. 2, s. 5 - 01/01/2012 2015, c. 26, s. 26 (1-13) - 01/07/2016 2016, c. 25, Sched. 4, s. 3 (1, 2, 4, 5) - 12/04/2018; 2016, c. 25, Sched. 4, s. 3 (3) - 08/12/2016 2017, c. 23, Sched. 3, s. 10 (1-16) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 82, 93 (1-9) - 03/04/2018 2018, c. 16, s. 8 (6) - 01/06/2019 2019, c. 9, Sched. 12, s. 6 (1-13) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 4) - 01/06/2021 2022, c. 12, Sched. 5, s. 4 (1) - 14/04/2022; 2022, c. 12, Sched. 5, s. 4 (2) - 01/01/2023; 2022, c. 21, Sched. 9, s. 8 (1-3, 5) - 28/11/2022; 2022, c. 21, Sched. 9, s. 8 (4) - 01/07/2024 2023, c. 10, Sched. 6, s. 6 (1-3) - 08/06/2023 2024, c. 16, Sched. 12, s. 5 (1-9) - 06/06/2024 2025, c. 9, Sched. 7, s. 4 (1-3) - 05/06/2025; 2025, c. 14, Sched. 10, s. 4 (1-3) - 27/11/2025 2026, c. 8, Sched. 7, s. 7 (1-3) - 02/06/2026 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. 2024, c. 16, Sched. 12, s. 6. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 5, s. 5 - 14/04/2022 2024, c. 16, Sched. 12, s. 6 - 06/06/2024 No distinction on the basis of relationship 35 (1) Repealed: 1996, c. 4, s. 21 (1). No distinction on the basis of relationship (2) The authority to pass a by-law under section 34, subsection 38 (1) or section 41 does not include the authority to pass a by-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit. 1994, c. 2, s. 43. Provision of no effect (3) A provision in a by-law passed under section 34, subsection 38 (1) or section 41 or in an order made under subsection 47 (1) is of no effect to the extent that it contravenes the restrictions described in subsection (2). 1994, c. 2, s. 43; 1996, c. 4, s. 21 (2). (4) Repealed: 1996, c. 4, s. 21 (3). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 43 - 14/07/1994; 1996, c. 4, s. 21 (1-3) - 16/11/1995 Restrictions for residential units 35.1 (1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 9. Restriction, parking (1.1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law requiring more than one parking space to be provided and maintained in connection with a residential unit referred to in subsection (1) other than the primary residential unit. 2022, c. 21, Sched. 9, s. 9; 2023, c. 10, Sched. 6, s. 7. Restriction, minimum area (1.2) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that regulates the minimum floor area of a residential unit referred to in subsection (1) of this section. 2022, c. 21, Sched. 9, s. 9. Provisions of no effect (1.3) A provision of a by-law passed under section 34 or an order made under or clause 47 (1) (a) is of no effect to the extent that it contravenes a restriction described in subsection (1), (1.1) or (1.2) of this section. 2022, c. 21, Sched. 9, s. 9; 2025, c. 9, Sched. 7, s. 5. 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. 2024, c. 16, Sched. 12, s. 7. 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. 2024, c. 16, Sched. 12, s. 7. 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. 2024, c. 16, Sched. 12, s. 7. Regulation applies as zoning by-law (3) A regulation under subsection (2) applies as though it is a by-law passed under section 34. 2011, c. 6, Sched. 2, s. 6. Regulation prevails (4) A regulation under subsection (2) prevails over a by-law passed under section 34 to the extent of any inconsistency, unless the regulation provides otherwise. 2011, c. 6, Sched. 2, s. 6. Exception (5) A regulation under subsection (2) may provide that a by-law passed under section 34 prevails over the regulation. 2011, c. 6, Sched. 2, s. 6. Regulation may be general or particular (6) A regulation under subsection (2) may be general or particular in its application and may be restricted to those municipalities or parts of municipalities set out in the regulation. 2011, c. 6, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2011, c. 6, Sched. 2, s. 6 - 01/01/2012 2022, c. 21, Sched. 9, s. 9 - 28/11/2022 2023, c. 10, Sched. 6, s. 7 - 08/06/2023 2024, c. 16, Sched. 12, s. 7 - 06/06/2024 2025, c. 9, Sched. 7, s. 5 - 05/06/2025 Restrictions for elementary and secondary schools 35.1.1 (1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of a parcel of urban residential land for an elementary school or secondary school of a school board or any ancillary uses to such schools, including the use of a child care centre located in the school. 2025, c. 9, Sched. 7, s. 6. Provision of no effect (2) A provision of a by-law passed under section 34 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) of this section. 2025, c. 9, Sched. 7, s. 6. Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 7, s. 6 - 05/06/2025 By-laws to give effect to inclusionary zoning policies 35.2 (1) If the official plan in effect in a local municipality contains policies described in subsection 16 (4), (a) the council of the municipality shall pass one or more by-laws under section 34 to give effect to the policies, if the municipality is prescribed for the purpose of subsection 16 (4); (b) the council of the municipality may pass one or more by-laws under section 34 to give effect to the policies, if the municipality is not prescribed for the purpose of subsection 16 (4). 2016, c. 25, Sched. 4, s. 4. Content of by-law (2) If a by-law is passed under section 34 to give effect to policies described in subsection 16 (4), the by-law, (a) shall require that the development or redevelopment of specified lands, buildings or structures include, (i) the number of affordable housing units determined under the regulations or, in the absence of such regulations, the number of affordable housing units determined under the by-law, or (ii) affordable housing units occupying the gross floor area determined under the regulations or, in the absence of such regulations, the gross floor area determined under the by-law; (b) shall require that the affordable housing units be maintained as affordable housing units for the period of time determined under the regulations or, in the absence of such regulations, for the period of time determined under the by-law; (c) shall require that the affordable housing units meet the requirements and standards specified in the regulations or, in the absence of such regulations, that the affordable housing units meet requirements and standards specified in the by-law; (d) in addition to requiring that the affordable housing units meet the requirements and standards specified in the regulations, may require that the affordable housing units meet additional requirements and standards specified in the by-law; (e) shall provide for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4) or, in the absence of such regulations, may provide for measures and incentives to support those policies; (f) in addition to providing for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4), may provide for additional measures and incentives to support those policies; (g) shall require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the regulations or, in the absence of such regulations, may require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the by-law; (h) shall include the prescribed provisions and provisions about the prescribed matters; and (i) shall require that the owners of any lands, buildings or structures that are to be developed or redeveloped under the by-law enter into agreements with the municipality, dealing with the matters mentioned in clauses (a) to (h) and ensuring continued compliance with those matters. 2016, c. 25, Sched. 4, s. 4. Procedure to ensure affordability maintained (3) A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall establish a procedure for monitoring and ensuring that the required number of affordable housing units, or the required gross floor area to be occupied by affordable housing units, as the case may be, is maintained for the required period of time. 2016, c. 25, Sched. 4, s. 4. Same (4) The procedure required under subsection (3) shall include the prescribed provisions and provisions about the prescribed matters. 2016, c. 25, Sched. 4, s. 4. Restrictions on authority (5) If a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4), the council may, subject to the prohibitions or restrictions contained in the regulations, authorize the erection or location of some or all of the required affordable housing units in or on lands, buildings or structures other than those that are the subject of the development or redevelopment giving rise to the by-law requirement for affordable housing units. 2019, c. 9, Sched. 12, s. 7. No authority for payment in lieu (6) For greater certainty, if a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4), nothing in this section authorizes the council to authorize the payment of money in lieu of the provision of any or all of the required affordable housing units. 2016, c. 25, Sched. 4, s. 4. Registration of agreements (7) An agreement entered into under clause (2) (i) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2016, c. 25, Sched. 4, s. 4. Application of Municipal Act, 2001 or City of Toronto Act, 2006 (8) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to the requirements imposed by an agreement entered into under clause (2) (i). 2016, c. 25, Sched. 4, s. 4. Reports and information (9) A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall provide the prescribed reports and information concerning affordable housing units in the municipality to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed. 2016, c. 25, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 4, s. 4 - 12/04/2018 2019, c. 9, Sched. 12, s. 7 - 03/09/2019 Holding provision by-law 36 (1) The council of a local municipality may, in a by-law passed under section 34, by the use of the holding symbol “H” (or “h”) in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law. R.S.O. 1990, c. P.13, s. 36 (1). Condition (2) A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the use of the holding symbol mentioned in subsection (1). R.S.O. 1990, c. P.13, s. 36 (2). Appeal to Tribunal (3) Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 90 days after receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and dismiss the same or amend the by-law to remove the holding symbol or direct that the by-law be amended in accordance with its order. 2017, c. 23, Sched. 3, s. 11 (1); 2019, c. 9, Sched. 12, s. 8 (1). Matters of provincial interest (3.1) Where an appeal is made to the Tribunal under subsection (3), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify, (a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 5, s. 94. No hearing or notice required (3.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (3.1). 2004, c. 18, s. 7 (2). No order to be made (3.3) If the Tribunal has received notice from the Minister under subsection (3.1) and has made a decision on the by-law, the Tribunal shall not make an order under subsection (3) in respect of the part or parts of the by-law identified in the notice. 2017, c. 23, Sched. 5, s. 94. Action of L.G. in C.

(3.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine. 2017, c. 23, Sched. 5, s. 94. Application of s. 34 (10.7, 10.9-25.1) (4) Subsections 34 (10.7) and (10.9) to (25.1) do not apply to an amending by-law passed by the council to remove the holding symbol, but the council shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of its intention to pass the amending by-law. R.S.O. 1990, c. P.13, s. 36 (4); 1994, c. 23, s. 22 (2); 1996, c. 4, s. 22; 2009, c. 33, Sched. 21, s. 10 (6); 2017, c. 23, Sched. 3, s. 11 (2); 2019, c. 9, Sched. 12, s. 8 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 22 (1, 2) - 28/03/1995; 1996, c. 4, s. 22 - 22/05/1996 2004, c. 18, s. 7 (1, 2) - 30/11/2004 2009, c. 33, Sched. 21, s. 10 (6) - 15/12/2009 2017, c. 23, Sched. 3, s. 11 (1, 2) - 03/04/2018; 2017, c. 23, Sched. 5, s. 94 - 03/04/2018 2019, c. 9, Sched. 12, s. 8 (1, 2) - 03/09/2019 Community benefits charges Definitions 37 (1) In this section, “specified date” means the specified date for the purposes of section 9.1 of the Development Charges Act, 1997; (“date précisée”) “valuation date” means, with respect to land that is the subject of development or redevelopment, (a) the day before the day the building permit is issued in respect of the development or redevelopment, or (b) if more than one building permit is required for the development or redevelopment, the day before the day the first permit is issued. (“date d’évaluation”) 2020, c. 18, Sched. 17, s. 1. Community benefits charge by-law (2) The council of a local municipality may by by-law impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1. What charge can be imposed for (3) A community benefits charge may be imposed only with respect to development or redevelopment that requires, (a) the passing of a zoning by-law or of an amendment to a zoning by-law under section 34; (b) the approval of a minor variance under section 45; (c) a conveyance of land to which a by-law passed under subsection 50 (7) applies; (d) the approval of a plan of subdivision under section 51; (e) a consent under section 53; (f) the approval of a description under section 9 of the Condominium Act, 1998; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 2020, c. 18, Sched. 17, s. 1. Excluded development or redevelopment (4) A community benefits charge may not be imposed with respect to, (a) development of a proposed building or structure with fewer than five storeys at or above ground; (b) development of a proposed building or structure with fewer than 10 residential units; (c) redevelopment of an existing building or structure that will have fewer than five storeys at or above ground after the redevelopment; (d) redevelopment that proposes to add fewer than 10 residential units to an existing building or structure; or (e) such types of development or redevelopment as are prescribed. 2020, c. 18, Sched. 17, s. 1. Community benefits charge — relationship to development charge, etc. (5) For greater certainty, nothing in this Act prevents a community benefits charge from being imposed with respect to land for park or other public recreational purposes or with respect to the services listed in subsection 2 (4) of the Development Charges Act, 1997, provided that the capital costs that are intended to be funded by the community benefits charge are not capital costs that are intended to be funded under a development charge by-law or from the special account referred to in subsection 42 (15). 2020, c. 18, Sched. 17, s. 1. In-kind contributions (6) A municipality that has passed a community benefits charge by-law may allow an owner of land to provide to the municipality facilities, services or matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1. Notice of value of in-kind contributions (7) Before the owner of land provides facilities, services or matters in accordance with subsection (6), the municipality shall advise the owner of land of the value that will be attributed to them. 2020, c. 18, Sched. 17, s. 1. Agreement re facilities, services or matters (7.1) If the municipality intends to allow an owner of land to provide facilities, services or matters in accordance with subsection (6), the municipality may require the owner to enter into an agreement with the municipality that addresses the provision of the facilities, services or matters. 2022, c. 21, Sched. 9, s. 10 (1). Registration of agreement (7.2) An agreement entered into under subsection (7.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2022, c. 21, Sched. 9, s. 10 (1). Deduction of value of in-kind contributions (8) The value attributed under subsection (7) shall be deducted from the amount the owner of land would otherwise be required to pay under the community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Community benefits charge strategy (9) Before passing a community benefits charge by-law under subsection (2), the municipality shall prepare a community benefits charge strategy that, (a) identifies the facilities, services and matters that will be funded with community benefits charges; and (b) complies with any prescribed requirements. 2020, c. 18, Sched. 17, s. 1. Consultation (10) In preparing the community benefits charge strategy, the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 1. Commencement of by-law (11) A community benefits charge by-law comes into force on the day it is passed or the day specified in the by-law, whichever is later. 2020, c. 18, Sched. 17, s. 1. Limitation (12) Only one community benefits charge by-law may be in effect in a local municipality at a time. 2020, c. 18, Sched. 17, s. 1. Notice of by-law and time for appeal (13) The clerk of a municipality that has passed a community benefits charge by-law shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 1. Requirements of notice (14) Notices required under subsection (13) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 1. Same (15) Every notice required under subsection (13) must be given no later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 1. When notice given (16) A notice required under subsection (13) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 1. Appeal of by-law after passed (17) Any person or public body may appeal a community benefits charge by-law to the Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. 2020, c. 18, Sched. 17, s. 1. Clerk’s duties on appeal (18) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a community benefits charge by-law, the clerk shall compile a record that includes, (a) a copy of the by-law certified by the clerk; (b) a copy of the community benefits charge strategy; (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. 2020, c. 18, Sched. 17, s. 1. Same (19) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day for appealing the by-law and shall provide such other information or material as the Tribunal may require in respect of the appeal. 2020, c. 18, Sched. 17, s. 1. Affidavit, declaration conclusive evidence (20) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 2020, c. 18, Sched. 17, s. 1. Tribunal hearing of appeal (21) The Tribunal shall hold a hearing to deal with any notice of appeal of a community benefits charge by-law forwarded by the clerk of a municipality. 2020, c. 18, Sched. 17, s. 1. Notice of hearing (22) The Tribunal shall determine who shall be given notice of the hearing and in what manner. 2020, c. 18, Sched. 17, s. 1. Powers of Tribunal (23) After the hearing, the Tribunal may, (a) dismiss the appeal in whole or in part; (b) order the council of the municipality to repeal or amend the by-law in accordance with the Tribunal’s order; or (c) repeal or amend the by-law in such manner as the Tribunal may determine. 2020, c. 18, Sched. 17, s. 1. Limitation on powers (24) The Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of a community benefits charge that will be payable in any particular case; (b) add or remove, or reduce the scope of, an exemption provided in the by-law; (c) change a provision for the phasing in of community benefits charges in such a way as to make a charge, or part of a charge, payable earlier; or (d) change the date, if any, the by-law will expire. 2020, c. 18, Sched. 17, s. 1. Dismissal without hearing (25) Despite subsection (21), the Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. 2020, c. 18, Sched. 17, s. 1. When Tribunal ordered repeals, amendments effective (26) The repeal or amendment of a community benefits charge by-law by the Tribunal, or by the council of a municipality pursuant to an order of the Tribunal, is deemed to have come into force on the day the by-law came into force. 2020, c. 18, Sched. 17, s. 1. Refunds if Tribunal repeals by-law, etc. (27) If the Tribunal repeals or amends a community benefits charge by-law, or orders the council of a municipality to repeal or amend a community benefits charge by-law, the municipality shall refund, (a) in the case of a repeal, any community benefits charge paid under the by-law; or (b) in the case of an amendment, the difference between any community benefits charge paid under the by-law and the community benefits charge that would have been payable under the by-law as amended. 2020, c. 18, Sched. 17, s. 1. When refund due (28) If a municipality is required to make a refund under subsection (27), it shall do so, (a) if the Tribunal repeals or amends the by-law, within 30 days after the Tribunal’s order; or (b) if the Tribunal orders the council of the municipality to repeal or amend the by-law, within 30 days after the repeal or amendment by the council. 2020, c. 18, Sched. 17, s. 1. Interest (29) The municipality shall pay interest on an amount it refunds, at a rate not less than the prescribed minimum interest rate, from the day the amount was paid to the municipality to the day it is refunded. 2020, c. 18, Sched. 17, s. 1. Application of specified provisions to by-law amendments (30) Subsections (9) to (11) and (13) to (29) apply, with necessary modifications, to an amendment to a community benefits charge by-law other than an amendment by, or pursuant to an order of, the Tribunal. 2020, c. 18, Sched. 17, s. 1. Limitation of Tribunal powers (31) In an appeal of an amendment to a community benefits charge by-law, the Tribunal may exercise its powers only in relation to the amendment. 2020, c. 18, Sched. 17, s. 1. Maximum amount of community benefits charge (32) Subject to subsection (32.1), the amount of a community benefits charge payable in any particular case shall not exceed an amount equal to the prescribed percentage of the value of the land, as of the valuation date, multiplied by the ratio of “A” to “B” where, “A” is the floor area of any part of a building or structure, which part is proposed to be erected or located as part of the development or redevelopment, and “B” is the floor area of all buildings and structures that will be on the land after the development or redevelopment. 2022, c. 21, Sched. 9, s. 10 (2, 3). Discount (32.1) With respect to a development or redevelopment that includes affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the community benefits charge applicable to such a development or redevelopment shall not exceed the amount determined under subsection (32) multiplied by the ratio of A to B where, “A” is the floor area of all buildings that are part of the development or redevelopment minus the floor area of all affordable residential units, attainable residential units and residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the floor area of all buildings that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 10 (4). Payment under protest and appraisal provided by owner (33) If the owner of land is of the view that the amount of the community benefits charge exceeds the amount permitted under subsection (32), the owner shall, (a) pay the charge under protest; and (b) within the prescribed time period, provide the municipality with an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. No appraisal under subs. (33) (b) (34) If an owner of land pays a community benefits charge under protest but does not provide an appraisal in accordance with clause (33) (b), the payment is deemed not to have been made under protest. 2020, c. 18, Sched. 17, s. 1. Appraisal provided by the municipality (35) If the municipality disputes the value of the land identified in the appraisal referred to in clause (33) (b), the municipality shall, within the prescribed time period, provide the owner with an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. No appraisal under subs. (35) (36) If the municipality does not provide an appraisal in accordance with subsection (35), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in clause (33) (b). 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (35) within 5% (37) If the municipality provides an appraisal in accordance with subsection (35) and the value of the land identified in that appraisal is within 5 per cent of the value identified in the appraisal referred to in clause (33) (b), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in clause (33) (b) or subsection (35), whichever identifies the higher value of the land. 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (35) not within 5% (38) If the municipality provides an appraisal in accordance with subsection (35) and the value of the land identified in that appraisal is not within 5 per cent of the value identified in the appraisal referred to in clause (33) (b), the municipality shall request that a person selected by the owner from the list referred to in subsection (42) prepare an appraisal of the value of the land as of the valuation date. 2020, c. 18, Sched. 17, s. 1. Time period for appraisal referred to in subs. (38) (39) The municipality shall provide the owner with the appraisal referred to in subsection (38) within the prescribed time period. 2020, c. 18, Sched. 17, s. 1. Appraisal under subs. (38) (40) If an appraisal is prepared in accordance with subsection (38), the municipality shall immediately refund to the owner the difference, if any, between the amount of the community benefits charge imposed by the municipality and the maximum amount determined in accordance with subsection (32) based on the value of the land identified in the appraisal referred to in subsection (38). 2020, c. 18, Sched. 17, s. 1. Non-application of subss. (36), (37) and (40) (41) For greater certainty, a refund is not required under subsection (36), (37) or (40) if the maximum amount determined in accordance with subsection (32), based on the value of the land identified in the applicable appraisal, is greater than the amount of the community benefits charge imposed by the municipality. 2020, c. 18, Sched. 17, s. 1. List of appraisers (42) A municipality that has passed a community benefits charge by-law shall maintain a list of at least three persons who, (a) are not employees of the municipality or members of its council; and (b) have an agreement with the municipality to perform appraisals for the purposes of subsection (38). 2020, c. 18, Sched. 17, s. 1. Same (43) A municipality shall maintain the list referred to in subsection (42) until the later of, (a) the day on which the community benefits charge by-law is repealed; and (b) the day on which there is no longer any refund that is or could be required to be made under subsection (40). 2020, c. 18, Sched. 17, s. 1. No building without payment (44) No person shall construct a building on the land proposed for development or redevelopment unless, (a) the payment required by the community benefits charge by-law has been made or arrangements for the payment that are satisfactory to the council have been made; and (b) any facilities, services or matters being provided in accordance with subsection (6) have been provided or arrangements for their provision that are satisfactory to the council have been made. 2020, c. 18, Sched. 17, s. 1. Special account (45) All money received by the municipality under a community benefits charge by-law shall be paid into a special account. 2020, c. 18, Sched. 17, s. 1. Investments (46) The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account. 2020, c. 18, Sched. 17, s. 1. Requirement to spend or allocate monies in special account (47) In each calendar year, a municipality shall spend or allocate at least 60 per cent of the monies that are in the special account at the beginning of the year. 2020, c. 18, Sched. 17, s. 1. Reports and information (48) A council of a municipality that passes a community benefits charge by-law shall provide the prescribed reports and information to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed. 2020, c. 18, Sched. 17, s. 1. Application of subs. (51) (49) Subsection (51) applies with respect to the following: 1. A special account established in accordance with subsection 37 (5), as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2. A reserve fund established by a local municipality in accordance with section 33 of the Development Charges Act, 1997 for any service other than the services described in paragraphs 1 to 20 of subsection 2 (4) of the Development Charges Act, 1997. 2020, c. 18, Sched. 17, s. 1. Same, services prescribed under par. 21 of s. 2 (4) of Development Charges Act, 1997 (50) Despite subsection (49), subsection (51) does not apply with respect to a reserve fund established for a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) of the Development Charges Act, 1997 if the service is prescribed before the earlier of, (a) the day the municipality passes a community benefits charge by-law under subsection (2); and (b) the specified date. 2020, c. 18, Sched. 17, s. 1. Transition respecting special account and reserve fund described in subs. (49) (51) The following rules apply with respect to a special account or reserve fund to which this subsection applies: 1. If the municipality passes a community benefits charge by-law under this section before the specified date, the municipality shall, on the day it passes the by-law, allocate the money in the special account or reserve fund to the special account referred to in subsection (45). 2. If the municipality has not passed a community benefits charge by-law under this section before the specified date, the special account or reserve fund is deemed to be a general capital reserve fund for the same purposes for which the money in the special account or reserve fund was collected. 3. Despite paragraph 2, subsection 417 (4) of the Municipal Act, 2001 and any equivalent provision of, or made under, the City of Toronto Act, 2006 do not apply with respect to the general capital reserve fund referred to in paragraph 2. 4. If paragraph 2 applies and the municipality passes a community benefits charge by-law under this section on or after the specified date, the municipality shall, on the day it passes the by-law, allocate any money remaining in the general capital reserve fund referred to in paragraph 2 to the special account referred to in subsection (45). 2020, c. 18, Sched. 17, s. 1. Credit under s. 38 of Development Charges Act, 1997 (52) If the municipality passes a community benefits charge by-law under this section before the specified date, any credit under section 38 of the Development Charges Act, 1997 that was held as of the day before the day the by-law is passed and that relates to any services other than the services described in paragraphs 1 to 20 of subsection 2 (4) of that Act may be used by the holder of the credit with respect to a community benefits charge that the holder is required to pay under a community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Same, services prescribed under par. 21 of s. 2 (4) of Development Charges Act, 1997 (53) Subsection (52) does not apply with respect to a credit that relates to a service that is prescribed for the purposes of paragraph 21 of subsection 2 (4) of the Development Charges Act, 1997 if the service is prescribed before the date the municipality passes the community benefits charge by-law. 2020, c. 18, Sched. 17, s. 1. Regular review of by-law (54) If a community benefits charge by-law is in effect in a local municipality, the municipality shall ensure that a review of the by-law is undertaken to determine the need for a revision of the by-law. 2022, c. 12, Sched. 5, s. 6. Same, consultation (55) In undertaking the review required under subsection (54), the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2022, c. 12, Sched. 5, s. 6. Resolution re need for revision (56) After conducting a review under subsection (54), the council shall pass a resolution declaring whether a revision to the by-law is needed. 2022, c. 12, Sched. 5, s. 6. Timing of review (57) A resolution under subsection (56) shall be passed at the following times: 1. Within five years after the by-law was first passed. 2. If more than five years have passed since the by-law was first passed, within five years after the previous resolution was passed pursuant to subsection (56). 2022, c. 12, Sched. 5, s. 6. Notice (58) Within 20 days of passing a resolution pursuant to subsection (56), the council shall give notice, on the website of the municipality, of the council’s determination regarding whether a revision to the by-law is needed. 2022, c. 12, Sched. 5, s. 6. Failure to pass resolution (59) If the council does not pass a resolution pursuant to subsection (56) within the relevant time period set out in subsection (57), the by-law shall be deemed to have expired on the day that is five years after the by-law was passed or five years after the previous resolution was passed pursuant to subsection (56), as the case may be. 2022, c. 12, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 27 - 01/07/2016 2019, c. 9, Sched. 12, s. 9 - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 15, Sched. 31, s. 1 (1, 2) - no effect - see: 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 1 - 18/09/2020 2022, c. 12, Sched. 5, s. 6 - 14/04/2022; 2022, c. 21, Sched. 9, s. 10 (1, 3) - 28/11/2022; 2022, c. 21, Sched. 9, s. 10 (2, 4) – 01/06/2024 Transitional matters respecting repealed s. 37, etc. Definitions 37.1 (1) In this section, “by-law described in the repealed subsection 37 (1)” means a by-law passed under section 34 that includes, under subsection 37 (1) as it read on the day before the effective date, any requirement to provide facilities, services or matters; (“règlement municipal visé au paragraphe 37 (1) abrogé”) “effective date” means the day section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force. (“date d’effet”) 2020, c. 18, Sched. 17, s. 1. Continued application of repealed s. 37 (1) to (5) (2) Despite their repeal by section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, the following provisions continue to apply to a local municipality until the applicable date described in subsection (5) of this section: 1. Subsections 37 (1) to (4), as they read on the day before the effective date. 2. Subsection 37 (5), as it read on the day before the effective date, except that the reference to a special account in that subsection shall be read as a reference to the special account referred to in subsection 37 (45). 2020, c. 18, Sched. 17, s. 1. By-law described in repealed s. 37 (1) (3) On and after the applicable date described in subsection (5), the following rules apply if, before that date, the local municipality has passed a by-law described in the repealed subsection 37 (1): 1. Subsections 37 (1) to (4), as they read on the day before the effective date, continue to apply with respect to the by-law and the lands that are the subject of the by-law. 2. Subsection 37 (5), as it read on the day before the effective date, continues to apply with respect to the by-law and the lands that are the subject of the by-law, except that the reference to a special account in that subsection shall be read as a reference to the special account referred to in subsection 37 (45). 3. The development or redevelopment of the lands that are the subject of the by-law described in the repealed subsection 37 (1) is not subject to a community benefits charge by-law passed under section 37. 2020, c. 18, Sched. 17, s. 1. Non-application of subs. (3) (4) Subsection (3) does not apply with respect to the lands that are the subject of a by-law described in the repealed subsection 37 (1) if, on or after the applicable date described in subsection (5), the by-law, (a) is amended to remove any requirement to provide facilities, services or matters that was included under subsection 37 (1), as it read on the day before the effective date; or (b) is repealed. 2020, c. 18, Sched. 17, s. 1. Applicable date (5) The applicable date referred to in subsections (2), (3) and (4) is the earlier of, (a) the day the municipality passes a community benefits charge by-law under subsection 37 (2); and (b) the specified date for the purposes of section 9.1 of the Development Charges Act, 1997. 2020, c. 18, Sched. 17, s. 1. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 12, s. 10 - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 15, Sched. 31, s. 2 - no effect - see 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 1 - 18/09/2020 Interim control by-law 38 (1) Where the council of a local municipality has, by by-law or resolution, directed that a review or study be undertaken in respect of land use planning policies in the municipality or in any defined area or areas thereof, the council of the municipality may pass a by-law (hereinafter referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law. R.S.O. 1990, c. P.13, s. 38 (1). Extension of period by-law in effect (2) The council of the municipality may amend an interim control by-law to extend the period of time during which it will be in effect, provided the total period of time does not exceed two years from the date of the passing of the interim control by-law. R.S.O. 1990, c. P.13, s. 38 (2). Notice of passing of by-law (3) No notice or hearing is required prior to the passing of a by-law under subsection (1) or (2) but the clerk of the municipality shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of a by-law passed under subsection (1) or (2) within 20 days of the passing thereof. R.S.O. 1990, c. P.13, s. 38 (3); 1994, c. 23, s. 23 (1); 2023, c. 10, Sched. 6, s. 8 (1). Appeal to Tribunal re by-law passed under subss. (1) and (2) (4) Any person or public body who was given notice of the passing of a by-law under subsection (3) may, within 50 days after the date of the passing of the by-law, appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. 2023, c. 10, Sched. 6, s. 8 (2). Transition (4.1) This section, as it read immediately before the day the Helping Homebuyers, Protecting Tenants Act, 2023 received Royal Assent, continues to apply to a by-law under subsection (1) or (2) passed before that day. 2023, c. 10, Sched. 6, s. 8 (3). Application (5) If a notice of appeal is filed under subsection (4), subsections 34 (23) to (26) apply with necessary modifications to the appeal. 1996, c. 4, s. 23; 2017, c. 23, Sched. 3, s. 12 (2); 2019, c. 9, Sched. 12, s. 11; 2023, c. 10, Sched. 6, s. 8 (4). When prior zoning by-law again has effect (6) Where the period of time during which an interim control by-law is in effect has expired and the council has not passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, or where an interim control by-law is repealed or the extent of the area covered thereby is reduced, the provisions of any by-law passed under section 34 that applied immediately prior to the coming into force of the interim control by-law again come into force and have effect in respect of all lands, buildings or structures formerly subject to the interim control by-law. R.S.O. 1990, c. P.13, s. 38 (6). Where by-law appealed (6.1) If the period of time during which an interim control by-law is in effect has expired and the council has passed a by-law under section 34 consequent on the completion of the review or study within the period of time specified in the interim control by-law, but there is an appeal of the by-law under subsection 34 (19), the interim control by-law continues in effect as if it had not expired until the date of the order of the Tribunal or until the date of a notice issued by the Tribunal under subsection 34 (23.1) unless the interim control by-law is repealed. 2017, c. 23, Sched. 5, s. 95. Prohibition (7) Where an interim control by-law ceases to be in effect, the council of the municipality may not for a period of three years pass a further interim control by-law that applies to any lands to which the original interim control by-law applied. R.S.O. 1990, c. P.13, s. 38 (7). Application of s. 34 (9) (8) Subsection 34 (9) applies with necessary modifications to a by-law passed under subsection (1) or (2). R.S.O. 1990, c. P.13, s. 38 (8). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 23 (1-3) - 28/03/1995; 1996, c. 4, s. 23 - 22/05/1996 2017, c. 23, Sched. 3, s. 12 (1, 2) - 03/04/2018; 2017, c. 23, Sched. 5, s. 95 - 03/04/2018 2019, c. 9, Sched. 12, s. 11 - 03/09/2019 2023, c. 10, Sched. 6, s. 8 (1-4) - 08/06/2023 Temporary use provisions 39 (1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law. R.S.O. 1990, c. P.13, s. 39 (1). (1.1), (1.2) Repealed: 2002, c. 17, Sched. B, s. 11 (1). Area and time in effect (2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law. 2002, c. 17, Sched. B, s. 11 (2). Extension (3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. R.S.O. 1990, c. P.13, s. 39 (3). Non-application of cl. 34 (9) (a) (4) Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized. R.S.O. 1990, c. P.13, s. 39 (4). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 44 (2) - 14/07/1994 2002, c. 17, Sched. B, s. 11 (1, 2) - 01/01/2003 Garden suites 39.1 (1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including, (a) the installation, maintenance and removal of the garden suite; (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite. 2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7). Definition (2) In this section, “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 2002, c. 17, Sched. B, s. 12. Area and time in effect (3) Despite subsection 39 (2), a by-law authorizing the temporary use of a garden suite shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed 20 years from the day of the passing of the by-law. 2011, c. 6, Sched. 2, s. 7. Extension (4) Despite subsection (3), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. 2002, c. 17, Sched. B, s. 12. Non-application (5) Upon the expiry of the period or periods of time mentioned in subsections (3) and (4), clause 34 (9) (a) does not apply so as to permit the continued use of the garden suite. 2002, c. 17, Sched. B, s. 12. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 12 - 01/01/2003 2009, c. 33, Sched. 21, s. 10 (7, 8) - 15/12/2009 2011, c. 6, Sched. 2, s. 7 - 04/05/2011 Minor by-laws — delegation 39.2 (1) Subject to subsection (2), the council of a local municipality may, by by-law, delegate the authority to pass by-laws under section 34 that are of a minor nature to, (a) a committee of council; or (b) an individual who is an officer, employee or agent of the municipality. 2021, c. 34, Sched. 19, s. 1. Official plan requirement (2) Subsection (1) does not apply unless there is an official plan in effect in the local municipality that specifies the types of by-laws in respect of which there may be a delegation of authority under that subsection. 2021, c. 34, Sched. 19, s. 1. Same (3) Without limiting the generality of the meaning of a by-law passed under section 34 that is of a minor nature, such by-laws may include, (a) a by-law to remove a holding symbol; and (b) a by-law to authorize the temporary use of land, buildings or structures in accordance with subsection 39 (1). 2021, c. 34, Sched. 19, s. 1. Conditions (4) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council, by by-law, provides. 2021, c. 34, Sched. 19, s. 1. Withdrawal of delegation (5) A council may, by by-law, withdraw a delegation of authority made by it under subsection (1), and the withdrawal may be in respect of one or more by-laws in respect of which a final disposition was not made before the withdrawal. 2021, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 19, s. 1 - 02/12/2021 Agreement exempting owner from requirement to provide parking 40 (1) Where an owner or occupant of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner or occupant may enter into an agreement exempting the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the parking facilities. R.S.O. 1990, c. P.13, s. 40 (1). Payment of money (2) An agreement entered into under subsection (1) shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption and shall set forth the basis upon which such payment is calculated. R.S.O. 1990, c. P.13, s. 40 (2). Special account (3) All money received by a municipality under an agreement entered into under this section shall be paid into a special account and, (a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (c) earnings derived from the investment of the money in the special account shall be paid into that account; and (d) the auditor of the municipality, in the auditor’s annual report, shall report on the activities and position of the account. 2002, c. 17, Sched. B, s. 13 (1); 2006, c. 32, Sched. C, s. 47 (6). Registration of agreement (4) An agreement entered into under this section may be registered in the proper land registry office against the land to which it applies and, when so registered, any money payable to the municipality under the agreement that has become due for payment shall have priority lien status as described in section 1 of the Municipal Act, 2001 or section 3 of the City of Toronto Act, 2006, as the case may be. 2002, c. 17, Sched. B, s. 13 (2); 2006, c. 32, Sched. C, s. 47 (7). Certificate (5) When all money payable to the municipality under an agreement registered under subsection (4) has been paid, or such agreement has been terminated, the clerk of the municipality shall, at the request of the owner of the land, provide a certificate in a form registrable in the proper land registry office, certifying that the money has been paid or that the agreement has been terminated. R.S.O. 1990, c. P.13, s. 40 (5). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 13 (1, 2) - 01/01/2003 2006, c. 32, Sched. C, s. 47 (6, 7) - 01/01/2007 Site plan control area 41 (1) In this section, “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act. R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1); 2006, c. 32, Sched. C, s. 47 (8). Exception (1.1) The definition of “development” in subsection (1) does not include the placement of a portable classroom on a school site of a district school board. 2006, c. 23, s. 16 (1); 2025, c. 9, Sched. 7, s. 7 (1). Same (1.2) Subject to subsection (1.3), the definition of “development” in subsection (1) does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units, unless the parcel of land includes any land in a prescribed area. 2022, c. 21, Sched. 9, s. 11 (1); 2023, c. 10, Sched. 6, s. 9 (1). Land lease community home (1.3) The definition of “development” in subsection (1) includes the construction, erection or placing of a land lease community home, as defined in subsection 46 (1), on a parcel of land that will contain any number of residential units. 2022, c. 21, Sched. 9, s. 11 (1). Establishment of site plan control area (2) Where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. R.S.O. 1990, c. P.13, s. 41 (2). Designation of site plan control area (3) A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34. R.S.O. 1990, c. P.13, s. 41 (3). Consultation (3.1) The municipality shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4). 2024, c. 16, Sched. 12, s. 8 (1). (3.2) Repealed: 2024, c. 16, Sched. 12, s. 8 (1). Prescribed information (3.3) If information or materials are prescribed for the purposes of this section, an applicant shall provide the prescribed information and material to the municipality. 2022, c. 12, Sched. 5, s. 7 (1). Other information (3.4) Subject to the regulations, a municipality may require that an applicant provide any other information or material that the municipality considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2022, c. 12, Sched. 5, s. 7 (1); 2025, c. 9, Sched. 7, s. 7 (2). Refusal and timing (3.5) Until the municipality has received the plans and drawings referred to in subsection (4), the information and material required under subsections (3.3) and (3.4), if any, and any fee under section 69, (a) the municipality may refuse to accept or further consider the application; and (b) the time period referred to in subsection (12) of this section does not begin. 2022, c. 12, Sched. 5, s. 7 (1). Information and material prepared by prescribed professionals (3.5.1) The provision of information or material to a municipality in respect of a requirement under subsection (3.3) or (3.4) is deemed to meet the applicable requirement if the information or material is prepared by a person authorized to practise a prescribed profession. 2025, c. 9, Sched. 7, s. 7 (3). Response re completeness of application (3.6) Within 30 days after the applicant pays any fee under section 69, the municipality shall notify the person or public body that the plans and drawings referred to in subsection (4) and the information and material required under subsections (3.3) and (3.4), if any, have been provided, or that they have not been provided, as the case may be. 2022, c. 12, Sched. 5, s. 7 (1). 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. 2024, c. 16, Sched. 12, s. 8 (2). (3.8) Repealed: 2024, c. 16, Sched. 12, s. 8 (2). Final determination (3.9) The Tribunal’s determination under subsection (3.7) is not subject to appeal or review. 2022, c. 12, Sched. 5, s. 7 (1). Approval of plans or drawings (4) No person shall undertake any development in an area designated under subsection (2) unless the authorized person referred to in subsection (4.0.1) or, where an appeal has been made under subsection (12), the Tribunal has approved one or both, as the authorized person may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a), including facilities designed to have regard for accessibility for persons with disabilities. 2. Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 dwelling units, which drawings are sufficient to display, (a) the massing and conceptual design of the proposed building; (b) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access; (c) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings; (d) Repealed: 2026, c. 8, Sched. 1, s. 7 (1). (d.1) matters relating to exterior access to each building that will contain affordable housing units or to any part of such building, but only to the extent that it is a matter of exterior design, if the municipal by-law passed under subsection (2) and the official plan to which the by-law gives effect both include provisions relating to policies described in subsection 16 (4) and both include requirements or standards for exterior access to buildings that will contain affordable housing units;

(e) the elements on any adjoining highway under a municipality’s jurisdiction, including trees, shrubs, hedges, plantings or other ground cover, paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality, but only to the extent that such elements are necessary to address matters of health, safety, accessibility or the protection of adjoining lands; and (f) facilities designed to have regard for accessibility for persons with disabilities. R.S.O. 1990, c. P.13, s. 41 (4); 2002, c. 9, s. 56 (1); 2006, c. 23, s. 16 (3, 4); 2009, c. 33, Sched. 21, s. 10 (9); 2016, c. 25, Sched. 4, s. 5; 2017, c. 23, Sched. 5, s. 80; 2022, c. 12, Sched. 5, s. 7 (2); 2022, c. 21, Sched. 9, s. 11 (2); 2026, c. 8, Sched. 1, s. 7 (1); 2026, c. 8, Sched. 7, s. 8 (1). Authorized person (4.0.1) A council that passes a by-law under subsection (2) shall appoint an officer, employee or agent of the municipality as an authorized person for the purposes of subsection (4). 2022, c. 12, Sched. 5, s. 7 (3). Exclusions from site plan control (4.1) The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control: 1. Interior design. 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building. 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4). 3. The manner of construction and standards for construction. 2006, c. 23, s. 16 (5); 2022, c. 21, Sched. 9, s. 11 (3); 2026, c. 8, Sched. 1, s. 7 (2). Same (4.1.1) The appearance of the elements, facilities and works on the land or any adjoining highway under a municipality’s jurisdiction is not subject to site plan control, except to the extent that the appearance impacts matters of health, safety, accessibility or the protection of adjoining lands. 2022, c. 21, Sched. 9, s. 11 (4); 2026, c. 8, Sched. 7, s. 8 (2). Environmental standards (4.1.2) For greater certainty, the manner of construction and standards for construction referred to in paragraph 3 of subsection (4.1) includes standards for the protection or conservation of the environment. 2026, c. 8, Sched. 1, s. 7 (3). Dispute about scope of site plan control (4.2) The owner of land or the municipality may make a motion for directions to have the Tribunal determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control. 2017, c. 23, Sched. 5, s. 96. Final determination (4.3) The Tribunal’s determination under subsection (4.2) is not subject to appeal or review. 2006, c. 23, s. 16 (5); 2017, c. 23, Sched. 5, s. 80. Drawings for residential buildings (5) Despite the exception provided in paragraph 2 of subsection (4), the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing fewer than 25 dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2) as an area wherein such drawings may be required. R.S.O. 1990, c. P.13, s. 41 (5). Proviso (6) Nothing in this section shall be deemed to confer on the municipality power to limit the height or density of buildings to be erected on the land. R.S.O. 1990, c. P.13, s. 41 (6); 2022, c. 12, Sched. 5, s. 7 (4). Conditions to approval of plans (7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following: 1. Subject to the provisions of subsections (8) and (9), widenings of highways that abut on the land. 2. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. 3. Subject to subsection (9.2), off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways. 4. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access. 4.1 Facilities designed to have regard for accessibility for persons with disabilities. 5. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon. 6. Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands. 7. Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material. 8. Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land. 9. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon; (b) maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of clause (a), including the removal of snow from access ramps and driveways, parking and loading areas and walkways; (c) enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (d) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (4); (c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4); (d) subject to subsection (9.1), convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. R.S.O. 1990, c. P.13, s. 41 (7); 1996, c. 4, s. 24 (1, 2); 2006, c. 23, s. 16 (6, 7); 2026, c. 8, Sched. 7, s. 8 (3). 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. 2024, c. 16, Sched. 12, s. 8 (3). 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. 2024, c. 16, Sched. 12, s. 8 (3). 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. 2024, c. 16, Sched. 12, s. 8 (3). Where area is in upper-tier municipality (8) If an area designated under subsection (2) is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to, (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following: (i) subject to subsection (9), widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land, (ii) subject to the Public Transportation and Highway Improvement Act, where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii) subject to subsection (9.2), where the land abuts a highway under the jurisdiction of the upper-tier municipality, off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways, (iv) where the land abuts a highway under the jurisdiction of the upper-tier municipality, grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land, (v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities; (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (c) and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas; (c) subject to subsection (9.1), convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way. 2002, c. 17, Sched. B, s. 14 (2); 2006, c. 23, s. 16 (8); 2026, c. 8, Sched. 7, s. 8 (4). Limitations on requirement to widen highway (9) An owner may not be required by a municipality, under paragraph 1 of clause (7) (a), or by an upper-tier municipality with planning responsibilities, under subclause (8) (a) (i), to provide a highway widening unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. 2022, c. 21, Sched. 9, s. 11 (5). Limitations on requirement to convey land (9.1) An owner of land may not be required by a municipality, under clause (7) (d), or by an upper-tier municipality with planning responsibilities, under clause (8) (c), to convey land unless the public transit right of way to be provided is shown on or described in an official plan. 2022, c. 21, Sched. 9, s. 11 (6). Limitation on requirement re parking facilities (9.2) An owner of land may not be required by a municipality, under paragraph 3 of clause (7) (a), or by an upper-tier municipality, under subclause (8) (a) (iii), to provide electric vehicle supply equipment in connection with off-street vehicular parking facilities. 2026, c. 8, Sched. 7, s. 8 (5). Limitation, prescribed matters (9.3) With respect to an application made on or after the day a regulation made pursuant to this subsection comes into force, despite subsections (7) and (8), a municipality may not impose requirements respecting prescribed matters. 2026, c. 8, Sched. 7, s. 8 (5). Registration of agreements (10) Any agreement entered into under clause (7) (c) or (c.1) or under clause (8) (b) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land. R.S.O. 1990, c. P.13, s. 41 (10); 2002, c. 17, Sched. B, s. 14 (3); 2006, c. 23, s. 16 (9). Application of Municipal Act, 2001 or City of Toronto Act, 2006 (11) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to any requirements made under clauses (7) (a) and (b) and to any requirements made under an agreement entered into under clause (7) (c) or (c.1). R.S.O. 1990, c. P.13, s. 41 (11); 2002, c. 17, Sched. B, s. 14 (4); 2006, c. 23, s. 16 (10); 2006, c. 32, Sched. C, s. 47 (9). (11.1)-(11.3) Repealed: 2024, c. 16, Sched. 12, s. 8 (4). Appeal to Tribunal re approval of plans or drawings (12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 60 days after they are received by the municipality, the owner may appeal the failure to approve the plans or drawings to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 13 (1); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 12, Sched. 5, s. 7 (6); 2023, c. 10, Sched. 6, s. 9 (4). Appeal to Tribunal re requirement under subs. (7) or (8) (12.0.1) If the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 13 (1); 2021, c. 4, Sched. 6, s. 80 (1). Record (12.0.2) If the clerk receives a notice of appeal under subsection (12) or (12.0.1), the clerk shall ensure that the following are forwarded to the Tribunal within 15 days after the notice is filed: 1. The notice of appeal. 2. The fee. 3. The plans and drawings submitted for approval under subsection (4). 3.1 Any information or material required under subsections (3.3) and (3.4). 4. In the case of an appeal under subsection (12.0.1), documents that set out the requirements made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8), as the case may be. 2017, c. 23, Sched. 3, s. 13 (1); 2023, c. 10, Sched. 6, s. 9 (5). Hearing (12.1) The Tribunal shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements, including the provisions of any agreement required. 2002, c. 17, Sched. B, s. 14 (5); 2017, c. 23, Sched. 3, s. 13 (2). Classes of development, delegation (13) Where the council of a municipality has designated a site plan control area under this section, the council may, by by-law, define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection (4) or (5). 2022, c. 12, Sched. 5, s. 7 (7). Proviso (14) Section 35a of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, shall be deemed to continue in force in respect of any by-law passed under that section on or before that day. R.S.O. 1990, c. P.13, s. 41 (14). Certain agreements declared valid and binding (15) Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979, to the extent that the agreement deals with facilities and matters mentioned in subsection 35a (2) of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, is hereby declared to be valid and binding. R.S.O. 1990, c. P.13, s. 41 (15). Transition (15.1) This section as it read immediately before the day subsection 7 (8) of Schedule 5 to the More Homes for Everyone Act, 2022 comes into force continues to apply with respect to plans and drawings that were submitted for approval under subsection (4) of this section before that day. 2022, c. 12, Sched. 5, s. 7 (8). Same (15.2) This section as it read immediately before July 1, 2022 continues to apply with respect to plans and drawings that were submitted for approval under subsection (4) on or after the day subsection 7 (8) of Schedule 5 to the More Homes for Everyone Act, 2022 comes into force but before July 1, 2022. 2022, c. 12, Sched. 5, s. 7 (9). Same (15.3) In respect of plans and drawings submitted for approval under subsection (4) before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, (a) subparagraph 2 (d) of subsection (4), as it read immediately before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force, continues to apply; (b) paragraph 1.1 of subsection (4.1) does not apply; and (c) subsection (4.1.1) does not apply. 2022, c. 21, Sched. 9, s. 11 (7). 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. 2024, c. 16, Sched. 12, s. 8 (5). 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. 2024, c. 16, Sched. 12, s. 8 (5). City of Toronto (16) This section does not apply to the City of Toronto. 2017, c. 23, Sched. 3, s. 13 (3). Section Amendments with date in force (d/m/y) 1994, c. 4.s. 14 - 23/06/1994; 1994, c. 23, s. 24 (3) - 28/03/1995; 1996, c. 4, s. 24 (1-3) - 22/05/1996 2002, c. 9, s. 56 (1, 2) - 01/07/2005; 2002, c. 17, Sched. B, s. 14 (1-5) - 01/01/2003 2006, c. 23, s. 16 (1-11) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (8, 9) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (9) - 15/12/2009 2016, c. 25, Sched. 4, s. 5 - 12/04/2018 2017, c. 23, Sched. 3, s. 13 (1-3) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 96 - 03/04/2018 2021, c. 4, Sched. 6, s. 80 (1) - 01/06/2021 2022, c. 12, Sched. 5, s. 7 (1, 4, 6, 8) - 14/04/2022; 2022, c. 12, Sched. 5, s. 7 (2, 3, 7, 9) - 01/07/2022; 2022, c. 12, Sched. 5, s. 7 (5) - 01/01/2023; 2022, c. 21, Sched. 9, s. 11 (1-4, 7) - 28/11/2022; 2022, c. 21, Sched. 9, s. 11 (5, 6) - 01/07/2024 2023, c. 10, Sched. 6, s. 9 (1-5) - 08/06/2023 2024, c. 16, Sched. 12, s. 8 (1-5) - 06/06/2024 2025, c. 9, Sched. 7, s. 7 (1-3) - 05/06/2025 2026, c. 8, Sched. 1, s. 7 (1-3) - 02/06/2026; 2026, c. 8, Sched. 7, s. 8 (1-5) - 02/06/2026 Conveyance of land for park purposes Definitions 42 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 28 (1); 2020, c. 18, Sched. 17, s. 2 (1); 2022, c. 21, Sched. 9, s. 12 (1). Conveyance (1) Subject to subsection (1.1), as a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1); 2022, c. 21, Sched. 9, s. 12 (2). Same, affordable residential units (1.1) With respect to land proposed for development or redevelopment that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (3). Exception, non-profit housing development (1.2) A by-law passed under this section does not apply to non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. 2022, c. 21, Sched. 9, s. 12 (4). Non-application, residential units (1.3) A by-law passed under this section does not apply to the erection or location of, (a) a second 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, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) a third 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, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units. 2022, c. 21, Sched. 9, s. 12 (5); 2023, c. 10, Sched. 6, s. 10. Commencement of by-law (2) A by-law passed under this section comes into force on the day it is passed or the day specified in the by-law, whichever is later. 2020, c. 18, Sched. 17, s. 2 (2). When requirement determined (2.1) The amount of land or payment in lieu required to be provided under this section is the amount of land or payment in lieu that would be determined under the by-law on, (a) the day an application for an approval of development in a site plan control area under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006 was made in respect of the development or redevelopment; (b) if clause (a) does not apply, the day an application for an amendment to a by-law passed under section 34 of this Act was made in respect of the development or redevelopment; or (c) if neither clause (a) nor clause (b) applies, the day a building permit was issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, the day the first permit was issued. 2022, c. 21, Sched. 9, s. 12 (6). Same, if by-law not in effect (2.2) Subsection (2.1) applies regardless of whether the by-law under which the amount of land or payment in lieu would be determined is no longer in effect on the date the land is conveyed, the payment in lieu is made or arrangements for the payment in lieu that are satisfactory to the council are made, as the case may be. 2022, c. 21, Sched. 9, s. 12 (6). Same, more than one application (2.3) If a development was the subject of more than one application referred to in clause (2.1) (a) or (b), the later one is deemed to be the applicable application for the purposes of subsection (2.1). 2022, c. 21, Sched. 9, s. 12 (6). Exception, time elapsed (2.4) Clauses (2.1) (a) and (b) do not apply if, on the date the first building permit is issued for the development, more than two years have elapsed since the application referred to in clause (2.1) (a) or (b) was approved. 2022, c. 21, Sched. 9, s. 12 (6). Transition (2.5) Subsection (2.1) does not apply in the case of an application made before the day subsection 12 (6) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 9, s. 12 (6). Alternative requirement (3) Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 600 net residential units proposed or at such lesser rate as may be specified in the by-law. R.S.O. 1990, c. P.13, s. 42 (3); 2022, c. 21, Sched. 9, s. 12 (7). Transition (3.0.1) Subsection (3), as it read immediately before the day subsection 12 (8) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, a building permit has been issued in respect of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (8). Net residential units (3.0.2) For the purposes of subsections (3) and (6.0.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the proposed development or redevelopment from the number of residential units that will be on the land after the proposed development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (8). Same, affordable residential units (3.0.3) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.2). 2022, c. 21, Sched. 9, s. 12 (9). Consultation (3.1) Before passing a by-law under this section that provides for the alternative requirement authorized by subsection (3), the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 2 (3). (3.2) Repealed: 2022, c. 21, Sched. 9, s. 12 (10). Same, alternative requirement (3.3) A by-law that provides for the alternative requirement authorized by subsection (3) shall not require a conveyance or payment in lieu that is greater than, (a) in the case of land proposed for development or redevelopment that is five hectares or less in area, 10 per cent of the land or the value of the land, as the case may be; and (b) in the case of land proposed for development or redevelopment that is greater than five hectares in area, 15 per cent of the land or the value of the land, as the case may be. 2022, c. 12, Sched. 5, s. 8. Deemed amendment of by-law (3.4) If a by-law passed under this section requires a conveyance or payment in lieu that exceeds the amount permitted by subsection (3.3), the by-law is deemed to be amended to be consistent with subsection (3.3). 2022, c. 12, Sched. 5, s. 8. Transition (3.5) Subsections (3.3) and (3.4) do not apply to land proposed for development or redevelopment if, before the day subsection 12 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, a building permit has been issued in respect of the development or redevelopment unless the land proposed for development or redevelopment is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. 2022, c. 21, Sched. 9, s. 12 (11). Official plan requirement (4) The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. R.S.O. 1990, c. P.13, s. 42 (4). Parks plan (4.1) Before passing a by-law under this section, the local municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality. 2015, c. 26, s. 28 (3); 2022, c. 21, Sched. 9, s. 12 (12). Same (4.2) In preparing the parks plan, the municipality, (a) shall consult with every school board that has jurisdiction in the municipality; and (b) may consult with any other persons or public bodies that the municipality considers appropriate. 2015, c. 26, s. 28 (3). (4.3) Repealed: 2022, c. 21, Sched. 9, s. 12 (13). Application, subss. (4.5) to (4.24) (4.4) Subsections (4.5) to (4.24) apply in respect of a by-law passed under this section or an amendment to such a by-law only if the by-law or amendment provides for the alternative requirement authorized by subsection (3). 2020, c. 18, Sched. 17, s. 2 (4). Notice of by-law and time for appeal (4.5) The clerk of a municipality that has passed a by-law under this section shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4). Requirements of notice (4.6) Notices required under subsection (4.5) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 2 (4). Same (4.7) Every notice required under subsection (4.5) must be given not later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4). When notice given (4.8) A notice required under subsection (4.5) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 2 (4). Appeal of by-law after passed (4.9) Any person or public body may appeal a by-law passed under this section to the Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. 2020, c. 18, Sched. 17, s. 2 (4). Clerk’s duty on appeal (4.10) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a by-law passed under this section, the clerk shall compile a record that includes, (a) a copy of the by-law certified by the clerk; (b) a copy of the parks plan referred to in subsection (4.1), if one exists; (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. 2020, c. 18, Sched. 17, s. 2 (4). Same (4.11) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day for appealing the by-law and shall provide such other information or material as the Tribunal may require in respect of the appeal. 2020, c. 18, Sched. 17, s. 2 (4). Affidavit, declaration conclusive evidence (4.12) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 2020, c. 18, Sched. 17, s. 2 (4). Tribunal hearing of appeal (4.13) The Tribunal shall hold a hearing to deal with any notice of appeal of a by-law passed under this section forwarded by the clerk of a municipality. 2020, c. 18, Sched. 17, s. 2 (4). Notice (4.14) The Tribunal shall determine who shall be given notice of the hearing and in what manner. 2020, c. 18, Sched. 17, s. 2 (4). Powers of Tribunal (4.15) After the hearing, the Tribunal may, (a) dismiss the appeal in whole or in part; (b) order the council of the municipality to amend the by-law as it relates to a requirement under subsection (3) or (6.0.1) in accordance with the Tribunal’s order; or (c) amend the by-law as it relates to a requirement under subsection (3) or (6.0.1) in such manner as the Tribunal may determine. 2020, c. 18, Sched. 17, s. 2 (4). Limitation on powers (4.16) The Tribunal may not amend or order the amendment of a by-law so as to, (a) increase the amount of parkland that will be required to be conveyed or payment in lieu that will be required to be paid in any particular case; (b) add or remove, or reduce the scope of, an exemption provided in the by-law; or (c) change the date, if any, the by-law will expire. 2020, c. 18, Sched. 17, s. 2 (4). Dismissal without hearing (4.17) Despite subsection (4.13), the Tribunal may, where it is of the opinion that the objection to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holding a full hearing after notifying the appellant and giving the appellant an opportunity to make representations as to the merits of the appeal. 2020, c. 18, Sched. 17, s. 2 (4). When Tribunal ordered amendments effective (4.18) The amendment of a by-law passed under this section by the Tribunal, or by the council of a municipality pursuant to an order of the Tribunal, is deemed to have come into force on the day the by-law came into force. 2020, c. 18, Sched. 17, s. 2 (4). Refunds if Tribunal amends by-law, orders amendment (4.19) If the Tribunal amends a by-law passed under this section or orders the council of a municipality to amend a by-law passed under this section, the municipality shall refund, (a) in the case of a development or redevelopment that was subject to a requirement to convey land but not a requirement for a payment in lieu, the difference between the value of the land that was conveyed and the value of the land required to be conveyed under the by-law as amended; (b) in the case of a development or redevelopment that was subject to a requirement for a payment in lieu but not a requirement to convey land, the difference between the payment in lieu that was paid and the payment in lieu required under the by-law as amended; or (c) in the case of a development or redevelopment that was subject both to a requirement for a payment in lieu and to a requirement to convey land, (i) if the amount of land that was conveyed is greater than or equal to the amount of land required to be conveyed under the by-law as amended, the payment in lieu and the difference between the value of the land that was conveyed and the value of the land required to be conveyed under the by-law as amended, or (ii) if the amount of land that was conveyed is less than the amount of land required to be conveyed under the by-law as amended, the difference between the payment in lieu that was paid and the payment in lieu required under the by-law as amended. 2020, c. 18, Sched. 17, s. 2 (4). When refund due (4.20) If a municipality is required to make a refund under subsection (4.19), it shall do so, (a) if the Tribunal amends the by-law, within 30 days after the Tribunal’s order; or (b) if the Tribunal orders the council of the municipality to amend the by-law, within 30 days after the amendment by the council. 2020, c. 18, Sched. 17, s. 2 (4). Interest (4.21) The municipality shall pay interest on an amount it refunds, at a rate not less than the prescribed minimum interest rate, from the day the amount was paid to the municipality or, where land was required to be conveyed, the day the building permit was issued in respect of the development or redevelopment, to the day the amount is refunded. 2020, c. 18, Sched. 17, s. 2 (4). Same, more than one building permit (4.22) If more than one building permit was required for the development or redevelopment in respect of which an amount is being refunded, the municipality shall pay interest, at a rate not less than the prescribed minimum interest rate, from the day the first permit was issued for the development or redevelopment to the day the amount is refunded. 2020, c. 18, Sched. 17, s. 2 (4). Application of specified provisions to by-law amendments (4.23) Subsections (2), (3.1) and (4.5) to (4.22) apply, with necessary modifications, to an amendment to a by-law passed under this section other than an amendment by, or pursuant to an order of, the Tribunal. 2020, c. 18, Sched. 17, s. 2 (4). Limitation of Tribunal powers (4.24) In an appeal of an amendment to a by-law passed under this section, the Tribunal may exercise its powers only in relation to the amendment. 2020, c. 18, Sched. 17, s. 2 (4). Non-application (4.25) For greater certainty, subsections (3.1) and (4.5) to (4.24) do not apply to a by-law passed under this section or an amendment to a by-law passed under this section before the day subsection 2 (5) of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force. 2020, c. 18, Sched. 17, s. 2 (4). Transition, expiry of by-law (4.26) A by-law passed under this section that is in force on the day subsection 2 (5) of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force and that provides for the alternative requirement authorized by subsection (3) expires on the specified date for the purposes of section 9.1 of the Development Charges Act, 1997 unless it is repealed earlier. 2020, c. 18, Sched. 17, s. 2 (4). Encumbered land, identification by Minister of Infrastructure (4.27) The Minister of Infrastructure may, by order, identify land as encumbered land for the purposes of subsection (4.28) if, (a) the land is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020; (b) the land is, (i) part of a parcel of land that abuts one or more other parcels of land on a horizontal plane, (ii) subject to an easement or other restriction, or (iii) encumbered by below grade infrastructure; and (c) in the opinion of the Minister of Infrastructure, the land is capable of being used for park or other public recreational purposes. 2022, c. 12, Sched. 5, s. 8; 2022, c. 21, Sched. 9, s. 12 (14). Same, conveyance of described land (4.28) If land proposed for development or redevelopment includes land identified as encumbered land in an order under subsection (4.27), the encumbered land, (a) shall be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under this section, shall be deemed to count towards any requirement, set out in the by-law, applicable to the development or redevelopment. 2022, c. 12, Sched. 5, s. 8. Same, non-application of Legislation Act, 2006, Part III (4.29) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (4.27). 2022, c. 12, Sched. 5, s. 8. Identification of land re conveyance to municipality (4.30) An owner of land proposed for development or redevelopment may, at any time before a building permit is issued in respect of the development or redevelopment, identify, in accordance with such requirements as may be prescribed, a part of the land that the owner proposes be conveyed to the municipality to satisfy, in whole or in part, a requirement of a by-law passed under this section. 2022, c. 21, Sched. 9, s. 12 (15). Same (4.31) Land identified in accordance with subsection (4.30) may include, (a) land that is, (i) part of a parcel of land that abuts one or more other parcels of land on a horizontal plane, (ii) subject to an easement or other restriction, or (iii) encumbered by below grade infrastructure; or (b) an interest in land other than the fee, which interest is sufficient to allow the land to be used for park or other public recreational purposes. 2022, c. 21, Sched. 9, s. 12 (15). Agreement re interest in land (4.32) If the municipality intends to accept the conveyance of land described in clause (4.31) (a) or an interest in land described in clause (4.31) (b), the municipality may require the owner of the land to enter into an agreement with the municipality that provides for the land to be used for park or other public recreational purposes. 2022, c. 21, Sched. 9, s. 12 (15); 2026, c. 8, Sched. 7, s. 9 (1). Validity of easement (4.32.1) If the interest in land described in clause (4.31) (b) is an easement, the easement is valid whether or not the municipality owns appurtenant land or land capable of being accommodated or benefited by the easement. 2026, c. 8, Sched. 7, s. 9 (2). Registration of agreement (4.33) An agreement entered into under subsection (4.32) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2022, c. 21, Sched. 9, s. 12 (15). Municipality refuses to accept identified land (4.34) If the municipality has decided to refuse to accept the conveyance of land identified in accordance with subsection (4.30) to satisfy a requirement of a by-law passed under this section, the municipality shall provide notice to the owner in accordance with such requirements as may be prescribed. 2022, c. 21, Sched. 9, s. 12 (15). Appeal (4.35) An owner of land who has received a notice under subsection (4.34) may, within 20 days of the notice being given, appeal the municipality’s refusal to accept the conveyance to the Tribunal by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2022, c. 21, Sched. 9, s. 12 (15). Same (4.35.1) An owner of land who has not received a notice under subsection (4.34) within 90 days of identifying land in accordance with subsection (4.30) may, at any time before receiving notice under subsection (4.34), appeal to the Tribunal the municipality’s failure to make a decision as to whether to accept the conveyance by filing with the clerk of the municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2026, c. 8, Sched. 7, s. 9 (3). Record (4.36) If the clerk of the municipality receives a notice of appeal referred to in subsection (4.35) within the time set out in that subsection or subsection (4.35.1), the clerk of the municipality shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2022, c. 21, Sched. 9, s. 12 (15); 2026, c. 8, Sched. 7, s. 9 (4). Hearing (4.37) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2022, c. 21, Sched. 9, s. 12 (15). Order by Tribunal (4.38) The Tribunal shall consider whether the land identified in accordance with subsection (4.30) meets the prescribed criteria and, if it does, the Tribunal shall order that the land, (a) be conveyed to the local municipality for park or other public recreational purposes; and (b) shall be deemed, subject to subsection (4.38.1), to count towards any requirement set out in a by-law passed under this section that is applicable to the development or redevelopment, despite any provision of that by-law. 2022, c. 21, Sched. 9, s. 12 (15); 2026, c. 8, Sched. 7, s. 9 (5). Certain lands to be counted (4.38.1) For the purposes of clause (4.38) (b), any land described in clause (4.31) (a) or any interest in land described in clause (4.31) (b) that is conveyed in accordance with clause (4.38) (a) shall be counted towards any requirement set out in the by-law by multiplying the area of such land by a factor of 0.7 or such other larger factor as may be determined by the municipality. 2026, c. 8, Sched. 7, s. 9 (6). Same, interest in land (4.39) If the Tribunal orders an interest in land referred to in clause (4.31) (b) to be conveyed to the local municipality under subsection (4.38), the Tribunal may require the owner of the land to enter in an agreement with the municipality that provides for the land to be used for park or other public recreational purposes and subsection (4.33) applies to the agreement with necessary modifications. 2022, c. 21, Sched. 9, s. 12 (15). Use and sale of land (5) Land conveyed to a municipality under this section shall be used for park or other public recreational purposes, but may be sold at any time. R.S.O. 1990, c. P.13, s. 42 (5). Payment in lieu (6) If a rate authorized by subsection (1) applies, the council may require a payment in lieu, to the value of the land otherwise required to be conveyed. 2015, c. 26, s. 28 (4). Same (6.0.1) If a rate authorized by subsection (3) applies, the council may require a payment in lieu, calculated by using a rate of one hectare for each 1,000 net residential units proposed or such lesser rate as may be specified in the by-law. 2015, c. 26, s. 28 (4); 2022, c. 21, Sched. 9, s. 12 (16). Deemed amendment of by-law (6.0.2) If a by-law passed under this section requires a payment in lieu that exceeds the amount calculated under subsection (6.0.1), in circumstances where the alternative requirement set out in subsection (3) applies, the by-law is deemed to be amended to be consistent with subsection (6.0.1). 2015, c. 26, s. 28 (4). Transition (6.0.3) If, on or before the effective date, in circumstances where the alternative requirement set out in subsection (3) applies, a payment in lieu has been made or arrangements for a payment in lieu that are satisfactory to the council have been made, subsections (6.0.1) and (6.0.2) do not apply. 2015, c. 26, s. 28 (4). Same (6.0.4) Subsection (6.0.1), as it read immediately before the day subsection 12 (17) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continues to apply to a development or redevelopment if, on that day, in circumstances where the alternative requirement set out in subsection (3) applies, a building permit has been issued in respect of the development or redevelopment. 2022, c. 21, Sched. 9, s. 12 (17). No building without payment (6.1) If a payment is required under subsection (6) or (6.0.1), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made. 2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (5). Redevelopment, reduction of payment (6.2) If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) or (6.0.1) by the value of that part. 2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (6). Same (6.3) The conditions mentioned in subsection (6.2) are: 1. The official plan contains policies relating to the reduction of payments required under subsection (6) or (6.0.1). 2. No land is available to be conveyed for park or other public recreational purposes under this section. 2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (7).

Determination of value (6.4) For the purposes of subsections (4.19), (6), (6.0.1) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued. 2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (8); 2020, c. 18, Sched. 17, s. 2 (5). Where land conveyed (7) If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment in lieu has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless, (a) there is a change in the proposed development or redevelopment which would increase the density of development; or (b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. 1994, c. 23, s. 25; 2015, c. 26, s. 28 (9). Non-application (8) Despite clauses 74.1 (2) (h) and (i), subsection (7) does not apply to land proposed for development or redevelopment if, before this subsection comes into force, the land was subject to a condition that land be conveyed to a municipality for park or other public purposes or that a payment of money in lieu of such conveyance be made under this section or under section 51 or 53. 1994, c. 23, s. 25. Changes (9) If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made. 1994, c. 23, s. 25. Disputes (10) In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Tribunal to have the value determined and the Tribunal shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Tribunal may order that a refund be made to the owner. 2017, c. 23, Sched. 5, s. 97 (1). Same, refund following appeal if by-law is amended (10.1) In the event of a dispute between a municipality and an owner of land as to the value of land for the purposes of subsection (4.19), (a) the municipality shall pay the owner the amount it considers to be owed under that subsection in accordance with subsection (4.20); and (b) the owner shall, no later than 30 days after receiving payment, apply to the Tribunal to have the value determined for the purpose of that subsection. 2020, c. 18, Sched. 17, s. 2 (6). Same (10.2) An owner of land who applies to the Tribunal under subsection (10.1) shall give notice of the application to the municipality within 15 days after the application is made. 2020, c. 18, Sched. 17, s. 2 (6). Same (10.3) On an application under subsection (10.1), the Tribunal shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land. 2020, c. 18, Sched. 17, s. 2 (6). Same (11) In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Tribunal and the Tribunal shall make a final determination of the matter. 2017, c. 23, Sched. 5, s. 97 (1). Payment under protest (12) If there is a dispute between a municipality and the owner of land under subsection (10), the owner may pay the amount required by the municipality under protest and shall make an application to the Tribunal under subsection (10) within 30 days of the payment of the amount. 1994, c. 23, s. 25; 2017, c. 23, Sched. 5, s. 97 (2). Notice (13) If an owner of land makes a payment under protest and an application to the Tribunal under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made. 1994, c. 23, s. 25; 2017, c. 23, Sched. 5, s. 97 (3). Park purposes (14) The council of a municipality may include in its estimates an amount to be used for the acquisition of land to be used for park or other public recreational purposes and may pay into the fund provided for in subsection (15) that amount, and any person may pay any sum into the same fund. 1994, c. 23, s. 25. Special account (15) All money received by the municipality under subsections (6), (6.0.1) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection, improvement or repair of buildings and the acquisition of machinery for park or other public recreational purposes. 1994, c. 23, s. 25; 2009, c. 33, Sched. 21, s. 10 (10); 2015, c. 26, s. 28 (10). Investments (16) The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor’s annual report shall report on the activities and status of the account. 1994, c. 23, s. 25; 1996, c. 32, s. 82 (5); 2002, c. 17, Sched. B, s. 15; 2006, c. 32, Sched. C, s. 47 (10). Requirement to spend or allocate monies in special account (16.1) Beginning in 2023 and in each calendar year thereafter, a municipality shall spend or allocate at least 60 per cent of the monies that are in the special account at the beginning of the year. 2022, c. 21, Sched. 9, s. 12 (18). Reports and information (17) A council of a municipality that passes a by-law under this section shall provide the prescribed reports and information to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed. 2019, c. 9, Sched. 12, s. 12 (9). (18)-(20) Repealed: 2019, c. 9, Sched. 12, s. 12 (9). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 25 - 28/03/1995; 1996, c. 32, s. 82 (5) - 06/03/1997 2002, c. 17, Sched. B, s. 15 - 01/01/2003 2006, c. 23, s. 17 (1, 2) - 01/01/2007; 2006, c. 32, Sched. C, s. 47 (10) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (10) - 15/12/2009 2015, c. 26, s. 28 (1-11) - 01/07/2016 2017, c. 23, Sched. 5, s. 97 (1-3) - 03/04/2018 2019, c. 9, Sched. 12, s. 12 (1-8) - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 9, Sched. 12, s. 12 (9) - 18/09/2020; 2019, c. 15, Sched. 31, s. 3 - no effect - see 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 2 (1-6) - 18/09/2020 2022, c. 12, Sched. 5, s. 8 - 14/04/2022; 2022, c. 21, Sched. 9, s. 12 (1, 4-8, 10-14, 16-18) - 28/11/2022; 2022, c. 21, Sched. 9, s. 12 (2, 3, 9) – 01/06/2024; 2022, c. 21, Sched. 9, s. 12 (15) - not in force 2023, c. 10, Sched. 6, s. 10 - 08/06/2023 2026, c. 8, Sched. 7, s. 9 (1-6) - 01/07/2026 Application of subss. 34 (12-34) 43 (1) Subsections 34 (12) to (34) do not apply to a by-law that amends a by-law only to express a word, term or measurement in the by-law in a unit of measurement set out in Schedule I of the Weights and Measures Act (Canada) in accordance with the definitions set out in Schedule II of that Act and that, (a) does not round any measurement so expressed further than to the next higher or lower multiple of 0.5 metres or 0.5 square metres, as the case may be; or (b) does not vary by more than 5 per cent any measurement so expressed. R.S.O. 1990, c. P.13, s. 43 (1); 1993, c. 26, s. 55. Effect of amendment that conforms with subs. (1) (2) Any land, building or structure that otherwise conforms with a by-law passed under section 34 or a predecessor thereof or an order made by the Minister under section 47 or a predecessor thereof does not cease to conform with the by-law or order by reason only of an amendment to the by-law or order that conforms with subsection (1). R.S.O. 1990, c. P.13, s. 43 (2). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 55 - 02/12/1993 Committee of adjustment 44 (1) If a municipality has passed a by-law under section 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable. R.S.O. 1990, c. P.13, s. 44 (1). Copy of by-law to Minister (2) Where a by-law is passed under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof. R.S.O. 1990, c. P.13, s. 44 (2). Term of office (3) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually. R.S.O. 1990, c. P.13, s. 44 (3). Idem (4) Members of the committee shall hold office until their successors are appointed, and are eligible for reappointment, and, where a member ceases to be a member before the expiration of his or her term, the council shall appoint another eligible person for the unexpired portion of the term. R.S.O. 1990, c. P.13, s. 44 (4). Quorum (5) Where a committee is composed of three members, two members constitute a quorum, and where a committee is composed of more than three members, three members constitute a quorum. R.S.O. 1990, c. P.13, s. 44 (5). Vacancy not to impair powers (6) Subject to subsection (5), a vacancy in the membership or the absence or inability of a member to act does not impair the powers of the committee or of the remaining members. R.S.O. 1990, c. P.13, s. 44 (6). Chair (7) The members of the committee shall elect one of themselves as chair, and, when the chair is absent through illness or otherwise, the committee may appoint another member to act as acting chair. R.S.O. 1990, c. P.13, s. 44 (7). Secretary-treasurer, employees (8) The committee shall appoint a secretary-treasurer, who may be a member of the committee, and may engage such employees and consultants as is considered expedient, within the limits of the money appropriated for the purpose. R.S.O. 1990, c. P.13, s. 44 (8). Remuneration (9) The members of the committee shall be paid such compensation as the council may provide. R.S.O. 1990, c. P.13, s. 44 (9). Filing of documents, etc. (10) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the committee, and section 253 of the Municipal Act, 2001 or section 199 of the City of Toronto Act, 2006, as the case may be, applies with necessary modifications to such documents. R.S.O. 1990, c. P.13, s. 44 (10); 2002, c. 17, Sched. B, s. 16; 2006, c. 32, Sched. C, s. 47 (11). Rules of procedure (11) In addition to complying with the requirements of this Act, the committee shall comply with such rules of procedure as are prescribed. R.S.O. 1990, c. P.13, s. 44 (11). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 16 - 01/01/2003 2006, c. 32, Sched. C, s. 47 (11) - 01/01/2007 Powers of committee 45 (1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained. R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Sched. 21, s. 10 (11). Criteria (1.0.1) The committee of adjustment shall authorize a minor variance under subsection (1) only if, in addition to satisfying the requirements of that subsection, the minor variance conforms with, (a) the prescribed criteria, if any; and (b) the criteria established by the local municipality by by-law, if any. 2015, c. 26, s. 29 (1). Same (1.0.2) For the purposes of subsection (1.0.1), criteria that were not in force on the day the owner made the application do not apply. 2015, c. 26, s. 29 (1). Criteria by-law (1.0.3) The council of a local municipality may, by by-law, establish criteria for the purposes of clause (1.0.1) (b) and the following provisions apply, with necessary modifications, in respect of the by-law: 1. Clause 34 (12) (a). 2. Subsections 34 (13), (14.1) to (15), (17) to (19.0.1), (20) to (20.4), (22) to (25.1) and (25.2) to (26). 2015, c. 26, s. 29 (1); 2017, c. 23, Sched. 3, s. 14; 2019, c. 9, Sched. 12, s. 13 (1). Coming into force (1.0.4) A by-law under subsection (1.0.3) comes into force, (a) if no notice of appeal is filed in respect of the by-law and the time for filing appeals has expired, on the day after the last day of the time for filing appeals; (b) if all appeals in respect of the by-law are withdrawn and the time for filing appeals has expired, on the day after the last day on which an appeal was withdrawn; (c) if the Tribunal dismisses all appeals and the time for filing appeals has expired, on the day after the last day on which an appeal was dismissed; (d) if the Tribunal allows an appeal in respect of the by-law and amends the by-law, on the day after the last day on which the Tribunal makes a decision disposing of the appeal; or (e) if the Tribunal allows an appeal in respect of the by-law and directs the municipality to amend the by-law, on the day after the day the municipality passes the amending by-law. 2015, c. 26, s. 29 (1); 2017, c. 23, Sched. 5, ss. 80, 98 (1). Restriction (1.1) Subsection (1) does not allow the committee to authorize a minor variance from conditions imposed under subsection 34 (16) of this Act or under subsection 113 (2) of the City of Toronto Act, 2006. 2006, c. 23, s. 18 (2). Same (1.1.1) Subsection (1) does not allow the committee to authorize a minor variance from those provisions of a by-law that give effect to policies described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 6. (1.2)-(1.4) Repealed: 2022, c. 21, Sched. 9, s. 13 (1). Other powers (2) In addition to its powers under subsection (1), the committee, upon any such application, (a) where any land, building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit, (i) the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed, or a use permitted under subclause (ii) continued until the date of the application to the committee, but no permission may be given to enlarge or extend the building or structure beyond the limits of the land owned and used in connection therewith on the day the by-law was passed, or (ii) the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by-law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee; or (b) where the uses of land, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law. R.S.O. 1990, c. P.13, s. 45 (2). Power of committee to grant minor variances (3) A council that has constituted a committee of adjustment may by by-law empower the committee of adjustment to grant minor variances from the provisions of any by-law of the municipality that implements an official plan, or from such by-laws of the municipality as are specified and that implement an official plan, and when a committee of adjustment is so empowered subsection (1) applies with necessary modifications. R.S.O. 1990, c. P.13, s. 45 (3). Time for hearing (4) The hearing on any application shall be held within thirty days after the application is received by the secretary-treasurer. R.S.O. 1990, c. P.13, s. 45 (4). Notice of hearing (5) The committee, before hearing an application, shall in the manner and to the persons and public bodies and containing the information prescribed, give notice of the application. R.S.O. 1990, c. P.13, s. 45 (5); 1994, c. 23, s. 26 (1). Hearing (6) The hearing of every application shall be held in public, and the committee shall hear the applicant and every other person who desires to be heard in favour of or against the application, and the committee may adjourn the hearing or reserve its decision. R.S.O. 1990, c. P.13, s. 45 (6). Oaths (7) The chair, or in his or her absence the acting chair, may administer oaths. R.S.O. 1990, c. P.13, s. 45 (7). Decision (8) No decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application. 2015, c. 26, s. 29 (3). Same (8.1) The decision of the committee, whether granting or refusing an application, shall be in writing, shall be signed by the members who concur in the decision and shall, (a) set out the reasons for the decision; and (b) contain a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (8.2) had on the decision. 2015, c. 26, s. 29 (3). Written and oral submissions (8.2) Clause (8.1) (b) applies to, (a) any written submissions relating to the application that were made to the committee before its decision; and (b) any oral submissions relating to the application that were made at a hearing. 2015, c. 26, s. 29 (3). Conditions in decision (9) Any authority or permission granted by the committee under subsections (1), (2) and (3) may be for such time and subject to such terms and conditions as the committee considers advisable and as are set out in the decision. R.S.O. 1990, c. P.13, s. 45 (9). Agreement re terms and conditions (9.1) If the committee imposes terms and conditions under subsection (9), it may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions, and in that case the requirement shall be set out in the decision. 2006, c. 23, s. 18 (3). Registration of agreement (9.2) An agreement entered into under subsection (9.1) may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. 2006, c. 23, s. 18 (3). Notice of decision (10) The secretary-treasurer shall not later than ten days from the making of the decision send one copy of the decision, certified by him or her, (a) to the Minister, if the Minister has notified the committee by registered mail that he or she wishes to receive a copy of all decisions of the committee; (b) to the applicant; and (c) to each person who appeared in person or by counsel at the hearing and who filed with the secretary-treasurer a written request for notice of the decision, together with a notice of the last day for appealing to the Tribunal. R.S.O. 1990, c. P.13, s. 45 (10); 2017, c. 23, Sched. 5, s. 98 (2). Additional material (11) Where the secretary-treasurer is required to send a copy of the decision to the Minister under subsection (10), he or she shall also send to the Minister such other information and material as may be prescribed. R.S.O. 1990, c. P.13, s. 45 (11). Appeal to Tribunal (12) The applicant, the Minister or a specified person or public body that has an interest in the matter may within 20 days of the making of the decision appeal to the Tribunal against the decision of the committee by filing with the secretary-treasurer of the committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection accompanied by payment to the secretary-treasurer of the fee charged by the Tribunal as payable on an appeal from a committee of adjustment to the Tribunal. 2017, c. 23, Sched. 5, s. 98 (3); 2021, c. 4, Sched. 6, s. 80 (5); 2022, c. 21, Sched. 9, s. 13 (2). Transition (12.1) For greater certainty, subsection (12), as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the decision is made before that day. 2022, c. 21, Sched. 9, s. 13 (3). Same, retroactive effect (12.2) An appeal under subsection (12) made before the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (12) of this section as it reads on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 13 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (12) of this section in respect of the same decision to which the appeal relates. 2022, c. 21, Sched. 9, s. 13 (3). Same, hearing on the merits (12.3) For the purposes of clause (12.2) (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. 2022, c. 21, Sched. 9, s. 13 (3). Same (12.4) 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. 2022, c. 21, Sched. 9, s. 13 (3). Record (13) On receiving a notice of appeal filed under subsection (12), the secretary-treasurer of the committee shall promptly forward to the Tribunal, by registered mail, (a) the notice of appeal; (b) the amount of the fee mentioned in subsection (12); (c) all documents filed with the committee relating to the matter appealed from; (d) such other documents as may be required by the Tribunal; and (e) any other prescribed information and material. 2017, c. 23, Sched. 5, s. 98 (3). Exception (13.1) Despite subsection (13), if all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the secretary-treasurer is not required to forward the materials described under subsection (13) to the Tribunal. 1999, c. 12, Sched. M, s. 26; 2017, c. 23, Sched. 5, s. 98 (4). Decision final (13.2) If all appeals under subsection (12) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the committee is final and binding and the secretary-treasurer of the committee shall notify the applicant and file a certified copy of the decision with the clerk of the municipality. 1999, c. 12, Sched. M, s. 26. Where no appeal (14) If within such 20 days no notice of appeal is given, the decision of the committee is final and binding, and the secretary-treasurer shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality. R.S.O. 1990, c. P.13, s. 45 (14); 1994, c. 23, s. 26 (3). Where appeals withdrawn (15) Where all appeals to the Tribunal are withdrawn, the decision of the committee is final and binding and the Tribunal shall notify the secretary-treasurer of the committee who in turn shall notify the applicant and file a certified copy of the decision with the clerk of the municipality. 2017, c. 23, Sched. 5, s. 98 (5). Hearing (16) On an appeal to the Tribunal, the Tribunal shall, except as provided in subsections (15) and (17), hold a hearing of which notice shall be given to the applicant, the appellant, the secretary-treasurer of the committee and to such other persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 98 (5). Dismissal without hearing (17) Despite the Statutory Powers Procedure Act and subsection (16), the Tribunal may, on its own initiative or on the motion of any party, dismiss all or part of an appeal without holding a hearing if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could allow all or part of the appeal, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process; (b) the appellant has not provided written reasons for the appeal; (c) the appellant has not paid the fee charged by the Tribunal; or (d) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2017, c. 23, Sched. 5, s. 98 (5); 2019, c. 9, Sched. 12, s. 13 (2); 2021, c. 4, Sched. 6, s. 80 (1). Representation (17.1) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (17) (d). 2000, c. 26, Sched. K, s. 5 (3); 2017, c. 23, Sched. 5, s. 80. Dismissal (17.2) The Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (17), as it considers appropriate. 2017, c. 23, Sched. 5, s. 98 (5). Powers of Tribunal (18) The Tribunal may dismiss the appeal and may make any decision that the committee could have made on the original application. R.S.O. 1990, c. P.13, s. 45 (18); 2017, c. 23, Sched. 5, s. 80. Amended application (18.1) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, before issuing its order, written notice is given to the persons and public bodies who received notice of the original application under subsection (5) and to other persons and agencies prescribed under that subsection. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (7); 2017, c. 23, Sched. 5, s. 80. Exception (18.1.1) The Tribunal is not required to give notice under subsection (18.1) if, in its opinion, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 98 (5). Notice of intent (18.2) Any person or public body who receives notice under subsection (18.1) may, not later than thirty days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be. 1993, c. 26, s. 56; 1994, c. 23, s. 26 (8); 2017, c. 23, Sched. 5, s. 98 (6). Order (18.3) If, after the expiry of the time period in subsection (18.2), no notice of intent has been received, the Tribunal may issue its order. 1993, c. 26, s. 56; 2017, c. 23, Sched. 5, s. 98 (6). Hearing (18.4) If a notice of intent is received, the Tribunal may hold a hearing or resume the hearing on the amended application or it may issue its order without holding a hearing or resuming the hearing. 1996, c. 4, s. 25 (2); 2017, c. 23, Sched. 5, s. 98 (6). Notice of decision (19) When the Tribunal makes an order on an appeal, the Tribunal shall send a copy thereof to the applicant, the appellant and the secretary-treasurer of the committee. 2017, c. 23, Sched. 5, s. 98 (7). Idem (20) The secretary-treasurer shall file a copy of the order of the Tribunal with the clerk of the municipality. R.S.O. 1990, c. P.13, s. 45 (20); 2017, c. 23, Sched. 5, s. 98 (8). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 56 - 02/12/1993; 1994, c. 23, s. 26 (1-8) - 28/03/1995; 1996, c. 4, s. 25 (1, 2) - 22/05/1996; 1999, c. 12, Sched. M, s. 26 - 22/12/1999 2000, c. 26, Sched. K, s. 5 (3) - 06/12/2000 2006, c. 23, s. 18 (1-5) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (11) - 01/01/2010 2015, c. 26, s. 29 (1-4) - 01/07/2016 2016, c. 25, Sched. 4, s. 6 - 12/04/2018 2017, c. 23, Sched. 3, s. 14 - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 98 (1-8) - 03/04/2018 2019, c. 9, Sched. 12, s. 13 (1, 2) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 5) - 01/06/2021 2022, c. 21, Sched. 9, s. 13 (1-3) - 28/11/2022 Mobile homes, land lease community homes 46 (1) In this section, “land lease community home” means any dwelling that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling, but does not include a mobile home; (“maison de communauté de terrains à bail”) “mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (“maison mobile”) “parcel of land” means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or (d.1) or clause 50 (5) (a) or (c.1). (“parcelle de terrain”) R.S.O. 1990, c. P.13, s. 46 (1); 1994, c. 4, s. 15 (1); 2022, c. 21, Sched. 9, s. 14. One mobile home per parcel of land (2) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall erect or locate or use or cause to be erected, located or used, a mobile home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person erect, locate or use or cause to be erected, located or used more than one mobile home on any such parcel of land. R.S.O. 1990, c. P.13, s. 46 (2). One land lease community home per parcel of land (2.1) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall construct or erect or locate or use or cause to be constructed, erected, located or used a land lease community home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person construct, erect, locate or use or cause to be constructed, erected, located or used more than one land lease community home on any such parcel of land. 1994, c. 4, s. 15 (2). Saving (3) This section does not apply to prevent the continued use in the same location of any mobile home that, (a) was erected or located and in use prior to the 1st day of June, 1977; or (b) was erected or located in accordance with a building permit issued prior to the 1st day of June, 1977. R.S.O. 1990, c. P.13, s. 46 (3). Same (4) This section does not apply to prevent the continued use in the same location of any land lease community home that, (a) was constructed, erected or located and in use prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent; or (b) was constructed, erected or located in accordance with a building permit issued prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent. 1994, c. 4, s. 15 (3). Section Amendments with date in force (d/m/y) 1994, c. 4, s. 15 (1-3) - 23/06/1994 2022, c. 21, Sched. 9, s. 14 - 28/11/2022 Power of Minister re zoning and subdivision control 47 (1) The Minister may by order, (a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and (b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1). Non-application of Legislation Act, 2006, Part III (1.0.0.1) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1) on or after the day subsection 5 (1) of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 comes into effect. 2025, c. 14, Sched. 10, s. 5 (1). Same, exception (1.0.0.2) Subsection (1.0.0.1) does not apply to an order to amend or revoke an order that was made under subsection (1) before the day subsection 5 (1) of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 came into effect. 2025, c. 14, Sched. 10, s. 5 (1). Publication (1.0.0.3) An order made under subsection (1) on or after the day subsection 5 (1) of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 comes into effect shall be published on a website of the government of Ontario. 2025, c. 14, Sched. 10, s. 5 (1). Conditions (1.0.1) The Minister may, in an order made under clause (1) (a), impose such conditions on the use of land or the erection, location or use of buildings or structures as in the opinion of the Minister are reasonable. 2025, c. 9, Sched. 7, s. 8. Same (1.0.2) When a condition is imposed under subsection (1.0.1), (a) the Minister may require an owner of land to which the order applies to enter into an agreement relating to the condition with the Minister or with the municipality in which the land is situate; (b) the agreement may be registered against the land to which it applies; and (c) the Minister or the municipality, as the case may be, 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. 2025, c. 9, Sched. 7, s. 8. Same, effect (1.0.3) If a condition has been imposed under subsection (1.0.1) with respect to the use of land or the erection, location or use of buildings or structures, the order is suspended and no person shall use the land or erect, locate or use the buildings or structures under the authority of the order until the Minister is satisfied that the condition has been or will be fulfilled. 2025, c. 9, Sched. 7, s. 8. Notice to clerk (1.0.4) If the Minister is satisfied that the conditions imposed under subsection (1.0.1) have been or will be fulfilled, the Minister shall provide notice to the clerk of the local municipality in which the land is situate. 2025, c. 9, Sched. 7, s. 8. Publication (1.0.5) Within 15 days after receiving notice pursuant to subsection (1.0.4), the clerk shall make the notice available to the public. 2025, c. 9, Sched. 7, s. 8. (1.1)-(1.3) Repealed: 2025, c. 14, Sched. 10, s. 5 (2). Power of Minister to allow minor variances (2) Where an order has been made under clause (1) (a), the Minister, in respect of the lands affected by the order, has all the powers in respect of such order as a committee of adjustment has under subsections 45 (1) and (2) in respect of a by-law passed under section 34, but subsections 45 (4) to (8.2) and (10) to (20) do not apply to the exercise by the Minister of such powers. R.S.O. 1990, c. P.13, s. 47 (2); 2021, c. 25, Sched. 24, s. 1. Order prevails over by-law in event of conflict (3) In the event of a conflict between an order made under clause (1) (a) and a by-law that is in effect under section 34 or 38, or a predecessor thereof, the order prevails to the extent of such conflict, but in all other respects the by-law remains in full force and effect. R.S.O. 1990, c. P.13, s. 47 (3). Deemed by-law of municipality (4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate. 2001, c. 9, Sched. J, s. 2 (1). Non-application of policy statements, etc. (4.0.1) The Minister may, in an order made under clause (1) (a), provide that policy statements issued under subsection 3 (1), provincial plans and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by the order may be established. 2023, c. 10, Sched. 6, s. 11. Interpretation, “specified land” (4.1) In subsections (4.3) to (4.16), “specified land” means land other than land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3. Exclusion of land in Greenbelt Area (4.2) For greater certainty, the land in the Greenbelt Area that is excluded from the definition of “specified land” in subsection (4.1) is the area of land designated under clause 2 (1) (a) of the Greenbelt Act, 2005 which, pursuant to subsection 2 (2) of that Act, includes, (a) the areas covered by the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001; (b) the areas covered by the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act; and (c) such areas of land as may be described in the regulations made under the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3. Site plan control and inclusionary zoning, specified land (4.3) The Minister may, in an order made under clause (1) (a) that applies to specified land, (a) provide that section 41 of this Act and section 114 of the City of Toronto Act, 2006 do not apply in respect of all or a specified part of the specified land described in the order; (b) require that a person who owns all or any part of the specified land described in the order enter into one or more agreements with a municipality in which all or part of the specified land is situate dealing with some or all of the matters listed in subsection (4.4); and (c) exercise any of the powers conferred on councils by subsections 35.2 (1) and (2) in respect of all or a specified part of the specified land described in the order. 2020, c. 18, Sched. 17, s. 3; 2020, c. 18, Sched. 17, s. 3. Delegate of municipality (4.3.1) A municipality’s authority to enter into agreements referred to in clause (4.3) (b) may be delegated to an officer, employee or agent of the municipality who has been appointed for the purposes of subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006. 2025, c. 14, Sched. 10, s. 5 (3). Matters that may be dealt with in agreement (4.4) The matters referred to in clause (4.3) (b) are the following, subject to subsection (4.6): 1. A requirement that any development, within the meaning of subsection 41 (1), on all or a specified part of the specified land described in the order be undertaken in accordance with, i. plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works as may be required by a condition imposed under paragraph 2, including facilities designed to have regard for accessibility for persons with disabilities, and ii. drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 dwelling units, which drawings are sufficient to display, A. the massing and conceptual design of the proposed building, B. the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access, C. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, D. Repealed: 2026, c. 8, Sched. 1, s. 8 (1). E. matters relating to exterior access to each building that will contain affordable housing units or to any part of such a building, but only to the extent that it is a matter of exterior design, F. the elements on any adjoining highway under a municipality’s jurisdiction, including trees, shrubs, hedges, plantings or other ground cover, paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, but only to the extent that such elements are necessary to address matters of health, safety, accessibility or the protection of adjoining lands; and G. facilities designed to have regard for accessibility for persons with disabilities. 2. Anything that may be imposed as a condition by a municipality under subsection 41 (7) of this Act or subsection 114 (11) of the City of Toronto Act, 2006. 3. Anything that may be imposed as a condition by an upper-tier municipality under subsection 41 (8). 2020, c. 18, Sched. 17, s. 3; 2022, c. 21, Sched. 9, s. 15 (1); 2026, c. 8, Sched. 1, s. 8 (1); 2026, c. 8, Sched. 7, s. 10 (1). Same, Minister’s direction (4.5) If an order made under clause (1) (a) includes a requirement described in clause (4.3) (b) to enter into an agreement, the Minister may, at any time before or after the agreement has been entered into, provide the parties with written direction concerning the agreement. 2020, c. 18, Sched. 17, s. 3. Contents of Minister’s direction (4.6) Without limiting the generality of subsection (4.5), the Minister’s direction may, (a) provide that one or more of the matters listed in subsection (4.4) shall not be dealt with in an agreement; (b) specify how any matter listed in subsection (4.4) shall be addressed in an agreement; or (c) specify timelines for entering into an agreement required under clause (4.3) (b) and for the resolution of matters required by such an agreement. 2020, c. 18, Sched. 17, s. 3; 2025, c. 14, Sched. 10, s. 5 (4). Compliance with Minister’s direction (4.7) The parties that are required under clause (4.3) (b) to enter into an agreement shall ensure that, (a) if the Minister gives direction under subsection (4.5) before the agreement is entered into, the agreement complies with the direction; and (b) if the Minister gives direction under subsection (4.5) after the agreement is entered into, the agreement is amended to comply with the direction. 2020, c. 18, Sched. 17, s. 3. Effect of non-compliance (4.8) A provision of an agreement entered into pursuant to a requirement described in clause (4.3) (b) is of no effect to the extent that it does not comply with a direction the Minister gives under subsection (4.5). 2020, c. 18, Sched. 17, s. 3. Same, timing of Minister’s direction (4.9) Subsection (4.8) applies whether the Minister’s direction is given before or after the agreement has been entered into. 2020, c. 18, Sched. 17, s. 3. Agreement not satisfied (4.9.1) If the Minister is of the opinion that any part of an agreement entered into under clause (4.3) (b) has not been satisfied, the Minister may make an order, (a) deeming one or more terms or conditions of the agreement to be satisfied, or to be of no force and effect, as the case may be; or (b) requiring either the owner of land or a municipality to make a motion for directions to have the Tribunal determine a dispute about any part of the agreement. 2025, c. 14, Sched. 10, s. 5 (5). Final determination (4.9.2) The Tribunal’s determination under clause (4.9.1) (b) is not subject to appeal or review. 2025, c. 14, Sched. 10, s. 5 (5). Non-application of Legislation Act, 2006, Part III (4.10) Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction given by the Minister under subsection (4.5) or an order made by the Minister under subsection (4.9.1). 2020, c. 18, Sched. 17, s. 3; 2025, c. 14, Sched. 10, s. 5 (6). Restriction on matters in subs. (4.4), par. 1 (4.11) The following matters relating to buildings described in subparagraph 1 ii of subsection (4.4) shall not be dealt with in an agreement entered into pursuant to a requirement described in clause (4.3) (b): 1. The interior design. 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in sub-subparagraph 1 ii D of subsection (4.4). 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in sub-subparagraph 1 ii C of subsection (4.4). 3. The manner of construction and standards for construction. 2020, c. 18, Sched. 17, s. 3; 2022, c. 21, Sched. 9, s. 15 (2); 2026, c. 8, Sched. 1, s. 8 (2). Environmental standards (4.11.1) For greater certainty, the manner of construction and standards for construction referred to in paragraph 3 of subsection (4.11) includes standards for the protection or conservation of the environment. 2026, c. 8, Sched. 1, s. 8 (3). Enforceability of agreement (4.12) If an agreement is entered into between the owner of land and a municipality in accordance with a requirement described in clause (4.3) (b), (a) the agreement may be registered against the land to which it applies; and (b) the municipality 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. 2020, c. 18, Sched. 17, s. 3. Inclusionary zoning policies (4.13) If an order is made under clause (1) (a) in which the Minister exercises a power described in clause (4.3) (c), the Minister may do one or both of the following: 1. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order and the municipality in which all or part of the specified land is situate enter into one or more agreements dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement. 2. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order enter into one or more agreements with the Minister dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement. 2020, c. 18, Sched. 17, s. 3. Same (4.14) An order containing a requirement described in paragraph 1 of subsection (4.13) is deemed to be a by-law passed by the council of the relevant local municipality for the purposes of subsections 35.2 (3) to (9) and a municipality that is a party to an agreement mentioned in that paragraph shall take the steps required under those subsections. 2020, c. 18, Sched. 17, s. 3.

Same (4.15) If an agreement is entered into in accordance with a requirement described in subsection (4.13), (a) the agreement may be registered against the land to which it applies; and (b) the Minister 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. 2020, c. 18, Sched. 17, s. 3. Same (4.16) An order made under clause (1) (a) in which the Minister exercises a power described in clause (4.3) (c) applies regardless of whether the official plan in effect in the relevant local municipality contains policies described in subsection 16 (4). 2020, c. 18, Sched. 17, s. 3. Notice (5) No notice or hearing is required prior to the making of an order under subsection (1) but the Minister shall give notice of any such order within thirty days of the making thereof in such manner as the Minister considers proper. R.S.O. 1990, c. P.13, s. 47 (5); 2017, c. 23, Sched. 3, s. 15 (1). Idem (6) The Minister shall cause a duplicate or certified copy of an order made under clause (1) (a), (a) where the land affected is situate in a local municipality, to be lodged in the office of the clerk of the municipality, or where the land affected is situate in two or more local municipalities, in the office of the clerk of each of such municipalities; and (b) where the land affected is situate in territory without municipal organization, to be lodged in the proper land registry office, where it shall be made available to the public as a production. R.S.O. 1990, c. P.13, s. 47 (6); 2002, c. 17, Sched. B, s. 17. Registration (7) The Minister shall cause a certified copy or duplicate of an order made under clause (1) (b) to be registered in the proper land registry office. R.S.O. 1990, c. P.13, s. 47 (7). Revocation or amendment (8) An amendment to any order made under subsection (1), or the revocation in whole or in part of such an order, may be initiated by the Minister or on request to the Minister by any person or public body. 2017, c. 23, Sched. 3, s. 15 (2). Consolidated hearing (8.0.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of a request under subsection (8) unless the Minister has referred the request to the Tribunal under subsection (10). 2021, c. 4, Sched. 6, s. 80 (6). Information (8.1) A request under subsection (8) shall include the prescribed information and material and such other information or material as the Minister may require. 1993, c. 26, s. 57 (2). Refusal to consider (8.2) The Minister may refuse to accept or further consider a request under subsection (8) until the prescribed information and material and the required fee are received. 1994, c. 23, s. 27 (3). (9), (9.1) Repealed: 2026, c. 8, Sched. 7, s. 10 (2). Referral of request under subs. (8) (10) The Minister may refer a request made under subsection (8) to the Tribunal. 2017, c. 23, Sched. 3, s. 15 (3). (10.1) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Hearing by Tribunal (11) If the Minister refers the request to the Tribunal, the Tribunal shall conduct a hearing. 2017, c. 23, Sched. 3, s. 15 (3). Notice of hearing (12) Notice of the hearing shall be given in such manner and to such persons as the Tribunal may determine. 2017, c. 23, Sched. 3, s. 15 (3). (12.1)-(12.3) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Recommendation (13) At the conclusion of the hearing, the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the requested amendment or revocation, in whole or in part, make modifications and approve the requested amendment or revocation as modified or refuse the requested amendment or revocation, in whole or in part, and giving reasons for the recommendation. 2017, c. 23, Sched. 3, s. 15 (3). (13.1)-(13.5) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Notice of recommendation (14) A copy of the recommendation of the Tribunal shall be sent to each person who appeared at the hearing and made representations and to any person who in writing requests a copy of the recommendation. 2017, c. 23, Sched. 3, s. 15 (3). Decision to amend or revoke (15) After considering the recommendation of the Tribunal under subsection (13), if there is one, the Minister may, by order, amend or revoke in whole or in part the order made under subsection (1). 2017, c. 23, Sched. 3, s. 15 (3); 2026, c. 8, Sched. 7, s. 10 (3). Notice of decision (16) The Minister shall forward a copy of his or her decision to amend or revoke in whole or in part the order to the clerk of each municipality or secretary-treasurer of each planning board which is within the area covered by the amendment and any person who in writing requests a copy of the decision. 2017, c. 23, Sched. 3, s. 15 (3). (17) Repealed: 1994, c. 23, s. 27 (8). Effect of land use order (18) An order of the Minister made under clause (1) (b) has the same effect as a by-law passed under subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (18). Deemed by-law (19) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in the planning area of a planning board shall be deemed to be and to always have been a by-law passed under section 34 by the planning board in which the land is situate. 2001, c. 9, Sched. J, s. 2 (2). 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. 2023, c. 24, Sched. 2, s. 1. No 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). 2023, c. 24, Sched. 2, s. 1. 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. 2023, c. 24, Sched. 2, s. 1. 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. 2023, c. 24, Sched. 2, s. 1. 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. 2023, c. 24, Sched. 2, s. 1. No 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). 2023, c. 24, Sched. 2, s. 1. No 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. 2023, c. 24, Sched. 2, s. 1. 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. 2023, c. 24, Sched. 2, s. 1. 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. 2023, c. 24, Sched. 2, s. 1. Exception (29) Subsections (20) to (28) do not apply, and are deemed to have never applied, in respect of land designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020, including any causes of action, amounts owing or payable, remedies or proceedings relating directly or indirectly to such land. 2024, c. 18, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 57 (2) - 02/12/1993; 1994, c. 23, s. 27 (1-8) - 28/03/1995; 1996, c. 4, s. 26 (1-3) - 22/05/1996 2000, c. 26, Sched. K, s. 5 (4) - 06/12/2000 2001, c. 9, Sched. J, s. 2 (1, 2) - 29/06/2001 2002, c. 17, Sched. B, s. 17 - 01/01/2003 2006, c. 23, s. 19 (1-3) - 01/01/2007 2017, c. 23, Sched. 3, s. 15 (1-3) - 03/04/2018 2020, c. 18, Sched. 17, s. 3 - 21/07/2020 2021, c. 2, Sched. 3, s. 1 - 12/04/2021; 2021, c. 4, Sched. 6, s. 80 (6) - 01/06/2021; 2021, c. 25, Sched. 24, s. 1 - 01/01/2022 2022, c. 21, Sched. 9, s. 15 (1, 2) - 28/11/2022 2023, c. 10, Sched. 6, s. 11 - 08/06/2023; 2023, c. 24, Sched. 2, s. 1 - 06/12/2023 2024, c. 18, Sched. 5, s. 1 - 06/06/2024 2025, c. 9, Sched. 7, s. 8 - 05/06/2025; 2025, c. 14, Sched. 10, s. 5 (1-6) - 27/11/2025 2026, c. 8, Sched. 1, s. 8 (1-3) - 02/06/2026; 2026, c. 8, Sched. 7, s. 10 (1-3) - 02/06/2026 Where licence, etc., not to issue 48 Despite the provisions of any other general or special Act, a licence, permit, approval or permission shall not be issued or granted nor any utility or service provided by a utilities distributor or a public or Crown agency in respect of any land, building or structure where the proposed use of the land or the erection or proposed use of the building or structure would be in contravention of section 46 or of an order made under section 47 or of a by-law passed by a planning board under section 34 or 38. R.S.O. 1990, c. P.13, s. 48; 1994, c. 23, s. 28; 2006, c. 23, s. 20. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 28 - 28/03/1995 2006, c. 23, s. 20 - 01/01/2007 Power of entry 49 (1) In this section, “officer” means an officer who has been assigned the responsibility of enforcing section 46, orders of the Minister made under clause 47 (1) (a) or zoning by-laws passed under section 34. Entry and inspection (2) Subject to subsection (3), where an officer believes on reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring. R.S.O. 1990, c. P.13, s. 49 (1, 2). Where warrant required (3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. R.S.O. 1990, c. P.13, s. 49 (3); 1994, c. 2, s. 45 (1). Obstruction (4) No person shall obstruct or attempt to obstruct an officer or a person acting under the officer’s instructions in the exercise of a power under this section. 1994, c. 2, s. 45 (2). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 45 (1, 2) - 14/07/1994 Search warrant 49.1 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that, (a) an offence under section 67 has been committed; and (b) the entry and search will afford evidence relevant to the commission of the offence. 1994, c. 2, s. 46; 1997, c. 24, s. 226 (7). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence. Receipt and removal (3) Anyone who seizes something under a search warrant shall, (a) give a receipt for the thing seized to the person from whom it was seized; and (b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law. Expiry (4) A search warrant shall name the date upon which it expires, which shall be not later than fifteen days after the warrant is issued. Time of execution (5) A search warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise. Other matters (6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section. 1994, c. 2, s. 46. Section Amendments with date in force (d/m/y) 1994, c. 2, s. 46 - 14/07/1994; 1997, c. 24, s. 226 (7) - 17/06/1998 Minister’s order re agreements 49.2 (1) If the Minister has directed the Provincial Land and Development Facilitator or a Deputy Facilitator appointed under subsection 12 (2) of the Ministry of Municipal Affairs and Housing Act to advise, make recommendations or perform any other functions with respect to land, the Minister may, by order, require the owner of the land to enter into one or more agreements with the Minister or with a municipality addressing any matters that the Minister considers necessary for the appropriate development of the land. 2023, c. 10, Sched. 6, s. 12. Notice to municipality (2) If the Minister requires the owner of the land to enter into an agreement with a municipality, the Minister shall inform the municipality in writing of the matters that the agreement must address. 2023, c. 10, Sched. 6, s. 12. Restrictions on use of land (3) Until the owner has entered into all agreements required by the order, no person shall, except as permitted by the order, (a) use the land other than for a purpose for which the land was lawfully used on the day the order was made; (b) erect or locate any building or structure on the land, other than a building or structure for which a permit has been issued under section 8 of the Building Code Act, 1992 on or before the day the order was made and has not been revoked under subsection 8 (10) of that Act; (c) use any buildings or structures on the land not referred to in clause (b) other than for a purpose for which the building or structure was lawfully used on the day the order was made; or (d) place or dump fill on the land, remove topsoil from the land, alter the grade of the land or destroy or injure trees on the land except if failing to do so would result in, (i) danger to the health or safety of any person, (ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or (iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2023, c. 10, Sched. 6, s. 12. Effect of order (4) An agreement required under subsection (1) may require the owner of the land to provide anything or pay for anything in excess of what the owner is required to provide or pay for under this Act, the Development Charges Act, 1997 or any other Act. 2023, c. 10, Sched. 6, s. 12. Same (5) An agreement required under subsection (1) may be registered against the land to which it applies and the Minister or the municipality, as the case may be, is entitled to enforce the provisions of that agreement against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, against any subsequent owners. 2023, c. 10, Sched. 6, s. 12. Non-application of Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2023, c. 10, Sched. 6, s. 12. Section Amendments with date in force (d/m/y) 2023, c. 10, Sched. 6, s. 12 - 08/06/2023 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2024, c. 16, Sched. 12, s. 9) Non-application of 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. 2024, c. 16, Sched. 12, s. 9. 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. 2024, c. 16, Sched. 12, s. 9. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 12, s. 9 - not in force PART VI SUBDIVISION OF LAND Interpretation 50 (1) In this section and in section 53, “consent” means, (a) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality with planning responsibilities, a consent given by the council of the upper-tier municipality, (a.1) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities, a consent given by the council of the lower-tier municipality, (b) where land is situate in a single-tier municipality that is not in a territorial district, a consent given by the council of the single-tier municipality, (c) where land is situate in a prescribed single-tier municipality that is in a territorial district, a consent given by the council of the single-tier municipality, and (d) except as otherwise provided in clauses (a), (b) and (c), a consent given by the Minister. 2002, c. 17, Sched. B, s. 18; 2022, c. 21, Sched. 9, s. 16 (2). Interpretation, “retained land” (1.0.0.1) For the purposes of this section and section 53, a reference to “retained land” refers to the whole of a parcel of land that abuts land that is the subject of a certificate given under subsection 53 (42) allowing the conveyance by way of a deed or transfer with a consent that was given on or after March 31, 1979 and that did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or other transaction. 2021, c. 25, Sched. 24, s. 2 (1). References include delegates (1.0.1) A reference in subsection (1) and in section 53 to the Minister includes a delegate of the Minister under sections 4 and 55 and a reference to a council includes a delegate of a council under section 54. 2002, c. 17, Sched. B, s. 18. Removal of power (1.1) The Minister may by order remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more of the following: 1. One or more applications for a consent or for a certificate of validation specified in the order. 2. Any or all applications for consents or for certificates of validation made after the order is made. 3. One or more applications for a certificate of cancellation specified in the order. 4. Any or all applications for certificates of cancellation made after the order is made. 2021, c. 25, Sched. 24, s. 2 (2); 2022, c. 21, Sched. 9, s. 16 (3). Minister to grant consents, etc. (1.2) If an order is made under subsection (1.1), (a) the Minister has the power of the council to, (i) grant consents or issue certificates of validation in respect of applications to which the order relates, and (ii) issue certificates of cancellation in respect of applications to which the order relates; and (b) the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed. 2021, c. 25, Sched. 24, s. 2 (2). Effect of revocation (1.3) If the Minister revokes the order or part of the order made under subsection (1.1), (a) the power to grant consents or to issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied; and (b) the power to issue certificates of cancellation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied. 2021, c. 25, Sched. 24, s. 2 (2). Delegation (1.4) If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents or to issue certificates of validation or certificates of cancellation and the delegation may be subject to such conditions as the order provides. 2021, c. 25, Sched. 24, s. 2 (2). Effect of revocation (1.5) If the Minister revokes the order or part of the order made under subsection (1.4), (a) the power of the municipal planning authority to grant consents or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; (b) the power of the municipal planning authority to issue certificates of cancellation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; and (c) the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applied and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked. 2021, c. 25, Sched. 24, s. 2 (2). Proviso (2) For the purposes of this section, land shall be deemed and shall always have been deemed not to abut land that is being conveyed or otherwise dealt with if it abuts such land on a horizontal plane only. R.S.O. 1990, c. P.13, s. 50 (2). Mining rights (2.1) For the purposes of this section, land shall be deemed and shall always have been deemed to exclude mining rights in or under land but not mining rights on the land. 1994, c. 23, s. 29 (2). Subdivision control (3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless, (a) the land is described in accordance with and is within a registered plan of subdivision; (a.1) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants; (b) the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than, (i) land that is the whole of one or more lots or blocks within one or more registered plans of subdivision, (ii) land that is within a registered description under the Condominium Act, 1998, or (iii) land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (5) applies to any subsequent conveyance or other transaction; (b.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units; (c) the land or any use of or right therein is being acquired or disposed of by the Crown in right of Canada, the Crown in right of Ontario or by any municipality; (d) the land or any use of or right therein is being acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose; (d.1) the land, (i) is located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006, and for which plans or drawings have been approved under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006, as the case may be, and (ii) is being leased for the purpose of a land lease community home, as defined in subsection 46 (1) of this Act, for a period of not less than 21 years and not more than 49 years; (e) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands and an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose; (f) a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land; (g) the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or (h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act. R.S.O. 1990, c. P.13, s. 50 (3); 1998, c. 15, Sched. E, s. 27 (4-6); 2006, c. 23, s. 21 (1); 2009, c. 12, Sched. K, s. 2 (1); 2015, c. 26, s. 30 (1, 2); 2016, c. 25, Sched. 4, s. 7 (1); 2018, c. 16, s. 8 (7); 2021, c. 25, Sched. 24, s. 2 (3-5); 2022, c. 21, Sched. 9, s. 16 (1, 4). Designation of plans of subdivision not deemed registered (4) The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purposes of subsection (3). R.S.O. 1990, c. P.13, s. 50 (4). Part-lot control (5) If land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey any part of the land other than the whole of any lot or block by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of such part, or mortgage or charge such part, or enter into an agreement of sale and purchase of such part or enter into any agreement that has the effect of granting the use of or right in such part directly or by entitlement to renewal for a period of 21 years or more unless, (a) the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than, (i) land that is the whole of one or more lots or blocks within one or more registered plans of subdivision, (ii) land that is within a registered description under the Condominium Act, 1998, or (iii) land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (3) applies to any subsequent conveyance or other transaction; (a.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units; (a.2) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants; (b) the land or any use of or right therein is being acquired or disposed of by the Crown in right of Canada, the Crown in right of Ontario or by any municipality; (c) the land or any use of or right therein is being acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose; (c.1) the land, (i) is located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006, and for which plans or drawings have been approved under subsection 41 (4) of this Act or subsection 114 (5) of the City of Toronto Act, 2006, as the case may be, and (ii) is being leased for the purpose of a land lease community home, as defined in subsection 46 (1) of this Act, for a period of not less than 21 years and not more than 49 years; (d) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands and an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose; (e) the land that is being conveyed, or otherwise dealt with is the remaining part of a lot or block, the other part of which was acquired by a body that has vested in it the right to acquire land by expropriation; (f) a consent is given to convey, mortgage or charge the land or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land; (g) the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or (h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act. R.S.O. 1990, c. P.13, s. 50 (5); 1998, c. 15, Sched. E, s. 27 (7-9); 2006, c. 23, s. 21 (2); 2009, c. 12, Sched. K, s. 2 (2); 2016, c. 25, Sched. 4, s. 7 (2); 2018, c. 16, s. 8 (8); 2021, c. 25, Sched. 24, s. 2 (6-9); 2022, c. 21, Sched. 9, s. 16 (1, 5). Conveyance of retained land (6) Despite subsections (3) and (5), retained land may be conveyed or otherwise dealt with before the land that is the subject of the consent is dealt with, provided the retained land is conveyed or otherwise dealt with before the consent lapses under subsection 53 (43). 2021, c. 25, Sched. 24, s. 2 (10). Exception re Greenbelt Area, subss. (3) (d.1) and (5) (c.1) (6.1) Clauses (3) (d.1) and (5) (c.1) do not apply in respect of land if any part of the land is in the Greenbelt Area within the meaning of the Greenbelt Act, 2005. 2022, c. 21, Sched. 9, s. 16 (6). Designation of lands not subject to part-lot control (7) Despite subsection (5), the council of a local municipality may by by-law provide that subsection (5) does not apply to land that is within such registered plan or plans of subdivision or parts of them as are designated in the by-law. 1996, c. 4, s. 27 (3). Requirement for approval of by-law (7.1) A by-law passed under subsection (7) does not take effect until it has been approved by the appropriate approval authority for the purpose of sections 51 and 51.1 in respect of the land covered by the by-law. 1996, c. 4, s. 27 (3). Exemption from approval (7.2) An approval under subsection (7.1) is not required if the council that passes a by-law under subsection (7) is authorized to approve plans of subdivision under section 51. 1996, c. 4, s. 27 (3). Expiration of by-law (7.3) A by-law passed under subsection (7) may provide that the by-law expires at the expiration of the time period specified in the by-law and the by-law expires at that time. 1996, c. 4, s. 27 (3). Extension of time period (7.4) The council of a local municipality may, at any time before the expiration of a by-law under subsection (7), amend the by-law to extend the time period specified for the expiration of the by-law and an approval under subsection (7.1) is not required. 1996, c. 4, s. 27 (3). Amendment or repeal (7.5) The council of a local municipality may, without an approval under subsection (7.1), repeal or amend a by-law passed under subsection (7) to delete part of the land described in it and, when the requirements of subsection (28) have been complied with, subsection (5) applies to the land affected by the repeal or amendment. 1996, c. 4, s. 27 (3). Exception (8) Nothing in subsections (3) and (5) prohibits, and subsections (3) and (5) shall be deemed never to have prohibited, the giving back of a mortgage or charge by a purchaser of land to the vendor of the land as part or all of the consideration for the conveyance of the land, provided that the mortgage or charge applies to all of the land described in the conveyance. R.S.O. 1990, c. P.13, s. 50 (8). Part of building or structure (9) Nothing in subsections (3) and (5) prohibits the entering into of an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for any period of years. R.S.O. 1990, c. P.13, s. 50 (9); 2021, c. 25, Sched. 24, s. 2 (11). Same (9.1) For greater certainty, subsection (9) applies to an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for the lifetime of an individual. 2021, c. 25, Sched. 24, s. 2 (12). Exception (10) This section does not apply to an agreement entered into under section 2 of the Drainage Act. R.S.O. 1990, c. P.13, s. 50 (10). Application to ARDD (11) This section does not apply so as to prevent the Agricultural Rehabilitation and Development Directorate of Ontario from conveying or leasing land where the land that is being conveyed or leased comprises all of the land that was acquired by the Directorate under one registered deed or transfer. R.S.O. 1990, c. P.13, s. 50 (11). Exception to application of subss. (3, 5) (12) Where a parcel of land is conveyed by way of a deed or transfer with a consent given under section 53, subsections (3) and (5) of this section do not apply to a subsequent conveyance of, or other transaction involving, the identical parcel of land unless the council or the Minister, as the case may be, in giving the consent, stipulates either that subsection (3) or subsection (5) shall apply to any such subsequent conveyance or transaction. R.S.O. 1990, c. P.13, s. 50 (12). Reference to stipulation (13) Where the council or the Minister stipulates in accordance with subsection (12), the certificate provided for under subsection 53 (42) shall contain a reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been given without the stipulation. R.S.O. 1990, c. P.13, s. 50 (13); 1994, c. 23, s. 29 (5). Effect of contravention (14) Where land is within a registered plan of subdivision or within a registered description under the Condominium Act, 1998 or where land is conveyed, mortgaged or charged with a consent given under section 53 or a predecessor thereof, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on June 25, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that occurred before the registration of the plan of subdivision or description or before the giving of a certificate under subsection 53(42) stating that a consent has been given, as the case may be, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before December 15, 1978. 1994, c. 23, s. 29 (6); 2015, c. 28, Sched. 1, s. 155 (1). Simultaneous conveyances, etc., of abutting lands (15) Where a person conveys land or grants, assigns or exercises a power of appointment in respect of land, or mortgages or charges land, or enters into an agreement of sale and purchase of land, or enters into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more by way of simultaneous conveyances of abutting lands or by way of other simultaneous dealings with abutting lands, the person so conveying or otherwise dealing with the lands shall be deemed for the purposes of subsections (3) and (5) to retain, as the case may be, the fee or the equity of redemption in, or the power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land that is being conveyed or otherwise dealt with but this subsection does not apply to simultaneous conveyances or other simultaneous dealings involving the same parties acting in their same respective capacities. R.S.O. 1990, c. P.13, s. 50 (15). Partial discharges, etc., effect of (16) Where a person gives a partial discharge of a mortgage on land or gives a partial cessation of a charge on land, the person giving the partial discharge or partial cessation shall be deemed to hold the fee in the lands that is then subject to the mortgage or charge and to retain, after the giving of the partial discharge or partial cessation, the fee in the balance of the lands, and for the purposes of this section shall be deemed to convey by way of deed or transfer the land mentioned in the partial discharge or partial cessation. R.S.O. 1990, c. P.13, s. 50 (16); 2020, c. 34, Sched. 20, s. 1 (1). Saving (17) Subsection (16) does not apply to a partial discharge of a mortgage or partial cessation of a charge if the land described in the partial discharge or partial cessation could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section. 2020, c. 34, Sched. 20, s. 1 (2). Foreclosure or exercise of power of sale (18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law unless, (a) all of the land that is then subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale; or (b) all of the land included in the foreclosure or exercise of the power of sale could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section. 2021, c. 25, Sched. 24, s. 2 (13). (18.1) Repealed: 2021, c. 25, Sched. 24, s. 2 (14). Release of interest by joint tenant or tenant in common (19) If two or more persons are joint tenants or tenants in common of a parcel of land while also together holding the fee in any abutting land and one of those tenants releases or conveys their interest in the parcel of land to one or more of the other tenants, the tenant is deemed, for the purposes of subsections (3) and (5), to convey the land by way of a deed or transfer and to retain the fee in the abutting land. 2020, c. 34, Sched. 20, s. 1 (3). Partition orders (20) No order made under the Partition Act for the partition of land shall have any effect in law unless, (a) irrespective of the order, each part of the land described in the order could be conveyed without contravening this section; or (b) a consent is given to the order. R.S.O. 1990, c. P.13, s. 50 (20). Conveyance, etc., contrary to section not to create or convey interest in land (21) An agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with. R.S.O. 1990, c. P.13, s. 50 (21). Exception re prescribed statements (22) Where a deed or transfer, (a) contains a statement by the grantor, verifying that to the best of the grantor’s knowledge and belief the deed or transfer does not contravene this section; (b) contains a statement by the grantor’s solicitor, verifying that, (i) he or she has explained the effect of this section to the grantor, (ii) he or she has made inquiries of the grantor to determine that the deed or transfer does not contravene this section, (iii) based on the information supplied by the grantor, to the best of the solicitor’s knowledge and belief, the deed or transfer does not contravene this section, and (iv) he or she is an Ontario solicitor in good standing; and (c) contains a statement by the grantee’s solicitor, verifying that, (i) he or she has investigated the title to the land and, where relevant, to abutting land, (ii) he or she is satisfied that the record of title to the land and, where relevant, to abutting land, reveals no existing contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that has the effect of preventing the conveyance of any interest in the land, (iii) to the best of his or her knowledge and belief, the deed or transfer does not contravene this section, and (iv) he or she acts independently of the grantor’s solicitor and is an Ontario solicitor in good standing; and (d) is registered under the Land Titles Act or the Registry Act, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day the deed or transfer is registered. R.S.O. 1990, c. P.13, s. 50 (22); 2020, c. 34, Sched. 20, s. 1 (4). Search period re Planning Act (23) For the purposes of the statement referred to in subclause (22) (c) (ii) or otherwise determining compliance with this section, a solicitor is not required to investigate the registered title to the land except with respect to the time since the registration of the most recent deed or transfer affecting the same land and containing the statements referred to in clauses (22) (a), (b) and (c). R.S.O. 1990, c. P.13, s. 50 (23); 2021, c. 25, Sched. 24, s. 2 (15). Exempting orders (24) The Minister may by order designate any part of Ontario as land to which subsection (22) shall not apply after the day a certified copy or duplicate of the order is registered in the proper land registry office in a manner approved by the Director of Land Registration appointed under the Registry Act. R.S.O. 1990, c. P.13, s. 50 (24). Offence (25) Every person who knowingly makes a false statement under subsection (22) is guilty of an offence and on conviction is liable to a fine not exceeding the aggregate of the value of, (a) the land in respect of which the statement is made; and (b) the relevant abutting land, determined as of the day of registration of the deed or transfer containing the false statement. R.S.O. 1990, c. P.13, s. 50 (25). Copy of by-law to be lodged with approval authority (26) A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority. 2006, c. 23, s. 21 (3). When by-law effective (27) A by-law passed under subsection (4) is not effective until the requirements of subsection (28) have been complied with. R.S.O. 1990, c. P.13, s. 50 (27). Registration of by-law (28) A certified copy or duplicate of every by-law passed under this section shall be registered by the clerk of the municipality in the proper land registry office. R.S.O. 1990, c. P.13, s. 50 (28). Notice (29) No notice or hearing is required prior to the passing of a by-law under subsection (4), but the council shall give notice of the passing of any such by-law within thirty days of the passing thereof to each person appearing on the last revised assessment roll to be the owner of land to which the by-law applies, which notice shall be sent to the last known address of each such person. R.S.O. 1990, c. P.13, s. 50 (29).

Hearing by council (30) The council shall hear in person or by an agent any person to whom a notice was sent under subsection (29), who within twenty days of the mailing of the notice gives notice to the clerk of the municipality that the person desires to make representations respecting the amendment or repeal of the by-law. R.S.O. 1990, c. P.13, s. 50 (30). Section Amendments with date in force (d/m/y) 1991, c. 15, s. 41 - 27/06/1991; 1993, c. 26, s. 58 (1, 2) - 02/12/1993; 1994, c. 23, s. 29 (2, 3, 5-7) - 28/03/1995; 1996, c. 4, s. 27 (2-4) - 22/05/1996; 1997, c. 26, Sched. - 01/01/1998; 1998, c. 15, Sched. E, s. 27 (4-10) - 01/04/1999; 1999, c. 12, Sched. M, s. 27 (1-3) - 22/12/1999 2002, c. 17, Sched. B, s. 18 - 01/01/2003 2006, c. 23, s. 21 (1, 2) - 19/10/2006; 2006, c. 23, s. 21 (3) - 01/01/2007 2009, c. 12, Sched. K, s. 2 (1, 2) - 24/09/2009 2015, c. 26, s. 30 (1, 2) - 01/07/2016; 2015, c. 26, s. 30 (3) - no effect - see 2016, c. 25, Sched. 6, s. 1 - 08/12/2016; 2015, c. 28, Sched. 1, s. 155 (1) - 03/12/2015 2016, c. 25, Sched. 4, s. 7 (1, 2) - 08/12/2016 2018, c. 16, s. 8 (7, 8) - 01/06/2019 2020, c. 34, Sched. 20, s. 1 (1-4) - 08/12/2020 2021, c. 25, Sched. 24, s. 2 (1-15) - 01/01/2022 2022, c. 21, Sched. 9, s. 16 (1) - 01/01/2023; 2022, c. 21, Sched. 9, s. 16 (2, 3) - 01/07/2024; 2022, c. 21, Sched. 9, s. 16 (4-6) - 28/11/2022 CTS 6 FE 25 - 1 Division of land by will 50.1 (1) No provision in a will that purports to subdivide land is of any effect to subdivide that land unless, irrespective of that provision, each part of the land divided could be conveyed without contravening section 50. Retroactive effect (2) Subsection (1) applies even though the will was made before the 26th day of July, 1990 unless the person who made the will died on or before that date. Tenants in common (3) If a provision in a will is of no effect to subdivide land under subsection (1), the beneficiaries that would have been entitled to the land if the provision had been effective shall hold the undivided land as tenants in common. 1991, c. 9, s. 1. (4)-(6) Repealed: 1991, c. 9, s. 1. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.13, s. 50.1 (7) - 26/07/1992; 1991, c. 9, s. 1 - 26/07/1990 Plan of subdivision approvals 51 (1), (2) Repealed: 2002, c. 17, Sched. B, s. 19 (1). Minister is approval authority (3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1. 1999, c. 12, Sched. M, s. 28 (1). Deemed approval authority (3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1. 2009, c. 33, Sched. 21, s. 10 (12). Single-tier municipality (4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed. 2002, c. 17, Sched. B, s. 19 (2). Upper-tier municipality with planning responsibilities (5) Subject to subsection (6), if land is in an upper-tier municipality with planning responsibilities, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1. 2022, c. 21, Sched. 9, s. 17 (2). Upper-tier municipality without planning responsibilities (5.1) If land is in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1. 2022, c. 21, Sched. 9, s. 17 (2). Prescribed lower-tier municipality (6) If land is in a prescribed lower-tier municipality, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3). Prescribed single-tier municipality in a territorial district (7) If land is in a prescribed single-tier municipality that is in a territorial district, the municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3). (8)-(10) Repealed: 2002, c. 17, Sched. B, s. 19 (4). Removal of power (11) The Minister may by order remove the power given under subsection (3.1), (4), (5), (5.1), (6) or (7) and the order may be in respect of the applications specified in the order or in respect of any or all applications made after the order is made. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (2); 2002, c. 17, Sched. B, s. 19 (5); 2009, c. 33, Sched. 21, s. 10 (13); 2022, c. 21, Sched. 9, s. 17 (3). Minister to be approval authority (12) If an order is made under subsection (11), the Minister becomes the approval authority in respect of the applications to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the council before the power was removed. 1994, c. 23, s. 30. Revocation (13) If the Minister revokes the order or part of the order made under subsection (11), the council reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applied. 1994, c. 23, s. 30; 2021, c. 25, Sched. 24, s. 3 (1). Delegation (14) If an order is made under subsection (11) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power to approve proposed plans of subdivision which was removed from the council and the municipal planning authority becomes the approval authority in respect of the applications to which the order made under this subsection relates and the delegation may be subject to such conditions as the order provides. 1994, c. 23, s. 30. Effect of revocation (15) If the Minister revokes the order or part of the order made under subsection (14), the Minister reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked. 1994, c. 23, s. 30. Application (16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it. 1994, c. 23, s. 30. Consultation (16.1) The approval authority shall permit applicants to consult with it before submitting applications under subsection (16). 2024, c. 16, Sched. 12, s. 10 (1). Contents (17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing, (a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor; (b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts; (c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part; (d) the purpose for which the proposed lots are to be used; (e) the existing uses of all adjoining lands; (f) the approximate dimensions and layout of the proposed lots; (f.1) if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units; (g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided; (h) the availability and nature of domestic water supplies; (i) the nature and porosity of the soil; (j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided; (k) the municipal services available or to be available to the land proposed to be subdivided; and (l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (3); 2016, c. 25, Sched. 4, s. 8 (1). Other information (18) Subject to the regulations, an approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 22 (2); 2025, c. 9, Sched. 7, s. 9 (1). Refusal and timing (19) Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1, (a) the approval authority may refuse to accept or further consider the application; and (b) the time period referred to in subsection (34) does not begin. 2006, c. 23, s. 22 (2). Information and material prepared by prescribed professionals (19.0.1) The provision of information or material to an approval authority in respect of a requirement under subsection (17) or (18) is deemed to meet the applicable requirement if the information or material is prepared by a person authorized to practise a prescribed profession. 2025, c. 9, Sched. 7, s. 9 (2). Response re completeness of application (19.1) Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the local municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be. 2006, c. 23, s. 22 (2); 2021, c. 25, Sched. 24, s. 3 (2). 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. 2024, c. 16, Sched. 12, s. 10 (2). (19.3) Repealed: 2024, c. 16, Sched. 12, s. 10 (2). Alternative measures (19.3.1) Subject to subsection (19.3.3), if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed plans of subdivision and if the measures are complied with, clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply. 2015, c. 26, s. 31 (1); 2021, c. 25, Sched. 24, s. 3 (3). Same (19.3.2) In the course of preparing the official plan, before including alternative measures described in subsection (19.3.1), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed plans of subdivision to the prescribed persons and public bodies mentioned in clause (19.4) (a). 2015, c. 26, s. 31 (1). Restriction (19.3.3) Subsection (19.3.1) applies only in the case of an application for approval that is made to an approval authority other than the Minister. 2015, c. 26, s. 31 (1). Notice of particulars and public access (19.4) Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that, (a) the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and (b) the information and material provided under subsections (17) and (18) are made available to the public. 2021, c. 25, Sched. 24, s. 3 (4). Exception (19.4.1) Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board. 2021, c. 25, Sched. 24, s. 3 (4). Request by approval authority (19.4.2) An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public. 2021, c. 25, Sched. 24, s. 3 (4). Responsibilities (19.4.3) A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a). 2021, c. 25, Sched. 24, s. 3 (4). Final determination (19.5) The Tribunal’s determination under subsection (19.2) is not subject to appeal or review. 2017, c. 23, Sched. 5, s. 99 (1). (20)-(21.1) Repealed: 2022, c. 21, Sched. 9, s. 17 (4). (21.2) Repealed: 2019, c. 9, Sched. 12, s. 14 (1). Written submissions (22) Any person or public body may make written submissions to the approval authority before the approval authority makes its decision under subsection (31). 1994, c. 23, s. 30. Consultation (23) The approval authority may confer with the persons or public bodies that the approval authority considers may have an interest in the approval of the proposed subdivision. 1994, c. 23, s. 30. Criteria (24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to, (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; (j) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). Conditions (25) The approval authority may impose such conditions to the approval of a plan of subdivision as in the opinion of the approval authority are reasonable, having regard to the nature of the development proposed for the subdivision, including a requirement, (a) that land be dedicated or other requirements met for park or other public recreational purposes under section 51.1; (b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary; (b.1) that such land be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public using highways, as the approval authority considers necessary; (c) when the proposed subdivision abuts on an existing highway, that sufficient land, other than land occupied by buildings or structures, be dedicated to provide for the widening of the highway to such width as the approval authority considers necessary; (d) that the owner of the land proposed to be subdivided enter into one or more agreements with a municipality, or where the land is in territory without municipal organization, with any minister of the Crown in right of Ontario or planning board dealing with such matters as the approval authority may consider necessary, including the provision of municipal or other services; and (e) in the case of an application for approval of a description or an amendment to a description, as referred to in subsection 9 (2) of the Condominium Act, 1998, if the condominium will contain affordable housing units and if a shared facilities agreement will be entered into with respect to the condominium, whether under section 21.1 of that Act or otherwise, that the shared facilities agreement be satisfactory to the approval authority. 1994, c. 23, s. 30; 2005, c. 26, Sched. B, s. 1; 2006, c. 23, s. 22 (5); 2016, c. 25, Sched. 4, s. 8 (3). Same, exception (25.1) With respect to an application made on or after the day a regulation made pursuant to this subsection comes into force, despite subsection (25), the approval authority may not impose conditions respecting any prescribed matters. 2022, c. 12, Sched. 5. s. 9 (1). Agreements (26) A municipality or approval authority, or both, may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreements may be registered against the land to which it applies and the municipality or the approval authority, as the case may be, is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 1994, c. 23, s. 30. Land outside municipalities (27) If the land proposed to be subdivided is located in territory without municipal organization, any minister of the Crown in right of Ontario or planning board may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreement may be registered against the land to which it applies and the minister or the planning board is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of land. 1994, c. 23, s. 30. (28)-(30) Repealed: 1996, c. 4, s. 28 (5). Decision (31) The approval authority may give or refuse to give approval to a draft plan of subdivision. 1994, c. 23, s. 30. 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). 2024, c. 16, Sched. 12, s. 10 (3). 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. 2024, c. 16, Sched. 12, s. 10 (3). Extension (33) The approval authority may extend the approval for a time period specified by the approval authority, but no extension under this subsection is permissible if the approval lapses before the extension is given, even if the approval has been deemed not to have lapsed under subsection (33.1). 2022, c. 12, Sched. 5. s. 9 (2). Deemed not to have lapsed (33.1) If an approval of a plan of subdivision lapses before an extension is given, the approval authority may deem the approval not to have lapsed unless, (a) five or more years have passed since the approval lapsed; (b) the approval has previously been deemed not to have lapsed under this subsection; or (c) an agreement had been entered into for the sale of the land by a description in accordance with the draft approved plan of subdivision. 2022, c. 12, Sched. 5. s. 9 (2). Same (33.2) Before an approval is deemed not to have lapsed under subsection (33.1), the owner of the land proposed to be subdivided shall provide the approval authority with an affidavit or sworn declaration certifying that no agreement had been entered into for the sale of any land by a description in accordance with the draft approved plan of subdivision. 2022, c. 12, Sched. 5. s. 9 (2). Same, new time period (33.3) If an approval authority deems an approval not to have lapsed under subsection (33.1), the approval authority shall provide that the approval lapses at the expiration of the time period specified by the approval authority. 2022, c. 12, Sched. 5. s. 9 (2). 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. 2024, c. 16, Sched. 12, s. 10 (4). 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). 2024, c. 16, Sched. 12, s. 10 (4). Appeal to Tribunal (34) If an application is made for approval of a plan of subdivision and the approval authority fails to make a decision under subsection (31) on it within 120 days after the day the application is received by the approval authority, the applicant may appeal to the Tribunal with respect to the proposed subdivision by filing a notice with the approval authority, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (6); 2004, c. 18, s. 8; 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (2); 2021, c. 4, Sched. 6, s. 80 (1). Consolidated hearing (34.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired. 2021, c. 4, Sched. 6, s. 80 (7). Record (35) An approval authority that receives a notice of appeal under subsection (34) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (7); 2017, c. 23, Sched. 5, s. 99 (2); 2021, c. 25, Sched. 24, s. 3 (7). Exception (35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority is not required to forward the materials described under clause (35) (b) to the Tribunal. 1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (2); 2017, c. 23, Sched. 5, s. 99 (3). Where all appeals withdrawn (35.2) If all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority may proceed to make a decision under subsection (31). 1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (3). Withdrawal (36) If an appeal under subsection (34) is withdrawn, the Tribunal shall notify the approval authority and the approval authority may proceed to make a decision under subsection (31). 1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 80. Notice (37) If the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it in the prescribed manner to, (a) the applicant; (b) each person or public body that made a written request to be notified of the decision; (c) a municipality or a planning board for a planning area in which the land to be subdivided is situated; and (d) any other person or public body that is prescribed. 2015, c. 26, s. 31 (4). Contents (38) The notice under subsection (37) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (38.1) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 31 (4). Written and oral submissions (38.1) Clause (38) (a) applies to, (a) any written submissions relating to the draft plan of subdivision that were made to the approval authority before its decision; and (b) any oral submissions relating to the draft plan of subdivision that were made at a public meeting. 2015, c. 26, s. 31 (4). Exception (38.2) If the notice under subsection (37) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (38) (a) is not required. 2015, c. 26, s. 31 (4). (38) Repealed: 1996, c. 4, s. 28 (9). Appeal (39) Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 2.1 A specified person who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body. 2006, c. 23, s. 22 (8); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (3, 4); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (39.1) Despite subsection (39), there is no appeal in respect of a part of the decision, or a condition, that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (4). Exception re Minister (39.2) Subsection (39.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (4). Notice completed (40) For the purpose of subsections (39) and (49), the giving of written notice shall be deemed to be completed, (a) where notice is given by personal service, on the day that the serving of all required notices is completed; (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by mail, on the day that the mailing of all required notices is completed; and (c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1994, c. 23, s. 30; 2015, c. 26, s. 31 (5). No appeal (41) If no appeal is filed under subsection (39) or (48), subject to any other right of appeal that may be exercised under this section and subject to subsection (44), the decision of the approval authority to give or to refuse to give approval to a draft plan of subdivision shall be deemed to have been made on the day after the last day for appealing the decision. 1994, c. 23, s. 30. Declaration (42) A sworn declaration by an employee of the approval authority that notice was given as required by subsection (37) or (45) or that no notice of appeal was filed under subsection (39) or (48) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1994, c. 23, s. 30. Appeal (43) At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 2.1 A specified person who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any public body. 2006, c. 23, s. 22 (9); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (5); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (43.1) Despite subsection (43), there is no appeal in respect of a condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (5). Exception re Minister (43.2) Subsection (43.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (5). Withdrawal of approval (44) The approval authority may, in its discretion, withdraw the approval of a draft plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision under subsection (58). 1994, c. 23, s. 30. Notice (45) If the approval authority changes the conditions to the approval of a plan of subdivision under subsection (44) after notice has been given under subsection (37), the approval authority shall, within 15 days of its decision, give written notice of the changes in the prescribed manner and containing the information prescribed to, (a) the applicant; (b) Repealed: 1996, c. 4, s. 28 (11). (c) each person or public body that made a written request to be notified of changes to the conditions; (d) a municipality or a planning board for a planning area in which the land to be subdivided is situate; and (e) any other person or public body prescribed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (11); 2000, c. 26, Sched. K, s. 5 (5); 2015, c. 26, s. 31 (6). (46) Repealed: 1996, c. 4, s. 28 (12). No notice (47) An approval authority is not required to give written notice under subsection (45) if, in the opinion of the approval authority, the change to conditions is minor. 1994, c. 23, s. 30. Appeal (48) Any of the following may appeal any of the changed conditions imposed by the approval authority to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions. 2.1 A specified person who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body. 2006, c. 23, s. 22 (10); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (6, 7); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (48.1) Despite subsection (48), there is no appeal in respect of a changed condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (6). Exception re Minister (48.2) Subsection (48.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (6). (48.3) Repealed: 2022, c. 21, Sched. 9, s. 17 (4). Restriction (49) If the person appealing the changed conditions is other than the applicant or a public body, the appeal must be filed not later than 20 days after the day that the giving of written notice under subsection (45) is completed. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (13). Use of dispute resolution techniques (49.1) When a notice of appeal is filed under subsection (39), (43) or (48), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 31 (7). Notice and invitation (49.2) If the approval authority decides to act under subsection (49.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the approval authority considers appropriate, (ii) the applicant, if the applicant is not an appellant, and (iii) any other persons or public bodies that the approval authority considers appropriate. 2015, c. 26, s. 31 (7). Extension of time (49.3) When the approval authority gives a notice under clause (49.2) (a), the 15-day period mentioned in clause (50) (b) and subsections (50.1) and (50.2) is extended to 75 days. 2015, c. 26, s. 31 (7). Participation voluntary (49.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (49.2) (b) is voluntary. 2015, c. 26, s. 31 (7). Record (50) An approval authority that receives a notice of appeal under subsection (39), (43) or (48) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, notice of appeal and the fee are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 99 (4); 2021, c. 25, Sched. 24, s. 3 (8). Exception (50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Tribunal. 1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 99 (5). Deemed decision (50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1999, c. 12, Sched. M, s. 28 (3). Appeals withdrawn (51) If all appeals under subsection (39) or (48) are withdrawn and the time for appealing has expired or if all appeals under subsection (43) are withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82. Hearing (52) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 99 (6). Restriction re adding parties (52.1) Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties: 1. A person or public body who satisfies one of the conditions set out in subsection (52.2). 2. The Minister. 3. The appropriate approval authority. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body. 2006, c. 23, s. 22 (11). Same (52.2) The conditions mentioned in paragraph 1 of subsection (52.1) are: 1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions. 2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party. 2006, c. 23, s. 22 (11); 2017, c. 23, Sched. 5, s. 80. New evidence at hearing (52.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal. 2006, c. 23, s. 22 (11). Same (52.4) When subsection (52.3) applies, the Tribunal may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority’s decision and, if the Tribunal determines that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed. 2019, c. 9, Sched. 12, s. 14 (9). Notice to approval authority (52.5) The Tribunal shall notify the approval authority that it is being given an opportunity to, (a) reconsider its decision in light of the information and material; and (b) make a written recommendation to the Tribunal. 2017, c. 23, Sched. 5, s. 99 (6). Approval authority’s recommendation (52.6) The Tribunal shall have regard to the approval authority’s recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards. 2017, c. 23, Sched. 5, s. 99 (6). Conflict with SPPA (52.7) Subsections (52.1) to (52.6) apply despite the Statutory Powers Procedure Act. 2006, c. 23, s. 22 (11). Dismissal without hearing (53) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without holding a hearing if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give approval to the draft plan of subdivision or determine the question as to the condition appealed to it, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process; (b) Repealed: 2006, c. 23, s. 22 (14). (c) the appellant has not provided written reasons for the appeal; (d) the appellant has not paid the fee charged by the Tribunal; or (e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (14, 15); 2006, c. 23, s. 22 (12-14); 2017, c. 23, Sched. 5, s. 99 (7); 2019, c. 9, Sched. 12, s. 14 (10); 2021, c. 4, Sched. 6, s. 80 (1). Same (53.1) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2017, c. 23, Sched. 5, s. 99 (8). Representation (54) Before dismissing an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (53) (e). 2000, c. 26, Sched. K, s. 5 (6); 2017, c. 23, Sched. 5, s. 80. Dismissal (54.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate. 2017, c. 23, Sched. 5, s. 99 (8). Decision (55) If all appeals under subsection (39), (43) or (48) are dismissed or withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day the last outstanding appeal has been dismissed or withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44). 1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82. Powers (56) On an appeal under subsection (34) or (39), the Tribunal may make any decision that the approval authority could have made on the application and on an appeal under subsection (43) or (48) shall determine the question as to the conditions appealed to it. 2017, c. 23, Sched. 5, s. 99 (8). Final approval (56.1) If, on an appeal under subsection (34) or (39), the Tribunal has given approval to a draft plan of subdivision, the Tribunal may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate. 2017, c. 23, Sched. 5, s. 99 (8).. Change of conditions (56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Tribunal may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority. 1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 80. When draft plan approved (57) When the draft plan is approved, the person seeking to subdivide may proceed to lay down the highways and lots upon the ground in accordance with the Surveys Act and with the Registry Act or the Land Titles Act, as the case may be, and to prepare a plan accordingly certified by an Ontario land surveyor. 1994, c. 23, s. 30. Final approval of plan (58) Upon presentation by the person seeking to subdivide, the approval authority may, if satisfied that the plan is in conformity with the approved draft plan and that the conditions of approval have been or will be fulfilled, approve the plan of subdivision and, once approved, the final plan of subdivision may be tendered for registration. 1994, c. 23, s. 30. Withdrawal of approval (59) If a final plan of subdivision is approved under subsection (58), but is not registered within 30 days of the date of approval, the approval authority may withdraw its approval. 1994, c. 23, s. 30. Duplicates (60) In addition to any requirement under the Registry Act or the Land Titles Act, the person tendering the plan of subdivision for registration shall deposit with the land registrar a duplicate, or when required by the approval authority two duplicates, of the plan of a type approved by the approval authority, and the land registrar shall endorse on it a certificate showing the number of the plan and the date when the plan was registered and shall deliver the duplicate or duplicates to the approval authority. 1994, c. 23, s. 30. Saving (61) The approval of a plan of subdivision does not operate to release any person from doing anything that the person may be required to do by or under the authority of any other Act. 1994, c. 23, s. 30. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 30 - 28/03/1995; 1996, c. 4, s. 28 (5) - 16/11/1995; 1996, c. 4, s. 28 (2-4, 6-15) - 22/05/1996; 1997, c. 31, s. 164 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 1999, c. 12, Sched. M, s. 28 (1, 3) - 22/12/1999 2000, c. 26, Sched. K, s. 5 (5, 6) - 06/12/2000 2001, c. 32, s. 31 (2) - 30/09/2002 2002, c. 17, Sched. B, s. 19 (1-5) - 01/01/2003 2004, c. 18, s. 8 - 30/11/2004 2005, c. 26, Sched. B, s. 1 - 28/04/2006 2006, c. 23, s. 22 (1-16) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (12, 13) - 01/07/2010 2015, c. 26, s. 31 (1-7) - 01/07/2016 2016, c. 25, Sched. 4, s. 8 (1-6) - 08/12/2016 2017, c. 23, Sched. 3, s. 16 - 03/04/2018; 2017, c. 23, Sched. 5, s. 80-82, 99 (1-8) - 03/04/2018 2019, c. 9, Sched. 12, s. 14 (1-10) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 7) - 01/06/2021; 2021, c. 25, Sched. 24, s. 3 (1-8) - 01/01/2022 2022, c.

12, Sched. 5. s. 9 (1, 2) - 14/04/2022; 2022, c. 21, Sched. 9, s. 17 (1, 4) - 28/11/2022; 2022, c. 21, Sched. 9, s. 17 (2, 3) - 01/07/2024 2024, c. 16, Sched. 12, s. 10 (1-4) - 06/06/2024 2025, c. 9, Sched. 7, s. 9 (1, 2) - 05/06/2025 Parkland Definitions 51.1 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 32 (1); 2020, c. 18, Sched. 17, s. 4; 2022, c. 21, Sched. 9, s. 18 (1). Land conveyed or dedicated for parkland (1) Subject to subsection (1.1), the approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes. 1994, c. 23, s. 31; 2022, c. 21, Sched. 9, s. 18 (2). Same, affordable residential units (1.1) With respect to land proposed for a plan of subdivision that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 18 (3). Exception, non-profit housing development (1.2) A condition under subsection (1) may not be imposed in relation to a subdivision proposed for non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. 2022, c. 21, Sched. 9, s. 18 (4). Other criteria (2) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality in which the land is located has a by-law in effect under section 42 that provides for the alternative requirement authorized by subsection 42 (3), the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 600 net residential units proposed or at such lesser rate as may be determined by the municipality. 2022, c. 21, Sched. 9, s. 18 (5). (2.1)-(2.3) Repealed: 2022, c. 21, Sched. 9, s. 18 (5). Conveyance of described land (2.4) If land proposed for a plan of subdivision includes land identified as encumbered land in an order under subsection 42 (4.27), the encumbered land, (a) shall be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under section 42, shall be deemed to count towards any requirement applicable to the plan of subdivision under this section. 2022, c. 12, Sched. 5, s. 10. Payment in lieu (3) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) does not apply, the municipality may require a payment in lieu, to the value of the land otherwise required to be conveyed. 2015, c. 26, s. 32 (2). Same, net residential units (3.0.1) For the purposes of subsection (2) and (3.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the draft plan of subdivision is approved from the number of residential units that are proposed to be on the land proposed to be subdivided. 2022, c. 21, Sched. 9, s. 18 (6). Same, affordable residential units (3.0.2) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act, shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.1). 2022, c. 21, Sched. 9, s. 18 (7). Same (3.1) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, the municipality may require a payment in lieu, calculated by using a rate of one hectare for each 1,000 net residential units proposed or such lesser rate as may be determined by the municipality. 2015, c. 26, s. 32 (2); 2022, c. 21, Sched. 9, s. 18 (8). Transition (3.2) If the draft plan of subdivision is approved on or before the effective date, the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, (a) subsection (3.1) does not apply; and (b) subsection (3), as it reads on the day before the effective date, continues to apply. 2015, c. 26, s. 32 (2). Transition (3.2.1) Subsections (2) and (3.1), as they read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continue to apply to a draft plan of subdivision approved on or before that date, if, (a) the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality; and (b) subsection (2), as it read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies. 2022, c. 21, Sched. 9, s. 18 (9). (3.3) Repealed: 2022, c. 21, Sched. 9, s. 18 (10). Limits on subs. (2) re conveyance percentage (3.4) The amount of land a municipality may require to be conveyed under subsection (2) or the amount of a payment in lieu a municipality may require under subsection (3.1) shall not exceed, (a) if the land included in the plan of subdivision is five hectares or less in area, 10 per cent of the land or the value of the land, as the case may be; or (b) if the land included in the plan of subdivision is greater than five hectares in area, 15 per cent of the land or the value of the land, as the case may be. 2022, c. 12, Sched. 5, s. 10. Transition (3.5) Subsection (3.4) does not apply to a draft plan of subdivision approved before the day subsection 18 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless the land included in the plan of subdivision is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. 2022, c. 21, Sched. 9, s. 18 (11). Determination of value (4) For the purpose of determining the amount of any payment required under subsection (3) or (3.1), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (3). Application (5) Subsections 42 (5) and (12) to (17) apply with necessary modifications to a conveyance of land or a payment of money under this section. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (4); 2019, c. 9, Sched. 12, s. 15 (6). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 31 - 28/03/1995 2015, c. 26, s. 32 (1-4) - 01/07/2016 2019, c. 9, Sched. 12, s. 15 (1-5, 7) - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 9, Sched. 12, s. 15 (6) - 18/09/2020; 2019, c. 15, Sched. 31, s. 4 (1, 2) - no effect - see 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 4 - 18/09/2020 2022, c. 12, Sched. 5, s. 10 - 14/04/2022; 2022, c. 21, Sched. 9, s. 18 (1, 4-6, 8-11) - 28/11/2022; 2022, c. 21, Sched. 9, s. 18 (2, 3, 7) – 01/06/2024 Delegation to committee or officer 51.2 (1) If a council of a municipality is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may by by-law delegate all or any part of the authority to approve plans of subdivision to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (1). Delegation to lower-tier municipality (2) If an upper-tier council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a lower-tier municipality in respect of land situate in the lower-tier municipality. 2002, c. 17, Sched. B, s. 20 (2). Delegation (2.1) Despite subsections 74 (2) and 74.1 (1), an upper-tier council may delegate the authority to approve plans of subdivision under subsection (2) with respect to applications made before March 28, 1995. 2002, c. 17, Sched. B, s. 20 (3). Delegation to planning authority (3) If a council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a municipal planning authority in respect of land situate in the municipal planning area. 1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (4). Further delegation (4) If authority is delegated to a council under subsection (2), the council may in turn by by-law delegate all or any part of the authority to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31. Same (5) If authority is delegated to a municipal planning authority under subsection (3) or subsection 51 (14), the municipal planning authority may in turn by by-law delegate all or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31. Conditions (6) A delegation of authority made by a council or municipal planning authority under this section may be subject to such conditions as the council or municipal planning authority by by-law provides. 1994, c. 23, s. 31. Withdrawal of delegation (7) A council or a municipal planning authority may by by-law withdraw a delegation of authority made by a council or a municipal planning authority under this section and such withdrawal may be either in respect of one or more plans of subdivision specified in the by-law or any or all plans of subdivision in respect of which a final disposition was not made before the withdrawal. 1994, c. 23, s. 31. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 31 - 28/03/1995 2001, c. 9, Sched. J, s. 2 (3) - 29/06/2001 2002, c. 17, Sched. B, s. 20 (1-4) - 01/01/2003 Sale of lands in accordance with unregistered plan prohibited 52 (1) No person shall subdivide and offer for sale, agree to sell or sell land by a description in accordance with an unregistered plan of subdivision, but this subsection does not prohibit any person from offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect of which draft approval has been given under section 51. Definition (2) In subsection (1), “unregistered plan of subdivision” does not include a reference plan of survey under section 150 of the Land Titles Act that complies with the regulations under that Act or a plan deposited under Part II of the Registry Act in accordance with the regulations under that Act. R.S.O. 1990, c. P.13, s. 52. Consents Definition 53 (0.1) In this section, “provisional consent” means a consent given under subsection (1) in respect of which a certificate cannot be issued under subsection (42) because, (a) the 20-day period mentioned in subsection (19) has not elapsed, (b) any appeals under subsection (19) remain outstanding, or (c) conditions have been imposed but have not been fulfilled. 2020, c. 34, Sched. 20, s. 2 (1). Same (1) An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 2021, c. 25, Sched. 24, s. 4 (1). Same (1.1) For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application. 2021, c. 25, Sched. 24, s. 4 (1). Prescribed information (2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material. 1996, c. 4, s. 29 (1). Other information (3) Subject to the regulations, a council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection. 2006, c. 23, s. 23 (1); 2025, c. 9, Sched. 7, s. 10 (1). Refusal and timing (4) Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1, (a) the council or the Minister may refuse to accept or further consider the application for a consent; and (b) the time period referred to in subsection (14) does not begin. 2006, c. 23, s. 23 (1). Information and material prepared by prescribed professionals (4.0.1) The provision of information or material to a council or the Minister in respect of a requirement under subsection (2) or (3) is deemed to meet the applicable requirement if the information or material is prepared by a person authorized to practise a prescribed profession. 2025, c. 9, Sched. 7, s. 10 (2). Motion re dispute (4.1) The applicant, the council or the Minister may make a motion for directions to have the Tribunal determine, (a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or (b) whether a requirement made under subsection (3) is reasonable. 2017, c. 23, Sched. 5, s. 100 (1). Final determination (4.2) The Tribunal’s determination under subsection (4.1) is not subject to appeal or review. 2006, c. 23, s. 23 (1); 2017, c. 23, Sched. 5, s. 80. Amendment to application (4.2.1) An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent. 2021, c. 25, Sched. 24, s. 4 (2). Terms (4.2.2) If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms, (a) requiring the provision of additional information and material in relation to the amendment; and (b) specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of, (i) the date the application was amended, and (ii) if additional information and material was required under clause (a), the date on which all the information and material was provided. 2021, c. 25, Sched. 24, s. 4 (2). Fees (4.2.3) For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be. 2021, c. 25, Sched. 24, s. 4 (2). Other (4.2.4) For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act. 2021, c. 25, Sched. 24, s. 4 (2). Alternative measures (4.3) In the case of an application for consent that is made to a council, if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of applications for consent and if the measures are complied with, (a) subsection (5) does not apply; and (b) subsections (6) and (7) do not apply with respect to notice of the application. 2015, c. 26, s. 33 (1). Same (4.4) Subsection (4.3) also applies in the case of a council or planning board to which the Minister has delegated authority under section 4. 2015, c. 26, s. 33 (1). Same (4.5) In the course of preparing the official plan, before including alternative measures described in subsection (4.3), the council shall consider whether it would be desirable for the measures to allow for notice of the application for consent to the prescribed persons and public bodies mentioned in clause (5) (a). 2015, c. 26, s. 33 (1). Notice (5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that, (a) notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed; and (b) a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed. 1996, c. 4, s. 29 (1). Requirements re public meeting (5.1) If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting. 2021, c. 25, Sched. 24, s. 4 (3). Request by council (6) A council may request that a local municipality having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both. 1996, c. 4, s. 29 (1). Request by Minister (7) The Minister may request that a local municipality or planning board having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both. 1996, c. 4, s. 29 (1). Responsibilities (7.1) A local municipality or planning board that is requested under subsection (6) or (7) to give notice shall ensure that, (a) the notice is given in accordance with clause (5) (a); and (b) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the notice is given. 1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (1). Same (7.2) A local municipality or planning board that is requested under subsection (6) or (7) to hold a public meeting shall ensure that, (a) notice of the meeting is given in accordance with clause (5) (b); (b) the public meeting is held; and (c) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the meeting is held. 1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (2). Written submissions (8) Any person or public body may make written submissions to the council or the Minister before the council or the Minister gives or refuses to give a provisional consent. 1994, c. 23, s. 32. Procedure (9) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed. 1994, c. 23, s. 32. Council to confer (10) A council, in determining whether a provisional consent is to be given, shall confer with the persons or public bodies prescribed. 1994, c. 23, s. 32. Minister may confer (11) The Minister in determining whether a provisional consent is to be given may confer with the persons or public bodies that the Minister considers may have an interest in the application. 1994, c. 23, s. 32. Powers (12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (25.1), (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent. 1994, c. 23, s. 32; 2026, c. 8, Sched. 7, s. 11. Same (12.1) For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land. However, the council or the Minister may impose as a condition to the granting of a provisional consent that land be conveyed to the local municipality or dedicated for park or other public recreational purposes only in respect of the part of a parcel of land that is the subject of the application for consent unless the application for consent includes a request in accordance with subsection (42.1). 2022, c. 21, Sched. 9, s. 19 (1). Parks (13) If, on the giving of a provisional consent, land is required to be conveyed to a municipality for park or other public recreational purposes and the council of the municipality requires a payment in lieu, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given. 1994, c. 23, s. 32; 2015, c. 26, s. 33 (2). Appeal to Tribunal (14) If an application is made for a consent and the council or the Minister fails to make a decision under subsection (1) on the application within 90 days after the day the application is received by the clerk of the municipality or the Minister, the applicant may appeal to the Tribunal with respect to the consent application by filing a notice with the clerk of the municipality or the Minister, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (2); 2004, c. 18, s. 9; 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1). Consolidated hearing (14.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired. 2021, c. 4, Sched. 6, s. 80 (8). Record (15) If the clerk of the municipality or the Minister receives a notice of appeal under subsection (14), the clerk of the municipality or the Minister shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (3); 2017, c. 23, Sched. 5, s. 100 (2); 2021, c. 25, Sched. 24, s. 4 (5). Appeal withdrawn (16) If an appeal under subsection (14) is withdrawn, the Tribunal shall notify the council or Minister and the council or the Minister may proceed to make a decision under subsection (1). 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Exception (16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Tribunal. 1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (3); 2017, c. 23, Sched. 5, s. 100 (3). Where all appeals withdrawn (16.2) If all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the council or the Minister may proceed to make a decision under subsection (1). 1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (4). Notice of decision (17) If the council or the Minister gives or refuses to give a provisional consent, the council or the Minister shall ensure that written notice of it is given in the prescribed manner within 15 days to, (a) the applicant; (b) each person or public body that made a written request to be notified of the decision or conditions; and (c) Repealed: 2021, c. 25, Sched. 24, s. 4 (6). (d) any other person or public body that is prescribed. 2015, c. 26, s. 33 (5); 2021, c. 25, Sched. 24, s. 4 (6). Contents (18) The notice under subsection (17) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.1) had on the decision; and (b) the prescribed information. 2015, c. 26, s. 33 (5). Written and oral submissions (18.1) Clause (18) (a) applies to, (a) any written submissions relating to the application that were made to the council before its decision; and (b) any oral submissions relating to the application that were made at a public meeting. 2015, c. 26, s. 33 (5); 2021, c. 25, Sched. 24, s. 4 (7). Exception (18.2) If the notice under subsection (17) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (18) (a) is not required. 2015, c. 26, s. 33 (5). Appeal (19) The applicant, the Minister, a specified person or any public body may, not later than 20 days after the giving of notice under subsection (17) is completed, appeal the decision or any condition imposed by the council or the Minister or appeal both the decision and any condition to the Tribunal by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (6); 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 19 (2). Transition (19.1) For greater certainty, subsection (19), as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (17) of this section is completed before that day. 2022, c. 21, Sched. 9, s. 19 (3). Same, retroactive effect (19.2) An appeal under subsection (19) made before the day subsection 19 (2)of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (19) of this section as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (19) of this section in respect of the same decision to which the appeal relates. 2022, c. 21, Sched. 9, s. 19 (3). Same, hearing on the merits (19.3) For the purposes of clause (19.2) (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. 2022, c. 21, Sched. 9, s. 19 (3). Same (19.4) 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. 2022, c. 21, Sched. 9, s. 19 (3). Notice completed (20) For the purpose of subsections (19) and (27), the giving of written notice shall be deemed to be completed, (a) where notice is given by personal service, on the day that the serving of all required notices is completed; (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by mail, on the day that the mailing of all required notices is completed; and (c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1994, c. 23, s. 32; 2015, c. 26, s. 33 (6). No appeal (21) If no appeal is filed under subsection (19) or (27), subject to subsection (23), the decision of the council or the Minister, as the case may be, to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32. Declaration (22) A sworn declaration by an employee of the municipality or the Ministry of Municipal Affairs and Housing that notice was given under subsection (17) or (24) or that no notice of appeal was filed under subsection (19) or (27) within the time allowed for appeal is conclusive evidence of the facts stated in it. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (7). Change of conditions (23) The council or the Minister, as the case may be, may change the conditions of a provisional consent at any time before a consent is given. 1994, c. 23, s. 32. Notice (24) If the council or the Minister changes conditions of a provisional consent under subsection (23) after notice has been given under subsection (17), the council or the Minister shall, within 15 days of the decision, give written notice of the changes in the prescribed manner and containing the information prescribed to, (a) the applicant; (b) each person or public body that made a written request to be notified of changes to the conditions; (c) the Minister, with respect to a change of conditions by council, if the Minister has notified the council that he or she wishes to receive a copy of the changes of conditions; and (d) any other person or public body prescribed. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (8); 2015, c. 26, s. 33 (7). (25) Repealed: 1996, c. 4, s. 29 (9). No notice required (26) The council or the Minister, as the case may be, is not required to give written notice under subsection (24) if, in the council’s or the Minister’s opinion, the change to conditions is minor. 2009, c. 33, Sched. 21, s. 10 (14). Appeal (27) The applicant, the Minister, a specified person or any public body may, not later than 20 days after the giving of notice under subsection (24) is completed, appeal any of the changed conditions imposed by the council or the Minister by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (10); 2017, c. 23, Sched. 5, s. 81; 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 19 (4). Transition (27.0.1) For greater certainty, subsection (27), as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (24) of this section is completed before that day. 2022, c. 21, Sched. 9, s. 19 (5). Same, retroactive effect (27.0.2) An appeal under subsection (27) made before the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (27) of this section as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (27) of this section in respect of the changed condition to which the appeal relates. 2022, c. 21, Sched. 9, s. 19 (5). Same, hearing on the merits (27.0.3) For the purposes of clause (27.0.2) (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. 2022, c. 21, Sched. 9, s. 19 (5). Same (27.0.4) 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. 2022, c. 21, Sched. 9, s. 19 (5). Use of dispute resolution techniques (27.1) When a notice of appeal is filed under subsection (19) or (27), the council or the Minister may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 33 (8). Notice and invitation (27.2) If the council or the Minister decides to act under subsection (27.1), (a) the council or Minister shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) the council or Minister shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council or Minister considers appropriate, (ii) the applicant, if the applicant is not an appellant, and (iii) any other persons or public bodies that the council or Minister considers appropriate. 2015, c. 26, s. 33 (8). Extension of time (27.3) When the council or Minister gives a notice under clause (27.2) (a), the 15-day period mentioned in clause (28) (b) and in subsections (29.1) and (29.2) is extended to 75 days. 2015, c. 26, s. 33 (8). Participation voluntary (27.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (27.2) (b) is voluntary. 2015, c. 26, s. 33 (8). Record (28) If the clerk or the Minister, as the case may be, receives a notice of appeal under subsection (19) or (27), the clerk or the Minister shall ensure that, (a) a record is compiled which includes the information and material prescribed; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (19) or (27); and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 100 (4); 2021, c. 25, Sched. 24, s. 4 (8). Appeals withdrawn (29) If all appeals under subsection (19) or (27) are withdrawn and the time for appealing has expired, the Tribunal shall notify the council or the Minister, as the case may be, and subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Exception (29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Tribunal. 1999, c. 12, Sched. M, s. 29; 2017, c. 23, Sched. 5, s. 100 (5). Decision final (29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final. 1999, c. 12, Sched. M, s. 29. Hearing (30) On an appeal, the Tribunal shall hold a hearing, of which notice shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 100 (6). Dismissal without hearing (31) Despite the Statutory Powers Procedure Act and subsection (30), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without holding a hearing if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give the provisional consent or could determine the question as to the condition appealed to it, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process; (b) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council or the Minister before a provisional consent was given or refused and, in the opinion of the Tribunal, the appellant does not provide a reasonable explanation for having failed to make a submission; (c) the appellant has not provided written reasons for the appeal; (d) the appellant has not paid the fee charged by the Tribunal; or (e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2017, c. 23, Sched. 5, s. 100 (6); 2019, c. 9, Sched. 12, s. 16 (3); 2021, c. 4, Sched. 6, s. 80 (1). Representation (32) Before dismissing an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (31) (e). 2000, c. 26, Sched. K, s. 5 (7); 2017, c. 23, Sched. 5, s. 80. Dismissal (32.1) The Tribunal may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate. 2017, c. 23, Sched. 5, s. 100 (6). Decision final (33) If all appeals under subsection (19) or (27) are dismissed or withdrawn, the Tribunal shall notify the council or the Minister and, subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final. 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Powers (34) On an appeal under subsection (14) or (19), the Tribunal may make any decision that the council or the Minister, as the case may be, could have made on the original application and on an appeal of the conditions under subsection (27), the Tribunal shall determine the question as to the condition or conditions appealed to it. 2017, c. 23, Sched. 5, s. 100 (6). Amended application (35) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, at any time before issuing its order, written notice is given to the persons and public bodies prescribed under subsection (10) and to any person or public body conferred with under subsection (11) on the original application. 2017, c. 23, Sched. 5, s. 100 (6). No written notice (35.1) The Tribunal is not required to give written notice under subsection (35) if, in the opinion of the Tribunal, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 100 (6). Notice (36) Any person or public body that receives notice under subsection (35) may, not later than 30 days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be. 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Order (37) If, after the expiry of the time period in subsection (36), no notice of intent has been received, the Tribunal may issue its order. 1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Notice received (38) If a notice of intent under subsection (36) is received, the Tribunal may hold a hearing or resume the hearing on the amended application or issue its order without holding a hearing or resuming the hearing. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (14); 2017, c. 23, Sched. 5, s. 80. Consent (39) If a provisional consent has been given by the Tribunal under subsection (34), the council or the Minister shall give the consent, but if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2017, c. 23, Sched. 5, s. 100 (6); 2021, c. 25, Sched. 24, s. 4 (9). Same (40) If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2021, c. 25, Sched. 24, s. 4 (10). Conditions not fulfilled (41) If conditions have been imposed and the applicant has not, within a period of two years after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of two years from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33). 2021, c. 25, Sched. 24, s. 4 (11). Transition (41.1) For greater certainty, subsection (41), as it reads on and after the day subsection 4 (11) of Schedule 24 to the Supporting Recovery and Competitiveness Act, 2021 comes into force, does not apply with respect to an application that was, before that day, deemed to have been refused under subsection (41), as it read immediately before that day. 2021, c. 25, Sched. 24, s. 4 (11). Certificate (42) When a consent has been given under this section, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant stating that the consent has been given and the certificate is conclusive evidence that the consent was given and that the provisions of this Act leading to the consent have been complied with and that, despite any other provision of this Act, the council or the Minister had jurisdiction to grant the consent and after the certificate has been given no action may be maintained to question the validity of the consent. 1994, c. 23, s. 32. Same, retained land (42.1) If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give the same form of certificate described in subsection (42) to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent, (a) requests that the certificate be given; and (b) provides a registrable legal description of the retained land. 2021, c. 25, Sched. 24, s. 4 (12). Lapse of consent (43) A consent given under this section lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent. 1994, c. 23, s. 32. Where delegation (44) If a land division committee or a committee of adjustment has had delegated to it the authority for the giving of consents, any reference in this section to the clerk of the municipality shall be deemed to be a reference to the secretary-treasurer of the land division committee or committee of adjustment. 1994, c. 23, s. 32. Certificate of cancellation (45) An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply to the council or the Minister, whichever is authorized to give a consent in respect of the land at the time of the application, for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land. 2021, c. 25, Sched. 24, s. 4 (13). Same, deemed delegation (46) A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45). 2021, c. 25, Sched. 24, s. 4 (13). Same, application (47) An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires. 2021, c. 25, Sched. 24, s. 4 (13). Provision of certificate (48) If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant. 2021, c. 25, Sched. 24, s. 4 (13). Cancellation (49) After the registration of a certificate of cancellation referred to in subsection (45), (a) subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and (b) for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent. 2021, c. 25, Sched. 24, s. 4 (13). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 32 - 28/03/1995; 1996, c. 4, s. 29 (1-14) - 22/05/1996; 1999, c. 12, Sched. M, s. 29 - 22/12/1999 2000, c. 26, Sched. K, s. 5 (7) - 06/12/2000 2004, c. 18, s. 9 - 30/11/2004 2006, c. 23, s. 23 (1-4) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (14) - 15/12/2009 2015, c. 26, s. 33 (1-8) - 01/07/2016 2017, c. 23, Sched. 5, s. 80, 81, 100 (1-6) - 03/04/2018 2019, c. 9, Sched. 12, s. 16 (1-3) - 03/09/2019 2020, c. 34, Sched. 20, s. 2 (1, 2) - 08/12/2020 2021, c. 4, Sched. 6, s. 80 (1, 8) - 01/06/2021; 2021, c. 25, Sched. 24, s. 4 (1-13) - 01/01/2022 2022, c. 21, Sched. 9, s. 19 (1-5) - 28/11/2022 2025, c. 9, Sched. 7, s. 10 (1, 2) - 05/06/2025 2026, c. 8, Sched. 7, s. 11 - 02/06/2026 Delegation of authority to give consents 54 (1) The council of an upper-tier municipality may by by-law delegate to the council of a lower-tier municipality the authority for the giving of consents under section 53 in respect of land situate in the lower-tier municipality. 2002, c. 17, Sched. B, s. 21 (1). Delegation (1.1) The council of a county may by by-law delegate to a municipal planning authority the authority for the giving of consents under section 53 in respect of land in a municipal planning area. 1994, c. 23, s. 33 (2). Delegation by lower-tier municipality (2) The council of a lower-tier municipality may, by by-law, delegate the authority for giving consents, or any part of such authority, to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a committee of adjustment if, (a) the lower-tier municipality, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities; or (b) the council of the lower-tier municipality has been delegated the authority under subsection (1). 2022, c. 21, Sched. 9, s. 20.

Included powers (2.1) If council has delegated its authority to give consents under subsection (1), (1.1), (2), (2.3), (4) or (5), that delegation shall be deemed to include the authority to issue certificates of cancellation under subsection 53 (45) and to issue certificates of validation under section 57 in respect of land situate in the lower-tier municipality. 1993, c. 26, s. 61 (1); 1994, c. 23, s. 33 (3); 2002, c. 17, Sched. B, s. 21 (2); 2021, c. 25, Sched. 24, s. 5 (1). Limitation (2.2) Section 53 does not apply in the exercise of authority under subsection (2.1) to issue certificates of validation. 1994, c. 23, s. 33 (4); 2021, c. 25, Sched. 24, s. 5 (2). Further delegation (2.3) If authority is delegated to a municipal planning authority under subsection (1.1) or (5) or subsection 50 (1.4), the municipal planning authority may, in turn, by by-law delegate the authority or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 33 (5). (3) Repealed: 1994, c. 23, s. 33 (6). Delegation to committee of council, etc. (4) Except as delegated under subsection (1) or (1.1), the authority or any part of such authority of the council of an upper-tier municipality may be delegated by the council to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a land division committee. R.S.O. 1990, c. P.13, s. 54 (4); 1994, c. 23, s. 33 (7); 2002, c. 17, Sched. B, s. 21 (3). Delegation, single-tier municipalities (5) The council of a single-tier municipality authorized to give a consent under section 53 may by by-law delegate the authority of the council under section 53 or any part of that authority to a committee of council, to an appointed officer identified in the by-law by name or position occupied, to a municipal planning authority or to the committee of adjustment. 2002, c. 17, Sched. B, s. 21 (4). Committee of adjustment (6) Where, under subsection (2) or (5), a committee of adjustment has had delegated to it the authority to give a consent, section 53 applies with necessary modifications and subsections 45 (4) to (20) do not apply in the exercise of that authority. 1994, c. 23, s. 33 (9). Same (6.1) Where, under subsection (2) or (5), a committee of adjustment has the authority to issue certificates of cancellation under subsection 53 (45) and the authority to issue certificates of validation under section 57, subsections 45 (8) to (8.2) apply in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply. 2021, c. 25, Sched. 24, s. 5 (3). Conditions (7) A delegation of authority made by a council or a municipal planning authority under this section may be subject to such conditions as the council or the municipal planning authority by by-law provides and the council or the municipal planning authority may by by-law withdraw the delegation of authority but, where authority delegated under subsection (1) or (1.1) is withdrawn, all applications for consent, for the issuance of a certificate of validation under section 57 or for the issuance of a certificate of cancellation under subsection 53 (45) made prior to the withdrawal shall continue to be dealt with as if the delegation had not been withdrawn. 1994, c. 23, s. 33 (10); 2021, c. 25, Sched. 24, s. 5 (4). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 61 (1, 3) - 02/12/1993; 1994, c. 23, s. 33 (2-7, 9, 10) - 28/03/1995 2002, c. 17, Sched. B, s. 21 (1-4) - 01/01/2003 2021, c. 25, Sched. 24, s. 5 (1-4) - 01/01/2022 2022, c. 21, Sched. 9, s. 20 - 01/07/2024 District land division committee, delegation 55 (1) The Minister by order may constitute and appoint one or more district land division committees composed of such persons as he or she considers advisable and may by order delegate thereto the authority of the Minister to give consents under section 53, to issue certificates of cancellation under subsection 53 (45) or to issue certificates of validation under section 57 in respect of such lands situate in a territorial district as are defined in the order. R.S.O. 1990, c. P.13, s. 55 (1); 1993, c. 26, s. 62 (1); 2021, c. 25, Sched. 24, s. 6. Conditions and withdrawal of delegation (2) A delegation made by the Minister under subsection (1) may be subject to such conditions as the Minister may by order provide and the Minister may by order withdraw any delegation. R.S.O. 1990, c. P.13, s. 55 (2). Body corporate (2.1) A district land division committee is a body corporate. 1994, c. 23, s. 34 (1). Application of s. 44 (3) Where the Minister has delegated his or her authority to a district land division committee under subsection (1), subsections 44 (5), (6), (7), (8), (10) and (11) apply with necessary modifications. R.S.O. 1990, c. P.13, s. 55 (3). Agreements (4) A district land division committee may enter into agreements imposed as a condition to the giving of a consent in respect of land situate in territory without municipal organization and subsection 51 (26) applies with necessary modifications to any such agreement. R.S.O. 1990, c. P.13, s. 55 (4); 1994, c. 23, s. 34 (2). Remuneration (5) The members of a district land division committee appointed under this section shall be paid such remuneration as is provided for by the order appointing them. R.S.O. 1990, c. P.13, s. 55 (5). Fees (6) A district land division committee may prescribe a tariff of fees for the processing of applications, which shall be designed to meet only the anticipated cost to the committee in respect of the processing of applications. 1993, c. 26, s. 62 (2). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 62 (1, 2) - 02/12/1993; 1994, c. 23, s. 34 (1, 2) - 28/03/1995 2021, c. 25, Sched. 24, s. 6 - 01/01/2022 Land division committee 56 (1) The council of an upper-tier municipality may by by-law constitute and appoint a land division committee composed of such persons, not fewer than three, as the council considers advisable. R.S.O. 1990, c. P.13, s. 56 (1); 2002, c. 17, Sched. B, s. 22. Application of subss. 44 (2-11) (2) Subsections 44 (2) to (11) apply, with necessary modifications, where a land division committee is constituted under subsection (1) of this section. R.S.O. 1990, c. P.13, s. 56 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 22 - 01/01/2003 Validation certificate 57 (1) A council authorized to give a consent under section 53, other than a council authorized to give a consent pursuant to an order under section 4, may issue a certificate of validation in respect of land described in the certificate, providing that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1) (b), as it read on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land. 1993, c. 26, s. 63; 1996, c. 4, s. 30 (1). Limitation (2) A certificate of validation under subsection (1) or an order of the Minister under subsection (3) does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day on which the certificate is issued or order is made. 1993, c. 26, s. 63. Territorial district (3) If the Minister has authority to give consents under section 53, the Minister may by order exercise the powers conferred upon a council by subsection (1) in respect of land in a territorial district. 2002, c. 17, Sched. B, s. 23. Proviso (4) No order shall be made by the Minister under subsection (3) in respect of land situate in a local municipality unless the council of the local municipality in which the land is situate has by by-law requested the Minister to make such order, and the council has the power to pass that by-law. 1993, c. 26, s. 63; 2009, c. 33, Sched. 21, s. 10 (15). Conditions (5) A council may, as a condition to the passage of a by-law under subsection (4), impose such conditions in respect of any land described in the by-law as it considers appropriate. 1993, c. 26, s. 63. Criteria for certificate (6) No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53. 2021, c. 25, Sched. 24, s. 7. (7) Repealed: 2021, c. 25, Sched. 24, s. 7. Conditions (8) A council or the Minister may, as a condition to issuing a certificate of validation or order, impose such conditions in respect of any land described in the certificate or order as it considers appropriate. 1993, c. 26, s. 63. Proviso (9) Nothing in this section derogates from the power a council or the Minister has to grant consents referred to in section 53. 1993, c. 26, s. 63. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 63 - 02/12/1993; 1996, c. 4, s. 30 (1) - 22/05/1996 2002, c. 17, Sched. B, s. 23 - 01/01/2003 2009, c. 33, Sched. 21, s. 10 (15) - 15/12/2009 2021, c. 25, Sched. 24, s. 7 - 01/01/2022 PART VII GENERAL Acquisition of land 58 The Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, applies to the acquisition of land under this Act. 2006, c. 32, Sched. C, s. 47 (12). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 24 - 01/01/2003 2006, c. 32, Sched. C, s. 47 (12) - 01/01/2007 Power to clear, grade, etc., lands acquired 59 When a municipality has acquired or holds lands for any purpose authorized by this Act, the municipality may clear, grade or otherwise prepare the land for the purpose for which it has been acquired or is held. R.S.O. 1990, c. P.13, s. 59. Exchange of lands 60 When a municipality acquires land for any purpose authorized by this Act, the whole or partial consideration therefor may be land then owned by the municipality. R.S.O. 1990, c. P.13, s. 60. Fair hearing 61 Where, in passing a by-law under this Act, a council is required by this Act, by the provisions of an official plan or otherwise by law, to afford any person an opportunity to make representation in respect of the subject-matter of the by-law, the council shall afford such person a fair opportunity to make representation but throughout the course of passing the by-law the council shall be deemed to be performing a legislative and not a judicial function. R.S.O. 1990, c. P.13, s. 61. Not subject to Act 62 (1) An undertaking or Part II.3 project of Hydro One Inc. (as defined in subsection 2 (1) of the Electricity Act, 1998) or Ontario Power Generation Inc. (as defined in subsection 2 (1) of that Act) that has been approved under the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006. 2020, c. 18, Sched. 6, s. 62 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 62 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 23, s. 1 (1)) Exempted projects by transmitters, OPG (1) A project within the meaning of the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if, (a) the project is undertaken by a transmitter in respect of a transmission system, within the meaning of those terms under the Electricity Act, 1998, and, (i) the project is approved under Part II.3 of the Environmental Assessment Act, or (ii) the prescribed requirements for commencing the project under Part II.4 of the Environmental Assessment Act have been satisfied; or (b) the project is undertaken by Ontario Power Generation Inc. and has been approved under Part II.3 of the Environmental Assessment Act. 2021, c. 25, Sched. 23, s. 1 (1). Subsidiaries included (2) For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation. 1998, c. 15, Sched. E, s. 27 (11). Note: On a day to be named by proclamation of the Lieutenant Governor, section 62 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 23, s. 1 (2)) Transition (3) Subsection (1), as it read on the day before the day subsection 1 (1) of Schedule 23 to the Supporting Recovery and Competitiveness Act, 2021 came into force, continues to apply to an undertaking approved under Part II.1 of the Environmental Assessment Act before the day Part II.1 of that Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020. 2021, c. 25, Sched. 23, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 27 (11) - 01/04/1999 2002, c. 1, Sched. C, s. 4 - 27/06/2002 2020, c. 18, Sched. 6, s. 62 (1) - 22/02/2024; 2020, c. 18, Sched. 6, s. 62 (2, 3) - no effect - see 2021, c. 25, Sched. 23, s. 2 - 03/06/2021 2021, c. 25, Sched. 23, s. 1 (1, 2) - not in force Exempt projects, undertakings, etc. 62.0.1 (1) Any project, class of projects, undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if, (a) any of the following applies with respect to the project, class of projects, undertaking or class or undertakings: (i) it is approved under Part II.1 or Part II.3 of the Environmental Assessment Act, (ii) the prescribed requirements for commencing a project under Part II.4 of the Environmental Assessment Act have been satisfied, (iii) it is the subject of an order under section 3.1 of the Environmental Assessment Act or a declaration under section 3.2 of that Act, or (iv) it is exempted from the Environmental Assessment Act by a regulation made under that Act; and (b) a regulation made under clause 70 (h) prescribing the project, class of projects, undertaking or class of undertakings for the purposes of this subsection is in effect. 2020, c. 18, Sched. 6, s. 62 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 62.0.1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 62 (5)) Exempt projects (1) Any project or class of projects within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if, (a) any of the following applies with respect to the project or class of projects: (i) it is approved under Part II.3 of the Environmental Assessment Act, (ii) the prescribed requirements for commencing a project under Part II.4 of the Environmental Assessment Act have been satisfied, (iii) it is the subject of an order under section 3.1 of the Environmental Assessment Act or a declaration under section 3.2 of that Act, or (iv) it is exempted from the Environmental Assessment Act by a regulation made under that Act; and (b) a regulation made under clause 70 (h) prescribing the project or class of projects for the purposes of this subsection is in effect. 2020, c. 18, Sched. 6, s. 62 (5). (2) Repealed: 2020, c. 18, Sched. 6, s. 62 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, section 62.0.1 of the Act is amended by adding the following subsections: (See: 2020, c. 18, Sched. 6, s. 62 (7)) Transition (2) Subsection (1), as it read on the day before the day subsection 62 (5) of Schedule 6 to the COVID-19 Economic Recovery Act, 2020 came into force, continues to apply to an undertaking or class of undertakings that, before the day Part II.1 of the Environmental Assessment Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020, (a) was approved under Part II.1 of the Environmental Assessment Act; (b) was the subject of an order under section 3.1 of the Environmental Assessment Act or of a declaration under section 3.2 of that Act; or (c) was exempted from the Environmental Assessment Act by a regulation made under that Act. 2020, c. 18, Sched. 6, s. 62 (7). Same, regulations (3) For the purposes of the continued application of subsection (1) under subsection (2), (a) the Lieutenant Governor in Council may make regulations prescribing undertakings or classes of undertakings that relate to energy and are referred to in subsection (2); and (b) a regulation made under clause (a) is deemed to be a regulation made under clause 70 (h) for the purposes of the continued application of clause (1) (b). 2020, c. 18, Sched. 6, s. 62 (7). Section Amendments with date in force (d/m/y) 2006, c. 23, s. 24 - 01/01/2007 2020, c. 18, Sched. 6, s. 62 (4, 6) - 22/02/2024; 2020, c. 18, Sched. 6, s. 62 (5, 7) - not in force 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. 2024, c. 16, Sched. 12, s. 11. 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. 2024, c. 16, Sched. 12, s. 11. Exception, Greenbelt Area (3) Subsection (1) does not apply to an undertaking on any land in the Greenbelt Area. 2024, c. 16, Sched. 12, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. K, s. 3 - 24/09/2009 2018, c. 16, s. 8 (9) - 01/06/2019 2024, c. 16, Sched. 12, s. 11 - 06/06/2024 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. 2024, c. 16, Sched. 12, s. 11. 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. 2024, c. 16, Sched. 12, s. 11. 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. 2024, c. 16, Sched. 12, s. 11. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 12, s. 11 - 06/06/2024 Undertakings, training or skills development 62.0.4 (1) Except as otherwise prescribed, an undertaking is not subject to this Act or section 113 or 114 of the City of Toronto Act, 2006 if it entails, (a) the development or redevelopment of a building, structure or part of a building or structure, where, (i) the development or redevelopment is funded in part pursuant to a funding agreement entered into by the Ministry of Labour, Immigration, Training and Skills Development, and (ii) the building, structure or part of the building or structure is to be used for training or skills development purposes agreed to in the funding agreement; or (b) the use of a building, structure or part of a building or structure referred to in clause (a), or the use of the parcel of land on which the building or structure is located, for training or skills development purposes agreed to in the funding agreement. 2025, c. 13, Sched. 6, s. 1. Exception, Greenbelt Area (2) Subsection (1) does not apply to an undertaking on any land in the Greenbelt Area. 2025, c. 13, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 13, Sched. 6, s. 1 - 27/11/2025 Variation of notice requirements 62.1 The Minister, the council of a municipality or a planning board may by agreement with a First Nation vary or waive the prescribed notice requirements to a band in respect of an official plan, a zoning by-law or any application under this Act. 1994, c. 23, s. 37. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 37 - 28/03/1995 Deemed compliance 63 If the Minister, the council of a municipality, a planning board or the Tribunal exercises any authority under this Act, including giving an approval, an exemption from an approval or a consent, the provisions of this Act that relate to or are requirements for the exercise of the authority shall be deemed to have been complied with upon the decision becoming final. 1996, c. 4, s. 32; 1999, c. 12, Sched. M, s. 30; 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 32 - 22/05/1996; 1999, c. 12, Sched. M, s. 30 - 22/12/1999 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 Reporting on planning matters 64 A council of a municipality or planning board, as the case may be, shall, (a) if requested by the Minister, provide such information to the Minister on such planning matters as the Minister may request; and (b) report on the prescribed planning matters in accordance with the regulations. 2022, c. 12, Sched. 5, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 59 (1) - 15/12/2009 2022, c. 12, Sched. 5, s. 11 - 14/04/2022 Discretionary dispute resolution techniques 65 The Minister, the council of a municipality, a local board, a planning board or the Tribunal or their agents shall, if they consider it appropriate, at any time before a decision is made under this Act, use mediation, conciliation or other dispute resolution techniques to attempt to resolve concerns or disputes in respect of any planning application or matter. 1994, c. 23, s. 39; 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 39 - 28/03/1995 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 Effect where authority delegated 66 If the Minister or the council delegates an authority under this Act, including the authority to give an approval, an exemption from an approval or a consent, the exercise of the authority and the decision of the delegate has the same force and effect as if it were the exercise of authority or the decision of the Minister or the council, as the case may be. 1996, c. 4, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 33 - 22/05/1996 Penalty 67 (1) Every person who contravenes section 41, section 46, subsection 49 (4) or section 52 or who contravenes a by-law passed under section 34 or 38 or an order made under section 47 and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $25,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. 1994, c. 2, s. 48. Corporation (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection (1). Order of prohibition (3) Where a conviction is entered under subsection (1), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. R.S.O. 1990, c. P.13, s. 67 (2, 3). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 48 - 14/07/1994 Proceeds of fines 67.1 If an offence has been committed under section 41, 52 or 67 or under a by-law passed under section 34 or 38, and a proceeding in respect of the offence is undertaken by the municipality or planning board and a conviction has been entered, the proceeds of any fine in relation to the offence shall be paid to the treasurer of the municipality or secretary-treasurer of the planning board and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine. 1996, c. 4, s. 34; 1997, c. 24, s. 226 (8). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 34 - 22/05/1996; 1997, c. 24, s. 226 (8) - 17/06/1998 Exception 68 (1) Despite section 53 of the Assessment Act, it is not an offence to disclose the information referred to therein to any employee of a municipality or of a planning board who declares that such information is required in the course of his or her planning duties. R.S.O. 1990, c. P.13, s. 68 (1); 1994, c. 23, s. 41 (1). Offence (2) An employee of a municipality or of a planning board who wilfully discloses or permits to be disclosed the information referred to in subsection (1) to any other person not likewise entitled in the course of his or her duties to acquire or have access to the information is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. P.13, s. 68 (2); 1994, c. 23, s. 41 (2). Exception (3) This section does not prevent disclosure of such information by any person when being examined as a witness in an action or other proceeding in a court or in an arbitration. R.S.O. 1990, c. P.13, s. 68 (3). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 41 (1, 2) - 28/03/1995 Tariff of fees 69 (1) The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff. R.S.O. 1990, c. P.13, s. 69 (1); 1996, c. 4, s. 35 (1). Reduction or waiver of fees (2) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee in processing an application may reduce the amount of or waive the requirement for the payment of a fee in respect of the application where the council, planning board or committee is satisfied that it would be unreasonable to require payment in accordance with the tariff. R.S.O. 1990, c. P.13, s. 69 (2); 1996, c. 4, s. 35 (2). Same (2.1) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee, in processing an application related to development or redevelopment that will include affordable housing units, shall not require the payment of a fee that is greater than the maximum fee prescribed for the type of application being made. 2016, c. 25, Sched. 4, s. 9. Payment under protest: appeal to Tribunal (3) Any person who is required to pay a fee under subsection (1) for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Tribunal against the levying of the fee or the amount of the fee by giving written notice of appeal to the Tribunal within thirty days of payment of the fee. 2017, c. 23, Sched. 5, s. 101. Hearing (4) The Tribunal shall hear an appeal made under subsection (3) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Tribunal determines. 2017, c. 23, Sched. 5, s. 101. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 35 (1-3) - 22/05/1996 2016, c. 25, Sched. 4, s. 9 - 12/04/2018 2017, c. 23, Sched. 5, s. 101 - 03/04/2018 Fees 69.1 (1) The Minister may charge fees for the processing of applications to the Minister in respect of planning matters including the approval of an official plan or official plan amendment. 1993, c. 26, s. 64 ; 1994, c. 23, s. 42. Same (2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1). 1993, c. 26, s. 64. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 64 - 02/12/1993; 1994, c. 23, s. 42 - 28/03/1995 Fees 69.2 (1) If a prescribed municipality fails to adopt a plan and submit it for approval as an official plan, the Minister may charge fees to the municipality for the processing of planning applications by the Minister in respect of land situate in the municipality, including the approval of an official plan or official plan amendment. 1994, c. 23, s. 43; 2002, c. 17, Sched. B, s. 25. Reduction (2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1). 1994, c. 23, s. 43. Proviso (3) Nothing in this section prevents the Minister from charging a fee under section 69.1 in addition to a fee under this section. 1994, c. 23, s. 43. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 43 - 28/03/1995 2002, c. 17, Sched. B, s. 25 - 01/01/2003 General regulations, Lieutenant Governor in Council 70 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing criteria for the purposes of subsection 45 (1.0.1); (b)-(f) Repealed: 1996, c. 4, s. 36. (g) prescribing the form of a warrant and the form in which the information on oath will be taken under section 49.1; (h) for the purposes of section 62.0.1, prescribing a project, class of projects, an undertaking or class of undertakings that relates to energy. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 70 (h) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 62 (9)) (h) for the purposes of section 62.0.1, prescribing a project or class of projects that relates to energy. Note: On a day to be named by proclamation of the Lieutenant Governor, section 70 of the Act is amended by adding the following clause: (See: 2024, c. 16, Sched. 12, s. 12 (1)) (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. (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. (k) for the purposes of subsection 62.0.4 (1), (i) providing that this Act or section 113 or 114 of the City of Toronto Act, 2006, or provisions thereof, apply to an undertaking or class of undertakings described in that subsection, or (ii) setting out restrictions or limitations with respect to the application of this Act or of a provision referred to in subclause (i). 1994, c. 23, s. 44; 1996, c. 4, s. 36; 2006, c. 23, s. 25; 2015, c. 26, s. 34; 2020, c. 18, Sched. 6, s. 62 (8); 2024, c. 16, Sched. 12, s. 12 (2); 2025, c. 13, Sched. 6, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 70 of the Act is amended by adding the following subsection: (See: 2024, c. 16, Sched. 12, s. 12 (3)) (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. 2024, c. 16, Sched. 12, s. 12 (3). 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. 2024, c. 16, Sched. 12, s. 12 (4). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 44 - 28/03/1995; 1996, c. 4, s. 36 - 22/05/1996 2006, c. 23, s. 25 - 01/01/2007 2015, c. 26, s. 34 - 01/07/2016 2020, c. 18, Sched. 6, s. 62 (8) - 22/02/2024; 2020, c. 18, Sched. 6, s. 62 (9) - not in force 2024, c. 16, Sched. 12, s. 12 (1, 3) - not in force; 2024, c. 16, Sched. 12, s. 12 (2, 4) - 06/06/2024 2025, c. 13, Sched. 6, s. 2 - 27/11/2025 General regulations, Minister 70.1 (1) The Minister may make regulations, 1. prescribing forms for the purposes of this Act and providing for their use; 2. prescribing information and material that are to be provided under this Act and the manner in which they are to be provided; 3. prescribing the manner in which any notice is to be given under this Act, including the persons or public bodies to whom it shall be given, the person or public bodies who shall give the notice and the contents of the notice; 4. prescribing the timing requirements for any notice given under any provision of this Act; 5. prescribing information and material that must be included in any record; 6. prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of “provincial plan” in subsection 1 (1); 7. prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3); 8. excluding any board, commission, agency or official from the definition of “public body” under subsection 1 (4); 9. prescribing conditions for the purpose of subsection 8.1 (1); 10. prescribing a term for the purpose of clause 8.1 (3) (a) and qualifications for the purpose of clause 8.1 (3) (b); 11. prescribing eligibility criteria for the purpose of subsection 8.1 (4); 12. prescribing classes for the purpose of clause 8.1 (5) (c); 13. prescribing requirements for the purpose of subsection 8.1 (8); 14. prescribing the methods for determining the number of members from each municipality to be appointed to a municipal planning authority under subsection 14.1 (5); 15. prescribing matters for the purpose of clause 16 (1) (c) and for the purpose of clause 16 (2) (c); Note: On a day to be named by order of the Lieutenant Governor in Council, paragraph 15 of subsection 70.1 (1) of the Act is repealed. (See: 2026, c. 8, Sched. 7, s. 12 (1)) 15.1 prescribing municipalities for the purpose of subsection 16 (4); 15.2 in the case of municipalities prescribed for the purpose of subsection 16 (4), i. governing the time within which each municipality must submit an official plan containing policies that authorize inclusionary zoning for approval by the approval authority, and ii. governing the time within which each municipality must pass one or more by-laws under section 34 to give effect to those policies; 15.3 prescribing provisions and matters relating to the policies described in subsection 16 (4), for the purpose of subsection 16 (7); 15.4 specifying that a by-law passed under section 34 to give effect to policies described in subsection 16 (4) does not apply to development or classes of development specified in the regulation and specifying the circumstances in which the by-law does not apply; 16. prescribing the processes to be followed and the materials to be developed under section 16.1; 17. prescribing local municipalities for the purposes of subsection 17 (13) and municipalities for the purposes of section 69.2; 18. prescribing information and material for the purposes of clauses 17 (15) (a) and (b), public bodies for the purposes of clause 17 (15) (b) and the manner of making information and material available for the purposes of clause 17 (15) (c); 19. prescribing, for the purposes of clauses 17 (17) (a) and (b), clause 22 (6.4) (a), clause 34 (10.7) (a), clauses 34 (13) (a) and (b) and clause 51 (19.4) (a), i. persons and public bodies, ii. the manner of giving notice, and iii. information; 20. prescribing time periods for the purpose of subsections 17 (44.4), 34 (24.4) and 51 (52.4); 20.1 governing the information or material that may be required under subsection 22 (5), 34 (10.2), 41 (3.4), 51 (18) or 53 (3), including specifying information or material that may or may not be required, and providing that such requirements or prohibitions prevail over any requirements in an official plan; 21. prescribing public bodies for the purpose of clause 26 (3) (a); 22. Repealed: 2025, c. 14, Sched. 12, s. 6; 23. prescribing matters for the purpose of subsection 28 (4.0.1); 23.1 prescribing provisions and matters relating to loading or parking facilities, for the purpose of subsection 34 (5.1); 23.2 Repealed: 2024, c. 16, Sched. 12, s. 13 (1); 24. prescribing conditions for the purpose of subsection 34 (16) and limitations for the purpose of subsection 34 (16.1); 24.0.1 governing the provisions of an agreement described in clause 35.2 (2) (i); 24.1 prescribing types of development or redevelopment for the purposes of subsection 37 (4); 24.1.1 prescribing requirements for the purposes of clause 37 (9) (b); 24.1.2 prescribing the percentage referred to in subsection 37 (32) to be applied to the value of land; 24.1.3 prescribing time periods for the purposes of clause 37 (33) (b) and subsections 37 (35) and (39); 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; 25. prescribing rules of procedure for committees of adjustment; 26. prescribing conditions for the purposes of subsection 51 (25.1); 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; 27. requiring that notice be given under subsection 53 (5); 28. prescribing rules of procedure under subsection 53 (9) for councils and their delegates; 29. prescribing persons or public bodies for the purposes of subsection 53 (10); 30. prescribing rules of procedure for district land division committees constituted under section 55; 30.0.1 for the purposes of section 64, i. prescribing the planning matters in respect of which municipalities and planning boards must report and the information about the planning matters that must be included in a report, ii. identifying the persons to whom a report must be provided, iii. specifying the frequency with which reports must be produced and provided, and iv. specifying the format in which a report must be provided; 30.1 for the different types of applications related to development or redevelopment that will include affordable housing units, prescribing a maximum fee that may be charged with respect to each type of application, for the purpose of subsection 69 (2.1); Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 70.1 (1) of the Act is amended by adding the following paragraph: (See: 2026, c. 8, Sched. 7, s. 12 (2)) 30.2 defining any word or expression used in section 1 or 2 of Schedule 1 that is not already defined in this Act. 31. respecting any other matter that this Act refers to as a matter prescribed, specified or determined under the regulations, or as a matter otherwise dealt with by the regulations, other than matters respecting which the Lieutenant Governor in Council has authority to make regulations under sections 70, 70.2 and 70.3. 2006, c. 23, s. 26; 2015, c. 26, s. 35; 2016, c. 25, Sched. 4, s. 10 (1-6); 2019, c. 9, Sched. 12, s. 17 (2-4); 2020, c. 18, Sched. 17, s. 5; 2021, c. 25, Sched. 24, s. 8; 2022, c. 12, Sched. 5, s. 12; 2022, c. 21, Sched. 9, s. 21; 2024, c. 16, Sched. 12, s. 13; 2025, c. 9, Sched. 7, s. 11; 2025, c. 14, Sched. 12, s. 6. Same (2) A regulation made under this section or section 70 may be general or particular in its application. 1994, c. 23, s. 45. Same (3) A regulation made under paragraph 30.1 of subsection (1) may provide that a maximum fee for a particular type of application is nil. 2016, c. 25, Sched. 4, s. 10 (7). Conflict (4) In the event of a conflict between a regulation made under paragraph 23.2 of subsection (1) and a by-law passed by a municipality under paragraph 6 of subsection 34 (1), or a predecessor thereof, the regulation prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect. 2016, c. 25, Sched. 4, s. 10 (8). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 45 - 28/03/1995; 1996, c. 4, s. 37 (1, 2) - 22/05/1996 2002, c. 17, Sched. B, s. 26 - 01/01/2003 2006, c. 23, s. 26 - 01/01/2007 2015, c. 26, s. 35 (1, 2) - 01/07/2016 2016, c. 25, Sched. 4, s. 10 (1-8) - 12/04/2018 2019, c. 9, Sched. 12, s. 17 (1, 5) - no effect - see 2020, c.18, Sched. 17, s.6 - 21/07/2020; 2019, c. 9, Sched. 12, s. 17 (2) - 18/09/2020; 2019, c. 9, Sched. 12, s. 17 (3, 4) - 03/09/2019 2020, c. 18, Sched. 17, s. 5 - 18/09/2020 2021, c. 25, Sched. 24, s. 8 - 01/01/2022 2022, c. 12, Sched. 5, s. 12 - 14/04/2022; 2022, c. 21, Sched. 9, s. 21 - 01/07/2024 2024, c. 16, Sched. 12, s. 13 (1, 2) - 06/06/2024 2025, c. 9, Sched. 7, s. 11 - 05/06/2025; 2025, c. 14, Sched. 10, s. 6 - 27/11/2025 2026, c. 8, Sched. 7, s. 12 (1, 2) - not in force Regulations re development permit system 70.2 (1) The Lieutenant Governor in Council may, by regulation, (a) establish a development permit system that local municipalities may by by-law adopt to control land use development in the municipality; or (b) delegate to local municipalities the power to establish a development permit system upon such conditions as may be set out in the regulation. 1994, c. 23, s. 46. Contents (2) A regulation under subsection (1) may, (a) vary, supplement or override any provision in Part V as necessary to establish a development permit system, including, for greater certainty, providing that there is no appeal in respect of a by-law passed by a municipality to adopt or establish a development permit system; (a.1) vary, supplement or override any municipal by-law passed under Part V as necessary to establish a development permit system; (b) authorize or require a local municipality to pass a by-law to vary, supplement or override a by-law passed under Part V as necessary to establish a development permit system; (c) exempt a municipality which has adopted or established a development permit system from any provision of Part V set out in the regulation; (d) prohibit a municipality which has adopted or established a development permit system from passing a by-law under those provisions of Part V that are specified in the regulation; (e) set out procedures for appealing to the Tribunal in respect of a development permit or a condition in a permit, including prescribing persons or public bodies that may appeal to the Tribunal in that regard; (f) prescribe policies that must be contained in an official plan before a development permit system may be adopted or established; (g) prescribe conditions or criteria that must be met before a municipality passes a by-law adopting or establishing a development permit system; (h) prescribe conditions or criteria that must be met before a development permit may be issued or that must be included in a development permit; (i) prescribe powers that the municipality may exercise in administering a development permit system; (j) limit or restrict the manner in which municipalities may exercise the power to issue development permits or pass by-laws adopting or establishing a development permit system; (k) establish different standards or procedures for different municipalities or classes of municipalities; (l) authorize the municipalities to appoint employees to carry out the duties required under the development permit system and delegate to them the powers necessary to carry out these duties; (m) require any owner of land, upon the request of the municipality, to enter into agreements with the municipality as a condition to obtaining a development permit; (n) revoke any provision in a development permit by-law or any condition in a development permit in respect of any defined area and set out other provisions or conditions that apply in respect of that area; (o) prescribe provisions that must be contained in a development permit system; (p) exempt any development or class of development, any municipality or class of municipality or any areas from a development permit area or a development permit by-law; (q) provide for transitional matters that may be necessary to implement a development permit system or to cease using a development permit system. 1994, c. 23, s. 46; 2015, c. 26, s. 36 (1); 2017, c. 23, Sched. 5, s. 102; 2019, c. 9, Sched. 12, s. 18. Same, five-year period (2.1) A regulation under subsection (1) may, (a) provide that when a by-law adopting or establishing a development permit system is passed, no person or public body shall apply to amend the relevant official plan with respect to policies prescribed under clause (2) (f) before the fifth anniversary of the day the by-law is passed; (b) provide that no person or public body shall apply to amend a by-law adopting or establishing a development permit system before the fifth anniversary of the day the by-law is passed; (c) provide that a prohibition provided under clause (a) or (b) does not apply in respect of an application if the council has declared by resolution that such an application is permitted. 2015, c. 26, s. 36 (2). Same (3) A regulation under this section may be general or particular in its application and may be restricted to those municipalities set out in the regulation. 1994, c. 23, s. 46. Conflicts (4) A regulation made under this section prevails over the provisions of any other Act that are specified in the regulation. 1994, c. 23, s. 46. Registration of agreement (5) An agreement entered into under clause (2) (m) may be registered against the land to which it applies and the municipality may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 1994, c. 23, s. 46; 2006, c. 23, s. 27. Deemed conformity with official plan (6) If a development permit by-law is passed under this section by the council of a municipality in which an official plan is in effect, subsection 24 (4) applies to the by-law in the same manner as if it were a by-law passed under section 34. 1994, c. 23, s. 46.

Conformity with upper tier plans (7) If an approval authority has approved an official plan adopted by an upper-tier municipality, every development permit by-law that is then in effect in the area affected by the plan shall be amended to conform with the plan and subsections 27 (2) to (4) apply, with necessary modifications, to the amendment. 1994, c. 23, s. 46; 2002, c. 17, Sched. B, s. 27. Offence (8) Every person who contravenes a development permit by-law passed under this section or the conditions of a development permit is guilty of an offence and on conviction is liable to the fines set out in section 67 and section 67 applies to the offence. 1994, c. 23, s. 46. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 46 - 28/03/1995 2002, c. 17, Sched. B, s. 27 - 01/01/2003 2006, c. 23, s. 27 - 01/01/2007 2015, c. 26, s. 36 (1, 2) - 01/07/2016 2017, c. 23, Sched. 5, s. 102 - 03/04/2018 2019, c. 9, Sched. 12, s. 18 - 03/09/2019 Use of alternate terminology 70.2.1 (1) A regulation made under subsection 70.2 (1), an order made under section 70.2.2 or a by-law passed under section 70.2 or 70.2.2 may refer to development permits as community planning permits. 2015, c. 26, s. 37. Same (2) When a regulation, order or by-law refers to development permits as community planning permits, as described in subsection (1), (a) the effect of the regulation, order or by-law is the same for all purposes as if the expression “development permit” were used; and (b) a permit that is referred to as a community planning permit is a development permit for all purposes. 2015, c. 26, s. 37. Same (3) Subsections (1) and (2) also apply with respect to combined expressions such as “development permit system” and “development permit by-law”. 2015, c. 26, s. 37. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 37 - 01/07/2016 Orders re development permit system 70.2.2 (1) The Minister may, by order, require a local municipality to adopt or establish a development permit system that applies to, (a) the area specified in the order, in the case of an order that delineates the area’s boundaries; or (b) an area surrounding and including a specified location, in the case of an order that does not delineate the area’s boundaries. 2019, c. 9, Sched. 12, s. 19. Non-application of Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2019, c. 9, Sched. 12, s. 19. Effect of order under cl. (1) (a) (3) When an order made under clause (1) (a) is in effect, the local municipality shall, within the time period, if any, specified in the order, adopt or establish a development permit system in respect of the area referred to in clause (1) (a). 2019, c. 9, Sched. 12, s. 19. Effect of order under cl. (1) (b) (4) When an order made under clause (1) (b) is in effect, the local municipality shall, within the time period, if any, specified in the order, adopt or establish a development permit system in respect of, (a) the specified location referred to in clause (1) (b); and (b) an area surrounding the specified location referred to in clause (1) (b). 2019, c. 9, Sched. 12, s. 19. Determination of boundaries (5) For the purposes of clause (4) (b), the local municipality has discretion to determine the boundaries of the area that is to be governed by the development permit system. 2019, c. 9, Sched. 12, s. 19. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 37 - 01/07/2016 2019, c. 9, Sched. 12, s. 19 - 03/09/2019 70.3 Repealed: 2024, c. 16, Sched. 12, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 47 - 28/03/1995; 1996, c. 4, s. 38 - 22/05/1996 2015, c. 28, Sched. 1, s. 155 (2) - 03/12/2015 2024, c. 16, Sched. 12, s. 14 - 06/06/2024 Regulations re surety bonds and other instruments 70.3.1 (1) The Minister may make regulations, (a) prescribing and defining surety bonds and prescribing and further defining other instruments for the purposes of this section; (b) authorizing owners of land, and applicants for approvals in respect of land use planning matters, to stipulate the specified types of surety bond or other instrument to be used to secure an obligation imposed by the municipality, if the municipality requires the obligation to be secured as a condition to an approval in connection with land use planning, and specifying any particular circumstances in which the authority can be exercised. 2022, c. 12, Sched. 5, s. 13. Definition (2) In this section, “other instrument” means an instrument that secures the performance of an obligation. 2022, c. 12, Sched. 5, s. 13. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 5, s. 13 - 11/10/2024 Regulations re transitional and other matters, 2004 amendments 70.4 (1) The Minister may make regulations, (a) providing for transitional matters respecting matters and proceedings that were commenced before or after the Strong Communities (Planning Amendment) Act, 2004 came into force; (b) modifying or replacing all or any part of the definition of “area of settlement” in subsection 1 (1). 2004, c. 18, s. 10. Same (2) Without limiting clause (1) (a), a regulation under that clause may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day immediately before the Strong Communities (Planning Amendment) Act, 2004 came into force and which matters and proceedings must be continued and disposed of under this Act as it read on the day the Strong Communities (Planning Amendment) Act, 2004 came into force; (b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation. 2004, c. 18, s. 10. Retroactive (3) A regulation under this section may be retroactive to December 15, 2003. 2004, c. 18, s. 10. Scope (4) A regulation under this section may be general or particular in its application. 2004, c. 18, s. 10. Conflict (5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation. 2004, c. 18, s. 10. Section Amendments with date in force (d/m/y) 2004, c. 18, s. 10 - 15/12/2003 Regulations re transitional and other matters, 2006 amendments 70.5 (1) The Minister may make regulations, (a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date; (b) modifying or replacing all or any part of the definition of “area of employment” in subsection 1 (1). 2006, c. 23, s. 28. Same (2) A regulation under clause (1) (a) may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date; (b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation. 2006, c. 23, s. 28. Retroactive (3) A regulation under clause (1) (a) may be retroactive to December 12, 2005. 2006, c. 23, s. 28. Scope (4) A regulation under this section may be general or particular in its application. 2006, c. 23, s. 28. Conflict (5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation. 2006, c. 23, s. 28. Definition (6) In this section, “effective date” means the date on which section 28 of the Planning and Conservation Land Statute Law Amendment Act, 2006 comes into force. 2006, c. 23, s. 28. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 28 - 01/01/2007 Regulations re transitional matters, 2015 amendments 70.6 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date. 2015, c. 26, s. 38. Same (2) A regulation under subsection (1) may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it read on the effective date; (b) for the purpose of that subsection, deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation. 2015, c. 26, s. 38. Conflict (3) A regulation under subsection (1) prevails over any provision of this Act specifically mentioned in the regulation. 2015, c. 26, s. 38. Definition (4) In this section, “effective date” means the date on which section 38 of the Smart Growth for Our Communities Act, 2015 comes into force. 2015, c. 26, s. 38. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 38 - 01/07/2016 Regulations re transitional matters, 2016 amendments 70.7 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date. 2016, c. 25, Sched. 4, s. 11. Same (2) A regulation made under this section may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it read on the effective date; (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2016, c. 25, Sched. 4, s. 11. Retroactive (3) A regulation made under this section may be retroactive to September 14, 2016. 2016, c. 25, Sched. 4, s. 11. Conflict (4) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2016, c. 25, Sched. 4, s. 11. Definition (5) In this section, “effective date” means the date on which section 4 of Schedule 4 to the Promoting Affordable Housing Act, 2016 comes into force. 2016, c. 25, Sched. 4, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 4, s. 11 - 12/04/2018 Regulations re transitional matters, 2017 amendments 70.8 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date. 2017, c. 23, Sched. 3, s. 17. Same (2) A regulation made under this section may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it read on the effective date; (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2017, c. 23, Sched. 3, s. 17. Same (3) If a regulation under this section provides for a matter or proceeding to be continued and disposed of in accordance with this Act as it read on the effective date where the notice of appeal was filed after the day on which the Building Better Communities and Conserving Watersheds Act, 2017 receives Royal Assent but before the effective date, the regulation may also, (a) deem that the appeal was not made; (b) require the Tribunal to give a notice to an appellant, specifying the period of time during which a new notice of appeal may be provided to the Tribunal; (c) require the appellant to provide a new notice of appeal to the Tribunal within the period of time specified by the Tribunal; (d) deem an appeal to have been dismissed where the new notice of appeal was not received within the period of time specified in the notice; (e) provide that specified provisions of the Act do not apply to matters and proceedings for a period of time specified in the regulations; (f), (g) Repealed: 2021, c. 4, Sched. 6, s. 80 (9). 2017, c. 23, Sched. 3, s. 17; 2021, c. 4, Sched. 6, s. 80 (9). Conflict (4) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2017, c. 23, Sched. 3, s. 17. Definition (5) In this section, “effective date” means the date on which section 17 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force. 2017, c. 23, Sched. 3, s. 17. Conflict (6) No cause of action arises as a direct or indirect result of, (a) the enactment of this section; (b) the making or revocation of any provision of a regulation made under this section; or (c) anything done or not done in accordance with this section or a regulation made under it. 2017, c. 23, Sched. 3, s. 17. No remedy (7) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in subsection (6). 2017, c. 23, Sched. 3, s. 17. Proceedings barred (8) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in subsection (6) may be brought or maintained against any person. 2017, c. 23, Sched. 3, s. 17. Same (9) Subsection (8) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act. 2017, c. 23, Sched. 3, s. 17. Proceedings set aside (10) Any proceeding referred to in subsection (8) commenced before the day section 17 of Schedule 3 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force shall be deemed to have been dismissed, without costs, on the day that provision comes into force. 2017, c. 23, Sched. 3, s. 17. No expropriation or injurious affection (11) Nothing done or not done in accordance with this Act or the regulations made under it constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2017, c. 23, Sched. 3, s. 17. Person defined (12) In this section. “person” includes the Crown and its employees and agents, members of the Executive Council and municipalities and their employees and agents. 2017, c. 23, Sched. 3, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 3, s. 17 - 03/04/2018 2021, c. 4, Sched. 6, s. 80 (9) - 01/06/2021 Regulations re transitional matters, 2018 amendments 70.9 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by the Green Energy Repeal Act, 2018. 2018, c. 16, s. 8 (10). Same (2) A regulation made under subsection (1) may, without limitation, provide that, despite its repeal by subsection 8 (9) of the Green Energy Repeal Act, 2018, section 62.0.2 of this Act as it reads immediately before its repeal applies, for a specified period of time and with necessary modifications, to specified renewable energy undertakings or specified classes of renewable energy undertakings or in specified circumstances. 2018, c. 16, s. 8 (10). Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2018, c. 16, s. 8 (10). Retroactive effect (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2018, c. 16, s. 8 (10). No cause of action (5) No cause of action arises as a direct or indirect result of, (a) the repeal of section 62.0.2; (b) the making or revocation of any provision of a regulation made under this section; (c) anything done or not done under this section or a regulation made under it; or (d) any by-law or order that applies to any person as a direct or indirect result of anything referred to in clauses (a) to (c). 2018, c. 16, s. 8 (10). No remedy (6) No costs, compensation, other than any compensation provided for under a regulation under subsection (1), or damages 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, is available to any person in connection with anything referred to in subsection (5). 2018, c. 16, s. 8 (10). Proceedings barred (7) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, that is directly or indirectly based on or related to anything referred to in subsection (5) may be brought or maintained against any person. 2018, c. 16, s. 8 (10). Application (8) Subsection (7) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada. 2018, c. 16, s. 8 (10). Retrospective effect (9) Subsections (7) and (8) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force. 2018, c. 16, s. 8 (10). Proceedings set aside (10) Any proceeding referred to in subsection (7) or (8) that is commenced before the day subsection 8 (10) of the Green Energy Repeal Act, 2018 comes into force is deemed to have been dismissed, without costs, on the day that provision comes into force. 2018, c. 16, s. 8 (10). No expropriation or injurious affection (11) Nothing referred to in subsection (5) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2018, c. 16, s. 8 (10). Person defined (12) In this section, “person” includes the Crown and its employees and agents, members of the Executive Council and municipalities and their employees and agents. 2018, c. 16, s. 8 (10). Section Amendments with date in force (d/m/y) 2018, c. 16,- s. 8 (10) - 01/06/2019 Regulations re transitional matters, 2019 amendments 70.10 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before, on or after the effective date. 2019, c. 9, Sched. 12, s. 20. Same (2) A regulation made under this section may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it reads on and after the effective date; (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2019, c. 9, Sched. 12, s. 20. Same (3) If a regulation under this section provides for a matter or proceeding to be continued and disposed of under this Act, as it reads on and after the effective date, where the notice of appeal was filed under subsection 17 (24) or (36), 22 (7) or 34 (11) or (19) before the effective date, the regulation may also, (a) require the Tribunal to give a notice to an appellant, specifying the period of time during which a new notice of appeal may be provided to the Tribunal; (b) require the appellant to provide a new notice of appeal to the Tribunal within the period of time specified by the Tribunal in the notice required under clause (a); (c) deem an appeal to have been dismissed where the new notice of appeal was not received within the period of time specified by the Tribunal in the notice required under clause (a); (d) Repealed: 2021, c. 4, Sched. 6, s. 80 (10). 2019, c. 9, Sched. 12, s. 20; 2021, c. 4, Sched. 6, s. 80 (10). Conflict (4) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2019, c. 9, Sched. 12, s. 20. Definition (5) In this section, “effective date” means the day section 20 of Schedule 12 to the More Homes, More Choice Act, 2019 comes into force. 2019, c. 9, Sched. 12, s. 20. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 12, s. 20 - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (10) - 01/06/2021 Regulations re periods of time during emergency 70.11 (1) The Minister may make regulations, (a) governing the application of periods of time described in provisions of this Act or the regulations or in section 114 of the City of Toronto Act, 2006 during the period of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act, including, (i) providing that the period of the emergency shall not be included for the purposes of counting a period of time, (ii) providing that a period of time that ended on or after the day the emergency was declared and before the day a regulation made under this clause is filed is deemed not to have ended, and prescribing such rules as are necessary or advisable to address any issues that arise as a result of the period of time being deemed not to have ended, including, (A) requiring or permitting any persons or public bodies to take certain steps or actions, or (B) deeming an appeal of the failure or neglect of a municipal council or other decision-maker to make a decision or give notice of a decision within the period of time not to have been made; (b) providing that a by-law passed under a provision to which a regulation under clause (a) applies and that is in effect at the time an emergency is declared under section 7.0.1 of the Emergency Management and Civil Protection Act is deemed to remain in effect for a specified period of time after the by-law would otherwise expire, which period of time shall not exceed the total number of days of the emergency; (c) providing that any order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act on or after a regulation made under this clause is filed does not apply with respect to this Act or the regulations or section 114 of the City of Toronto Act, 2006; (d) providing that an order, or part of an order, made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act before a regulation made under this clause is filed does not apply and is deemed to have never applied with respect to this Act or the regulations or section 114 of the City of Toronto Act, 2006, and prescribing such rules as are necessary or advisable to address any issues that arise as a result of the order, or part of the order, being deemed to have never applied, including requiring or permitting any persons or public bodies to take certain steps or actions. 2020, c. 6, Sched. 4, s. 1. Rules under subs. (1) (d) (2) The rules set out in a regulation made under clause (1) (d) may provide that a provision of this Act or the regulations or section 114 of the City of Toronto Act applies with such modifications as may be specified. 2020, c. 6, Sched. 4, s. 1. Conflict with Emergency Management and Civil Protection Act (3) A regulation made under this section may provide that it applies despite the Emergency Management and Civil Protection Act or any provision of that Act. 2020, c. 6, Sched. 4, s. 1. Retroactivity (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2020, c. 6, Sched. 4, s. 1. Interpretation, period of an emergency (5) For greater certainty, a reference in this section to the period of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act shall be read as including any extension of the emergency under section 7.0.7 of that Act. 2020, c. 6, Sched. 4, s. 1. Conflict (6) For greater certainty, in the event of a conflict between a regulation made under this section and a provision of this Act or of another regulation made under this Act, whether made by the Minister or the Lieutenant Governor in Council, or section 114 of the City of Toronto Act, 2006, the regulation made under this section prevails. 2020, c. 6, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 6, Sched. 4, s. 1 - 14/04/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 21, Sched. 9, s. 22) Regulations re transitional matters, 2022 amendments 70.12 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before, on or after the effective date. 2022, c. 21, Sched. 9, s. 22. Same (2) Without limiting the generality of subsection (1), a regulation made under that subsection may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it reads on and after the effective date; (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2022, c. 21, Sched. 9, s. 22. Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2022, c. 21, Sched. 9, s. 22. Definition (4) In this section, “effective date” means the day section 22 of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 9, s. 22. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 9, s. 22 - not in force Transition, upper-tier municipalities without planning responsibilities 70.13 (1) In this section, “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 Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “effective date” in subsection 70.13 (1) of the Act is amended by adding the following clause: (See: 2026, c. 8, Sched. 7, s. 13 (1)) (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 1 (1) of Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act, 2026 comes into force, Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “effective date” in subsection 70.13 (1) of the Act is amended by adding the following clause: (See: 2026, c. 8, Sched. 7, s. 13 (2)) (a.1.1) in respect of an upper-tier municipality referred to in paragraph 0.1.1 of the definition of “upper tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 1 (2) of Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act, 2026 comes into force, Note: On a day to be named by order of the Lieutenant Governor in Council, the definition of “effective date” in subsection 70.13 (1) of the Act is amended by adding the following clause: (See: 2026, c. 8, Sched. 7, s. 13 (3)) (a.1.2) in respect of an upper-tier municipality referred to in paragraph 0.1.2 of the definition of “upper tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 1 (3) of Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act, 2026 comes into force, (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, (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, (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, (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. 2022, c. 21, Sched. 9, s. 23; 2024, c. 16, Sched. 12, s. 15 (1, 3-5). Upper-tier official plans (2) The portions of an official plan of an upper-tier municipality without planning responsibilities that are in effect immediately before the effective date and that apply in respect of any area in a lower-tier municipality are deemed to constitute an official plan of the lower-tier municipality, and this official plan remains in effect until the lower-tier municipality revokes it or amends it to provide otherwise. 2022, c. 21, Sched. 9, s. 23. Official plans or amendments not yet in force (3) If an upper-tier municipality without planning responsibilities has adopted an official plan or an amendment to its official plan and that official plan or amendment is not yet in force on the effective date, the following rules apply: 1. The plan or amendment shall be dealt with under this Act as it reads on and after the effective date. 2. If any portion of the plan or amendment applies in respect of an area in a lower-tier municipality, the lower-tier municipality is deemed to have adopted that portion of the plan or amendment. 3. Despite paragraphs 1 and 2, the upper-tier municipality remains responsible for doing any of the following, if it hasn’t been done before the effective date: i. Giving notice under subsection 17 (23). ii. Compiling and forwarding the record under subsection 17 (31), if the plan or amendment is not exempt from approval. 4. Despite paragraphs 1 and 2, the clerk of the upper-tier municipality remains responsible for compiling and forwarding the record under subsection 17 (29), if the plan or amendment is exempt from approval and a notice of appeal under subsection 17 (24) is filed before the effective date. 2022, c. 21, Sched. 9, s. 23. Official plans and amendments in process (4) If an upper-tier municipality without planning responsibilities has commenced procedures to adopt an official plan or an amendment to its official plan and that official plan or amendment has not been adopted on the effective date, any lower-tier municipality to which the plan or amendment would apply may continue with the procedures necessary to adopt the official plan or amendment to the extent that it applies to the lower-tier municipality. 2022, c. 21, Sched. 9, s. 23. Requests for amendments to official plan (5) If a request to amend the official plan of an upper-tier municipality without planning responsibilities has been made before the effective date and the request has not been finally disposed of by that date, every lower-tier municipality to which the amendment would apply may continue with the procedures necessary to dispose of the request for amendment to the extent that the amendment applies to the lower-tier municipality. 2022, c. 21, Sched. 9, s. 23. Forwarding of papers and other documents (6) The upper-tier municipality without planning responsibilities shall forward to the applicable lower-tier municipality all papers, plans, documents and other material that relate to any official plan, amendment or request under subsection (4) or (5). 2022, c. 21, Sched. 9, s. 23. Conflict (7) In the event of a conflict, the portions of an official plan of an upper-tier municipality without planning responsibilities that are deemed under subsection (2) to constitute an official plan of the lower-tier municipality and an official plan or an amendment to an official plan that the lower-tier municipality is deemed to have adopted under subsection (3) prevail over an official plan of a lower-tier municipality that existed before the effective date. 2022, c. 21, Sched. 9, s. 23. Plans of subdivision (8) If an application for approval of a plan of subdivision has been made to an upper-tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper-tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed plan of subdivision. 2022, c. 21, Sched. 9, s. 23. Consents (9) If an application for a consent has been made to an upper-tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper-tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed consent. 2022, c. 21, Sched. 9, s. 23. Regulations (10) The Minister may make regulations providing for transitional matters in respect of matters and proceedings that were commenced before, on or after the effective date. 2022, c. 21, Sched. 9, s. 23. Same (11) Without limiting the generality of subsection (10), a regulation made under that subsection may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it reads on and after the effective date; (b) for the purpose of subsection (10), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2022, c. 21, Sched. 9, s. 23. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 9, s. 23 - 01/07/2024 2024, c. 16, Sched. 12, s. 15 (1) - 01/07/2024; 2024, c. 16, Sched. 12, s. 15 (2) - no effect - see 2026, c. 8, Sched. 7, s. 15 – 02/06/2026; 2024, c. 16, Sched. 12, s. 15 (3, 5) - 01/01/2025; 2024, c. 16, Sched. 12, s. 15 (4) - 31/03/2025 2026, c. 8, Sched. 7, s. 13 (1-3) - not in force Conflict 71 In the event of conflict between the provisions of this and any other general or special Act, the provisions of this Act prevail. R.S.O. 1990, c. P.13, s. 71. Repeal of joint official plans 72 (1) Repealed: 1994, c. 23, s. 48. Repeal of joint official plans (2) Unless continued in force by an order made by the Minister under subsection (3), every official plan of a joint planning area, other than an official plan that was adopted by the council of a county and other than an official plan of a joint planning area in a territorial district, that was in effect immediately before the 1st day of August, 1983, shall be deemed to have been repealed two years from that day, if not sooner repealed. Continuation of joint official plans (3) The Minister may by order provide for the remaining in force of any joint official plan or part or parts thereof that would otherwise be deemed to be repealed under subsection (2) and in such order may make such provision for the effectual continuation of such plan or the part or parts thereof as the Minister considers necessary, including provision for the allocation of the plan or part or parts thereof to any local municipality or county situate wholly or partly within the area to which the plan applies. Amendment or repeal (4) The Minister may approve any amendment or repeal of an official plan of a joint planning area that may be proposed by the council of any municipality affected by the official plan. R.S.O. 1990, c. P.13, s. 72 (2-4). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 48 - 28/03/1995 Continuation 72.1 Even though this Act may be amended after an official plan came into effect, the official plan remains in effect but may be amended or repealed in accordance with this Act as amended. 1996, c. 4, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 39 - 22/05/1996 Planning areas and boards dissolved 73 (1) Except as provided in subsection (3), on the 1st day of August, 1983, all planning areas including joint planning areas and subsidiary planning areas together with the planning boards thereof were dissolved. R.S.O. 1990, c. P.13, s. 73 (1). Assets and liabilities (2) All the assets and liabilities of a planning board dissolved by this section are, in the case of a planning board of a planning area consisting of part or all of one municipality, assets and liabilities of such municipality and in the case of a planning board of a joint planning area, assets and liabilities of the municipalities that form part of the joint planning area and if such municipalities cannot agree as to the disposition of the assets and liabilities, the Tribunal, upon the application of one or more of the municipalities, shall direct a final disposition thereof. R.S.O. 1990, c. P.13, s. 73 (2); 2017, c. 23, Sched. 5, s. 80. Planning areas that are continued (3) Each planning area that immediately before the 1st day of August, 1983, consisted of the whole of two or more municipalities that are situate in a territorial district or consisted of the whole of one or more municipalities and territory without municipal organization or consisted solely of territory without municipal organization shall continue as a planning area under this Act without any change in name until altered or dissolved by the Minister. R.S.O. 1990, c. P.13, s. 73 (3). Planning boards that are continued (4) Each planning board of a planning area mentioned in subsection (3) shall continue as a planning board under this Act without any change in name or constitution until the planning area is dissolved or the name or constitution of the planning board is changed by the Minister. R.S.O. 1990, c. P.13, s. 73 (4). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 80 - 03/04/2018 Transition 74 (1) In this section, “former Act” means The Planning Act, being chapter 379 of the Revised Statutes of Ontario, 1980. R.S.O. 1990, c. P.13, s. 74 (1). Matters, etc., continued (2) Despite the repeal of the former Act by section 73 of the Planning Act, 1983, being chapter 1, any matter or proceeding mentioned in subsection (3) that was commenced under the former Act before the 1st day of August, 1983, shall be continued and finally disposed of under the former Act. R.S.O. 1990, c. P.13, s. 74 (2). When matters, etc., deemed commenced (3) For the purposes of subsection (2), a matter or proceeding shall be deemed to have been commenced, in the case of, (a) an official plan or an amendment thereto or a repeal thereof, on the day the by-law adopting the plan or adopting or proposing the amendment or repeal of the plan is passed; (b) redevelopment under section 22 of the former Act, on the day the by-law designating the redevelopment area is passed; (c) subdivision of land under section 36 of the former Act, on the day the application is made under subsection (1) of that section; (d) a zoning by-law or an amendment thereto, on the day the by-law is passed; (e) development in a site plan control area, on the day the application is made under subsection 40 (4) of the former Act; (f) an application made to a committee of adjustment, a land division committee or planning board for a planning area in a territorial district, on the day the application is made; and (g) an application to the Minister for a consent under section 29 of the former Act, on the day the application is made. R.S.O. 1990, c. P.13, s. 74 (3). Request to amend official plan (4) Despite clause (3) (a), where a request to initiate an amendment to an official plan was received by a council before the 1st day of August, 1983, (a) if the council refuses to propose the amendment or fails to propose it within thirty days from the receipt of the request and the person who made the request requests the Minister to refer the proposal to the Tribunal, the matter shall be continued and finally disposed of under the former Act; or (b) if the council accedes to the request, the matter shall be continued and finally disposed of under either the former Act or under this Act as determined by the council. R.S.O. 1990, c. P.13, s. 74 (4); 2009, c. 33, Sched. 2, s. 59 (2); 2017, c. 23, Sched. 5, s. 103 (1). Report of planning board (5) In the case of a request to initiate an amendment to an official plan that is continued and finally disposed of under the former Act as mentioned in subsection (4), section 17 of the former Act pertaining to the obtaining of a planning board report do not apply. R.S.O. 1990, c. P.13, s. 74 (5). Request to amend zoning by-law (6) Despite clause (3) (d), where an application to amend a zoning by-law was received by a council before the 1st day of August, 1983, (a) if the council refuses the application or refuses or neglects to make a decision thereon within one month after the receipt of the application and the applicant appeals to the Tribunal, the matter shall be continued and finally disposed of under the former Act; (b) if the council accedes to the request, the matter shall be continued and finally disposed of under either the former Act or under this Act as determined by the council. R.S.O. 1990, c. P.13, s. 74 (6); 2009, c. 33, Sched. 2, s. 59 (3); 2017, c. 23, Sched. 5, s. 103 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 59 (2, 3) - 15/12/2009 2017, c. 23, Sched. 5, s. 80, 103 (1, 2) - 03/04/2018 Transition 74.1 (1) Any matter or proceeding mentioned in subsection (2) that was commenced before March 28, 1995 shall be continued and finally disposed of under this Act as it read on March 27, 1995. 1996, c. 4, s. 40 (1). Same (2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced, in the case of, (a) an official plan or an amendment to it or a repeal of it, on the day the by-law adopting the plan or adopting the amendment or repeal of the plan is passed; (b) a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted; (c) a zoning by-law or an amendment to it, on the day the by-law is passed; (d) an application for an amendment to a zoning by-law that has been refused or has not been decided before the day this section comes into force, on the day the application is made; (e) development in a site plan control area, on the day the application under subsection 41 (4) is made; (f) an application for a minor variance under section 45, on the day the application is made; (g) an application to amend or revoke an order under section 47, on the day the application is made; (h) an application for the approval of a plan of subdivision under section 51, on the day the application is made; and (i) an application for a consent under section 53, on the day the application is made. 1994, c. 23, s. 50; 1996, c. 4, s. 40 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 50 - 28/03/1995; 1996, c. 4, s. 40 (1, 2) - 22/05/1996 Transition 75 (1) Any matter or proceeding that was commenced on or after March 28, 1995 but before this section came into force shall be continued and finally disposed of under this Act as it read on the day before this section came into force. Determination of date (2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced on the day determined under subsection 74.1 (2). Exception (3) Despite subsection (1), in exercising any authority in respect of a matter or proceeding referred to in subsection (5), the council of a municipality, a local board, a planning board, the Minister and the Tribunal, shall have regard to the policy statements issued under subsection 3 (1) if, (a) the matter or proceeding was commenced on or after March 28, 1995; and (b) no decision has been made in respect of the matter or proceeding. 1996, c. 4, s. 41; 2017, c. 23, Sched. 5, s. 80. Exception, comments, etc. (4) Despite subsection (1), in providing any comments, submissions or advice with respect to any matter or proceeding referred to in subsection (5), a minister or a ministry, board, commission or agency of the government shall have regard to the policy statements issued under subsection 3 (1), if, (a) the matter or proceeding was commenced on or after March 28, 1995; and (b) no decision has been made in respect of the matter or proceeding. 1996, c. 4, s. 41; 1998, c. 15, Sched. E, s. 27 (12). Deemed commencement (5) For the purposes of clauses (3) (a) and (4) (a), a matter or proceeding shall be deemed to have been commenced, (a) in the case of a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted; (b) in the case of an application for an amendment to a zoning by-law under section 34 that has been refused or has not been decided before the day this section comes into force, on the day the application is made; (c) in the case of an application for a minor variance under section 45, on the day the application is made; (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day the application is made; and (e) in the case of an application for a consent under section 53, on the day the application is made. Determination of date of decision (6) For the purposes of clauses (3) (b) and (4) (b), a decision shall be deemed to have been made, (a) in the case of a request for an amendment to an official plan by any person or public body, on the day that, (i) the council or planning board adopts all or part of the amendment, (ii) the council or planning board refuses to adopt all or part of the amendment, or (iii) the approval authority proposes to approve, modifies and approves or refuses to approve all or part of the amendment; (b) in the case of an application for an amendment to a zoning by-law under section 34, on the day that, (i) the council passes the amending by-law, or (ii) the council refuses the application to amend the by-law; (c) in the case of an application for a minor variance under section 45, on the day a decision is made by the committee of adjustment; (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day that the approval authority decides to give or refuses to give approval to the draft plan under subsection 51 (31); and (e) in the case of an application for a consent under section 53, on the day the council or the Minister gives or refuses to give a provisional consent. Transition (7) If subsection (3) applies to all or part of an official plan, subsection 3 (8) of this Act, as it read before the coming into force of section 3 of the Land Use Planning and Protection Act, 1996, does not apply to the plan. 1996, c. 4, s. 41. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 41 - 22/05/1996; 1998, c. 15, Sched. E, s. 27 (12) - 01/04/1999 2017, c. 23, Sched. 5, s.

80 - 03/04/2018 Transition – residential units 76 (1) If on November 16, 1995, a detached house, semi-detached house or row house was used or occupied as two residential units, section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to that house. Same (2) Section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to a detached house, a semi-detached house or a row house if on or before the day on which subsection 20 (1) of the Land Use Planning and Protection Act, 1996 comes into force, (a) a permit has been issued under section 8 or 10 of the Building Code Act permitting the erection, alteration, occupancy or use of the house for two residential units; and (b) the building permit has not been revoked under section 8 of the Building Code Act. 1996, c. 4, s. 42. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 42 - 22/05/1996 County of Oxford 77 (1) The County of Oxford may exercise all the powers of a lower-tier municipality under this Act, and no lower-tier municipality in the County of Oxford shall, except as provided in this section, exercise any powers under this Act. 2002, c. 17, Sched. B, s. 28. Committee of adjustment (2) The council of each lower-tier municipality in the County of Oxford shall be deemed to be a committee of adjustment. 2002, c. 17, Sched. B, s. 28. Powers of lower-tier municipality (3) A lower-tier municipality in the County of Oxford may exercise the powers provided in section 28, except under subsection 28 (12), and in sections 29, 30, 32, 33, 34, 36, 37, 38, 39, 40, 41, 42, 44, 45, 46 and 69. 2002, c. 17, Sched. B, s. 28; 2006, c. 23, s. 29 (1). Non-application of subs. (2) (3.1) If a lower-tier municipality passes a by-law constituting and appointing a committee of adjustment under subsection 44 (1), subsection (2) of this section ceases to apply to the council of the lower-tier municipality on the day the by-law comes into force, except with respect to matters that, on that day, are before the council and have not been finally disposed of. 2006, c. 23, s. 29 (2). Conflicts (4) Despite subsection (3), if there is a conflict between a by-law passed by the County of Oxford and a by-law passed by a lower-tier municipality in the exercise of a power under subsection (3), the by-law of the County of Oxford prevails. 2002, c. 17, Sched. B, s. 28. Land division committee (5) Subsection 54 (1) does not apply to the County of Oxford and the County of Oxford may be or may constitute and appoint a land division committee for the purpose of giving consents under this Act. 2002, c. 17, Sched. B, s. 28. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 28 - 01/01/2003 2006, c. 23, s. 29 (1, 2) - 01/01/2007 Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following Schedule: (See: 2026, c. 8, Sched. 7, s. 14) SCHEDULE 1 CONTENTS OF AN OFFICIAL PLAN UNDER SUBSECTION 16 (1) Chapters, sections and schedules of official plan 1 For the purposes of subsection 16 (1), the chapters, sections and schedules of an official plan are the following: 1. A chapter numbered 1 and entitled, “Introduction and How to Use this Plan” that is comprised of the following sections: i. A section numbered 1.1 and entitled “Purpose” that provides information about the purpose of the official plan. ii. A section numbered 1.2 and entitled “Plan Organization” that provides information about the structure of the official plan. 2. A chapter numbered 2 and entitled “Strategic Planning Framework” that is comprised of the following section: i. A section numbered 2.1 and entitled “Provincial and Regional Planning Context” that describes the context for land use planning in the area to which the official plan applies and identifies the Acts and provincial plans that apply to land use planning in the area. 3. A chapter numbered 3 and entitled “Indigenous Engagement” that is comprised of the following section: i. A section numbered 3.1 and entitled “Indigenous Engagement” that identifies the processes through which Indigenous communities will be engaged in implementing the official plan. 4. A chapter numbered 4 and entitled, “Settlement Area Structure and Growth Needs and Management” that is comprised of the following sections: i. A section numbered 4.1 and entitled “Settlement Areas” that contains policies related to areas of settlement, including policies related to the alteration of the boundary of an area of settlement and policies related to areas surrounding and including an existing or planned higher order transit station or stop in an area of settlement. ii. A section numbered 4.2 and entitled “Growth Management” that contains policies related to the management of growth and development. 5. A chapter numbered 5 and entitled “Residential and Mixed Uses” that is comprised of the following sections: i. A section numbered 5.1 and entitled “Housing” that contains policies applicable to residential uses. ii. A section numbered 5.2 and entitled “Mixed Uses” that contains policies applicable to commercial, institutional and other non-residential uses. 6. A chapter numbered 6 and entitled, “Economy and Employment Areas” that is comprised of the following sections: i. A section numbered 6.1 and entitled “Economic Development” that contains policies related to economic development. ii. A section numbered 6.2 and entitled “Employment Uses” that contains policies applicable to employment uses. 7. A chapter numbered 7 and entitled “Rural Areas and Agricultural System” that is comprised of the following sections: i. A section numbered 7.1 and entitled “Rural Areas” that contains policies applicable to uses permitted in rural areas. ii. A section numbered 7.2 and entitled “Agricultural Land Base” that contains policies applicable to agricultural land uses. iii. A section numbered 7.3 and entitled “Agri-Food Network” that contains policies related to the infrastructure, services and other assets that support the agri-food sector. 8. A chapter numbered 8 and entitled “Infrastructure, Facilities and Community Services” that is comprised of the following sections: i. A section numbered 8.1 and entitled “Transportation” that contains policies related to transportation and transit, including policies applicable to development near airports, rail facilities and marine facilities, where some or all such facilities exist in or near the area to which the official plan applies. ii. A section numbered 8.2 and entitled “Infrastructure Corridors” that contains policies related to existing or planned linear infrastructure, such as a public highway, transit line or gas or oil pipeline, or corridors for such infrastructure. iii. A section numbered 8.3 and entitled “Public Service Facilities” that contains policies related to facilities for the provision of programs and services provided or subsidized by a government or other public sector organization. iv. A section numbered 8.4 and entitled “Water and Wastewater” that contains policies related to water and sewage works. v. A section numbered 8.5 and entitled “Waste Management” that contains policies related to waste management. vi. A section numbered 8.6 and entitled “Parks and Open Space” that contains policies related to parks and other open space areas. 9. A chapter numbered 9 and entitled “Local Landscape and Resource Management” that is comprised of the following sections: i. A section numbered 9.1 and entitled “Natural Heritage” that contains policies related to natural heritage features and areas. ii. A section numbered 9.2 and entitled “Water Resources” that contains policies related to surface water features and ground water features and areas. iii. A section numbered 9.3 and entitled “Cultural Heritage and Archaeology” that contains policies related to cultural heritage and archaeology. iv. A section numbered 9.4 and entitled “Mineral Aggregate Resources” that contains policies applicable to areas of identified or potential aggregate deposits. v. A section numbered 9.5 and entitled “Petroleum, Salt and Mineral Resources” that contains policies applicable to areas of identified or potential petroleum, salt and non-aggregate mineral deposits. vi. A section numbered 9.6 and entitled “Energy Conservation” that contains policies related to energy conservation. vii. A section numbered 9.7 and entitled “Waterfronts and Shorelines” that contains policies applicable to areas near water bodies. viii. A section numbered 9.8 and entitled “Natural Hazards” that contains policies related to natural hazards. ix. A section numbered 9.9 and entitled “Human-made Hazards” that contains policies related to human-made hazards. 10. A chapter numbered 10 and entitled “Implementation and Interpretation” that is comprised of the following sections: i. A section numbered 10.1 and entitled “Land Use Designations” that contains policies related to the use of the land use designations described in section 2 of this Schedule in the official plan. ii. A section numbered 10.2 and entitled “Processes” that contains policies related to the processes that will be used in implementing, maintaining and updating the official plan. iii. A section numbered 10.3 and entitled “Implementation Tools” that contains policies related to the instruments and other tools that will be used to implement the official plan. iv. A section numbered 10.4 and entitled “Definitions” that provides definitions for terms used in the official plan. 11. A chapter numbered 11 and entitled “Schedules” that is comprised of the following schedules: i. A schedule numbered 11.1 and entitled “Schedule A1: Settlement Boundaries, Urban/Rural Structure and Provincial Plans” that comprises one or more maps identifying the boundaries of areas of settlement and any area that is the subject of a provincial plan. ii. A schedule numbered 11.2 and entitled “Schedule A2: Strategic Growth Areas and Intensification Areas” that comprises one or more maps identifying lands in the area to which the official plan applies that are identified as a focus for accommodating growth. iii. A schedule numbered 11.3 and entitled “Schedule A3: Land Use Designations” that comprises one or more maps identifying the land use designations applicable to lands in the area to which the official plan applies. iv. A schedule numbered 11.4 and entitled “Schedule B1: Transportation and Corridors” that comprises one or more maps identifying the transportation system in the area to which the official plan applies. v. A schedule numbered 11.5 and entitled “Schedule B2: Infrastructure” that comprises one or more maps identifying the existing and planned infrastructure in the area to which the official plan applies. vi. A schedule numbered 11.6 and entitled “Schedule B3: Public Service Facilities, Parks and Open Space” that comprises one or more maps identifying the existing and planned facilities for the provision of programs and services provided or subsidized by a government or other body, and identifying parks and other open space areas. vii. A schedule numbered 11.7 and entitled “Schedule C1: Natural Environment” that includes one or more maps identifying the natural heritage features and areas in the area to which the official plan applies. viii. A schedule numbered 11.8 and entitled “Schedule C2: Water Resources” that includes one or more maps identifying water resource systems and vulnerable areas for the protection of drinking water sources in the area to which the official plan applies. ix. A schedule numbered 11.9 and entitled “Schedule C3: Resource Potential” that comprises one or more maps identifying the known and potential areas of mineral, petroleum and aggregate resources in the area to which the official plan applies. x. A schedule numbered 11.10 and entitled “Schedule C4: Natural and Human-made Hazards” that includes one or more maps identifying the lands in the area to which the official plan applies that could be unsafe for development due to natural hazards or human-made hazards. Land use designations 2 For the purposes of subsection 16 (1), the land use designations to be used in an official plan are the following: 1. A “Neighbourhoods” designation within which the following land uses must be authorized: i. Residential uses. ii. Small-scale commercial uses. iii. Institutional uses, including cemetery uses. iv. Such other uses as may be prescribed. 2. A “Mixed Use Areas” designation within which the following land uses shall be authorized: i. Residential uses. ii. Commercial uses. iii. Institutional uses, including cemetery uses. iv. Industrial, manufacturing and small-scale warehousing uses that could be located adjacent to sensitive land uses without adverse effects. v. Such other uses as may be prescribed. 3. A “Mixed Use Commercial Areas” designation within which the land uses described in paragraph 2 shall be authorized, but only if they are not sensitive land uses. 4. An “Employment Areas” designation within which the land uses referred to in paragraph 1 of the definition of “area of employment” in subsection 1 (1) shall be authorized. 5. A “Major Facilities” designation within which the following land uses shall be authorized: i. Manufacturing uses. ii. Industrial uses. iii. Infrastructure uses. iv. Such other uses as may be prescribed. 6. A “Parks and Open Spaces” designation within which the following land uses shall be authorized: i. Recreational uses. ii. Cemetery uses. iii. Such other uses as may be prescribed. 7. A “Natural Environment and Water Resource Areas” designation within which the following land uses shall be authorized: i. Conservation uses. ii. Such other uses as may be prescribed. 8. A “Resource Areas” designation within which the following land uses shall be authorized: i. Resource extraction uses. ii. Such other uses as are prescribed. 9. A “Rural Lands” designation within which the following land uses shall be authorized: i. Residential uses. ii. Small-scale commercial uses. iii. Small-scale industrial uses. iv. Agricultural uses. v. Agriculture-related uses. vi. On-farm diversified uses. vii. Resource management uses. viii Resource-based recreational uses. ix. Cemetery uses. x. Such other uses as may be prescribed. 10. A “Prime Agricultural Areas” designation within which the following land uses shall be authorized: i. Agricultural uses. ii. Agriculture-related uses. iii. On-farm diversified uses. iv. Such other uses as may be prescribed. 11. A “Specialty Crop Areas” designation within which the following land uses shall be authorized: i. Agricultural uses. ii. Agriculture-related uses. iii. On-farm diversified uses. iv. Such other uses as may be prescribed. 12. A “Shoreline Areas” designation within which the following land uses shall be authorized: i. Marina uses. ii. Recreational uses. iii. Residential uses. iv. Such other uses as may be prescribed. 2026, c. 8, Sched. 7, s. 14. Section Amendments with date in force (d/m/y) 2026, c. 8, Sched. 7, s. 14 - not in force ______________