PART III GENERAL POWERS: LIMITS AND ADDITIONS
Definition
114 (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 or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Planning 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 the Planning Act. 2006, c. 11, Sched. A, s. 114 (1). 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 if the school site was in existence on January 1, 2007. 2017, c. 23, Sched. 3, s. 18 (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. 1, s. 2 (1); 2023, c. 10, Sched. 2, s. 2 (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) of the Planning Act, on a parcel of land that will contain any number of residential units. 2022, c. 21, Sched. 1, s. 2 (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 City may, by by-law, designate the whole or any part of such area as a site plan control area. 2006, c. 11, Sched. A, s. 114 (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 of the Planning Act. 2006, c. 11, Sched. A, s. 114 (3). Consultation (4) The City may, by by-law, require applicants to consult with the City before submitting plans and drawings for approval under subsection (5). 2022, c. 12, Sched. 1, s. 1 (1). Same (4.1) Where a by-law referred to in subsection (4) does not apply, the City shall permit applicants to consult with the City as described in that subsection. 2022, c. 12, Sched. 1, s. 1 (1). Prescribed information (4.2) If information or materials are prescribed for the purposes of this section, an applicant shall provide the prescribed information and material to the City. 2022, c. 12, Sched. 1, s. 1 (1). Other information (4.3) The City may require that an applicant provide any other information or material that the City considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2022, c. 12, Sched. 1, s. 1 (1). Refusal and timing (4.4) Until the City has received the plans and drawings referred to in subsection (5), the information and material required under subsections (4.2) and (4.3), if any, and any fee under section 69 of the Planning Act, (a) the City may refuse to accept or further consider the application; and (b) the time period referred to in subsection 114 (15) of this Act does not begin. 2022, c. 12, Sched. 1, s. 1 (1). Response re completeness of application (4.5) Within 30 days after the applicant pays any fee under section 69 of the Planning Act, the City shall notify the person or public body that the plans and drawings referred to in subsection 114 (5) of this Act and the information and material required under subsections (4.2) and (4.3) , if any, have been provided, or that they have not been provided, as the case may be. 2022, c. 12, Sched. 1, s. 1 (1). Motion re dispute (4.6) Within 30 days after a negative notice is given under subsection (4.5), the applicant or the City may make a motion for directions to have the Ontario Land Tribunal determine, (a) whether the plans and drawings and the information and material have in fact been provided; or (b) whether a requirement made under subsection (4.3) is reasonable. 2022, c. 12, Sched. 1, s. 1 (1). Same (4.7) If the City does not give any notice under subsection (4.5), the applicant may make a motion under subsection (4.6) at any time after the 30-day period described in subsection (4.5) has elapsed. 2022, c. 12, Sched. 1, s. 1 (1). Final determination (4.8) The Ontario Land Tribunal’s determination under subsection (4.6) is not subject to appeal or review. 2022, c. 12, Sched. 1, s. 1 (1). Approval of plans or drawings (5) No person shall undertake any development in an area designated under subsection (2) unless the authorized person referred to in subsection (5.1) or, where an appeal has been made under subsection (15), the Ontario Land 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 (11) (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, i. the massing and conceptual design of the proposed building, ii. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access, iii. 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, iv. matters relating to building construction required under a by-law referred to in section 108 or 108.1, v. the sustainable design elements on any adjoining highway under the City’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable 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 City, and vi. facilities designed to have regard for accessibility for persons with disabilities. 2006, c. 11, Sched. A, s. 114 (5); 2017, c. 23, Sched. 3, s. 18 (2, 3); 2021, c. 4, Sched. 6, s. 37 (1); 2022, c. 12, Sched. 1, s. 1 (2); 2022, c. 21, Sched. 1, s. 2 (2). Authorized person (5.1) If the City passes a by-law under subsection (2), the City shall appoint an officer, employee or agent of the City as an authorized person for the purposes of subsection (5). 2022, c. 12, Sched. 1, s. 1 (3). Exclusions from site plan control (6) The following matters are not subject to site plan control: 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 subparagraph 2 iv of subsection (5). 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 iii of subsection (5). 3. The manner of construction and construction standards. 2006, c. 11, Sched. A, s. 114 (6); 2022, c. 21, Sched. 1, s. 2 (3). Same (6.1) The appearance of the elements, facilities and works on the land or any adjoining highway under the City’s jurisdiction is not subject to site plan control, except to the extent that the appearance impacts matters of health, safety, accessibility, sustainable design or the protection of adjoining lands. 2022, c. 21, Sched. 1, s. 2 (4). Dispute about scope of site plan control (7) The owner of land or the City may make a motion for directions to have the Ontario Land Tribunal determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (5) is subject to site plan control. 2006, c. 11, Sched. A, s. 114 (7); 2017, c. 23, Sched. 5, s. 9 (1); 2021, c. 4, Sched. 6, s. 37 (1). Final determination (8) The Ontario Land Tribunal’s determination under subsection (7) is not subject to appeal or review. 2006, c. 11, Sched. A, s. 114 (8); 2017, c. 23, Sched. 5, s. 9 (2); 2021, c. 4, Sched. 6, s. 37 (2). Drawings for residential buildings (9) Despite the exception provided in paragraph 2 of subsection (5), city council may require the drawings mentioned in that paragraph for a building to be used for residential purposes containing less 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 in which such drawings may be required. 2006, c. 11, Sched. A, s. 114 (9). Proviso (10) Nothing in this section is deemed to confer on the City power to limit the height or density of buildings to be erected on the land. 2006, c. 11, Sched. A, s. 114 (10). Conditions to approval of plans (11) As a condition to the approval of the plans and drawings referred to in subsection (5), the City may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the City any or all of the following: (i) subject to subsection (12), widenings of highways that abut on the land, (ii) facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii) 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) walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access, (iv.1) facilities designed to have regard for accessibility for persons with disabilities; (v) facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon, (vi) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands, (vii) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material, (viii) easements conveyed to the City for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the City on the land, (ix) 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 City and at the sole risk and expense of the owner any or all of the facilities or works mentioned in subclauses (a) (ii) to (ix), 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 City dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (e) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (5); (d) enter into one or more agreements with the City ensuring that development proceeds in accordance with the plans and drawings approved under subsection (5); (e) subject to subsection (13), convey part of the land to the City to the satisfaction of and at no expense to the City for a public transit right of way. 2006, c. 11, Sched. A, s. 114 (11); 2017, c. 23, Sched. 3, s. 18 (4). Widening must be described in official plan (12) An owner may not be required to provide a highway widening under subclause (11) (a) (i) 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. 2006, c. 11, Sched. A, s. 114 (12). Limitation (13) An owner of land may not be required to convey land under clause (11) (e) unless the public transit right of way to be provided is shown on or described in an official plan. 2006, c. 11, Sched. A, s. 114 (13). Registration of agreements (14) Any agreement entered into under clause (11) (c) or (d) may be registered against the land to which it applies and the City 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. 2006, c. 11, Sched. A, s. 114 (14). Refund (14.1) With respect to plans and drawings referred to in subsection (5) that are received on or after July 1, 2023, the City shall, subject to a regulation made under subsection (14.3), refund any fees paid pursuant to section 69 of the Planning Act in respect of the plans and drawings in accordance with the following rules: 1. If the City approves the plans or drawings under subsection 114 (5) of this Act within the time period referred to in subsection 114 (15) of this Act, the City shall not refund the fee. 2. If the City has not approved the plans or drawings under subsection 114 (5) of this Act within the time period referred to in subsection 114 (15) of this Act, the City shall refund 50 per cent of the fee. 3. If the City has not approved the plans or drawings under subsection 114 (5) of this Act within a time period that is 30 days longer than the time period referred to in subsection 114 (15) of this Act, the City shall refund 75 per cent of the fee. 4. If the City has not approved the plans or drawings under subsection 114 (5) of this Act within a time period that is 60 days longer than the time period referred to in subsection 114 (15) of this Act, the City shall refund all of the fee. 2022, c. 12, Sched. 1, s. 1 (4); 2023, c. 10, Sched. 2, s. 2 (2). No refunds, plans and drawings received before July 1, 2023 (14.2) Any refund of fees required under subsection (14.1), as it read before the day subsection 2 (2) of Schedule 2 to the Helping Homebuyers, Protecting Tenants Act, 2023
came into force, with respect to plans and drawings received before July 1, 2023 shall be deemed never to have been required. 2023, c. 10, Sched. 2, s. 2 (3). Exception (14.3) The Minister of Municipal Affairs and Housing may, by regulation, provide that subsection (14.1) does not apply to plans and drawings received by the City on and after a specified date or during a specified period. 2023, c. 10, Sched. 2, s. 2 (3). Appeal to Tribunal re approval of plans or drawings (15) If the City fails to approve the plans or drawings referred to in subsection (5) within 60 days after they are received by the City, the owner may appeal the failure to approve the plans or drawings to the Ontario Land Tribunal by filing with the city clerk a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 18 (5); 2021, c. 4, Sched. 6, s. 37 (3); 2022, c. 12, Sched. 1, s. 1 (5); 2023, c. 10, Sched. 2, s. 2 (4). Appeal to Tribunal re requirement under subs. (11) (15.1) If the owner of the land is not satisfied with any requirement made by the City under subsection (11) 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 Ontario Land Tribunal by filing with the city clerk a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 18 (5); 2021, c. 4, Sched. 6, s. 37 (3). City clerk to forward plans and drawings, etc. to Tribunal (15.2) If the city clerk receives a notice of appeal under subsection (15) or (15.1), the city clerk shall ensure that the following are forwarded to the Ontario Land 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 (5). 3.1 Any information or material required under subsections (4.2) and (4.3). 4. In the case of an appeal under subsection (15.1), documents that set out the requirements made by the municipality under subsection (11). 2017, c. 23, Sched. 3, s. 18 (5); 2021, c. 4, Sched. 6, s. 37 (1); 2023, c. 10, Sched. 2, s. 2 (5). Hearing (16) The Ontario Land 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. 2017, c. 23, Sched. 3, s. 18 (5); 2021, c. 4, Sched. 6, s. 37 (1). Classes of development, delegation (17) Where the City has designated a site plan control area under this section, the City 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 (5). 2022, c. 12, Sched. 1, s. 1 (6). Transition (18) This section as it read immediately before the day subsection 1 (7) of Schedule 1 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 (5) of this Act before that day. 2022, c. 12, Sched. 1, s. 1 (7). Same (19) 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 (5) on or after the day subsection 1 (7) of Schedule 1 to the More Homes for Everyone Act, 2022 comes into force but before July 1, 2022. 2022, c. 12, Sched. 1, s. 1 (8). Same (20) In respect of plans and drawings submitted for approval under subsection (5) before the day subsection 2 (2) of Schedule 1 to the More Homes Built Faster Act, 2022 came into force, (a) subparagraph 2 iv of subsection (5) as it read immediately before the day subsection 2 (2) of Schedule 1 to the More Homes Built Faster Act, 2022 came into force continues to apply; (b) paragraph 1.1 of subsection (6) does not apply; and (c) subsection (6.1) does not apply. 2022, c. 21, Sched. 1, s. 2 (4). Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 3, s. 18 (1-5) - 03/04/2018; 2017, c. 23, Sched. 5, s. 9 (1, 2) - 03/04/2018 2021, c. 4, Sched. 6, s. 37 (1-3) - 01/06/2021 2022, c. 12, Sched. 1, s. 1 (1, 5, 7) - 14/04/2022; 2022, c. 12, Sched. 1, s. 1 (2, 3, 6, 8) - 01/07/2022; 2022, c. 12, Sched. 1, s. 1 (4) - 01/01/2023; 2022, c. 21, Sched. 1, s. 2 (1-4) - 28/11/2022 2023, c. 10, Sched. 2, s. 2 (1-5) - 08/06/2023