PART IX MISCELLANEOUS
Regulations, Lieutenant Governor in Council
40 (1) The Lieutenant Governor in Council may make regulations, (a) governing advisory boards established under subsection 18 (2), including requiring authorities to establish one or more advisory boards and prescribing requirements with respect to the composition, functions, powers, duties, activities and procedures of any advisory board that is established; (b) governing programs and services that authorities may provide including, (i) prescribing mandatory programs and services for the purposes of subsections 21.1 (1) and (2), (ii) prescribing Acts for the purposes of subparagraph 1 iv of subsections 21.1 (1), and (iii) respecting standards and requirements applicable to programs and services for the purposes of subsection 21.1 (3); (c) governing the apportionment of an authority’s capital costs in connection with a project for the purposes of section 25; (d) governing reviews under sections 26 and 27.1, including prescribing a body that may conduct such reviews instead of the Ontario Land Tribunal; (e) governing the apportionment of an authority’s operating expenses for the purposes of section 27, prescribing expenses as operating expenses for the purposes of section 27, governing the amount that participating municipalities are required to pay under section 27, including the fixed amount that a participating municipality may be required to pay under subsection 27 (2), and restricting and prohibiting the apportionment of certain types of operating expenses; (f) governing budgetary matters relating to authorities including, (i) prescribing matters as budgetary matters for the purposes of clause 14 (4.0.1) (d) and for the regulations, (ii) respecting the process authorities must follow when preparing a budget and the consultations that are required, and (iii) providing for rules and procedures governing meetings at which budgetary matters are discussed, including the quorum for such meetings and the rules respecting voting on budgetary matters, and providing for those rules and procedures to apply despite anything in section 16. (g)  Repealed: 2021, c. 4, Sched. 6, s. 39 (17). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 40 (1) of the Act is amended by adding the following clause: (See: 2022, c. 21, Sched. 2, s. 14 (1)) (g) governing exceptions under subsection 28 (4.1) from the prohibitions set out in subsection 28 (1), including, (i) prescribing municipalities to which the exception applies, (ii) respecting any conditions or restrictions that must be satisfied to obtain the exception, or in carrying out the activity, including conditions or restrictions applying to the municipality in which the exception applies, (iii) prescribing activities, areas of municipalities, types of authorizations under the Planning Act and other conditions or restrictions for the purposes of subsection 28 (4.2), (iv) governing transitional matters resulting from an exception under subsection 28 (4.1); (h) governing Minister’s reviews of decisions made by an authority to refuse to issue a permit or to issue permits subject to conditions that may be requested under subsection 28.1 (8), including prescribing circumstances under which reviews may or may not be requested or conducted; (i) governing transitional matters resulting from the implementation of Minister reviews requested under subsection 28.1 (8) and from the coming into force of section 28.1.1; (j) governing the issuance of permits by the Minister under section 28.1.1 including prescribing circumstances in which the Minister may or may not make an order under subsection 28.1.1 (1); (k) governing transitional matters relating to the repeal of section 28.0.1 by subsection 15 (2) of Schedule 6 of the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 and any permissions that were granted under that section prior to the repeal and the enactment of section 28.1.2; (l) governing Minister’s reviews requested under subsection 28.1.2 (9) and appeals under subsections 28.1.2 (14) and (15) and specifying circumstances in which a review may not be requested or an appeal may not be made; (m) prescribing a body for the purposes of subsection 30.4 (9); (n) defining any term that is used in this Act and that is not defined in this Act; (o) respecting anything that is necessary or advisable for the proper administration of this Act. 2020, c. 36, Sched. 6, s. 25 (1); 2021, c. 4, Sched. 6, s. 39 (16, 17). Same (2) The standards and requirements established for programs and services in a regulation made under clause (1) (b) may include standards and requirements to mitigate the impacts of climate change and provide for adaptation to a changing climate, including through increasing resiliency. 2020, c. 36, Sched. 6, s. 25 (1). Regulations, Minister (3) The Minister may make regulations, (a) prescribing matters that may be the subject of by-laws made under clause 19.1 (1) (j); (b) respecting the amount of any fee that may be charged by an authority in relation to a program or service, including determining the manner in which the fee is calculated; (c) respecting standards and requirements applicable to programs and services for the purposes of clauses 21.1.1 (4) (b) and 21.1.2 (3) (b); (c.1) prescribing Acts for the purposes of subsections 21.1.1 (1.1) and 21.1.2 (1.1); (d) prescribing the period for the purposes of paragraph 2 of subsection 21.1.2 (2); (e) prescribing requirements for the purposes of paragraph 3 of subsection 21.1.2 (2); (f) governing consultations that an authority must carry out for the purposes of section 21.1.3; (g) governing the matters to be addressed in a transition plan under section 21.1.4 and prescribing additional matters to be addressed, including requiring the submission to the Ministry of the inventory mentioned in paragraph 1 of subsection 21.1.4 (2); (h) governing the information that authorities must provide to the Minister under section 23.1, including the publication of that information; (i) prescribing a day for the purposes of subsections 25 (1.1) and 27 (1.1); (j) prescribing circumstances for the purposes of subsections 25 (1.3) and 27 (1.3); (k) governing the determination of amounts owed under subsection 27.2 (2). 2020, c. 36, Sched. 6, s. 25 (1);
2022, c. 21, Sched. 2, s. 14 (2, 3). Note: On a day to be named by proclamation of the Lieutenant Governor, section 40 of the Act is amended by adding the following subsection: (See: 2020, c. 36, Sched. 6, s. 25 (2)) Minister’s regulations, ss. 28 to 28.4 (4) The Minister may make regulations, (a) governing the prohibitions set out in section 28, including, (i) prescribing the limits on river and stream valleys for the purposes of subparagraph 2 iii of subsection 28 (1), (ii) determining or specifying areas for the purposes of subparagraph 2 iv of subsection 28 (1), (iii) determining or specifying areas in which development should be prohibited or regulated for the purposes of subparagraph 2 v of subsection 28 (1), (iv) prescribing activities or types of activities to which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities or types of activities may be carried out and any conditions or restrictions that apply to the activity or type of activity, (v) prescribing areas in which the prohibitions set out in subsection 28 (1) do not apply and respecting the manner or circumstances in which the activities may be carried out in such areas, and any conditions or restrictions that apply to carrying out activities in such areas, (vi) defining “development activity”, “hazardous land”, “watercourse” and “wetland” for the purposes of section 28; (b) governing applications for permits under section 28.1, the issuance of the permits and the power of authorities to refuse permits, including prescribing requirements that must be met for the issuance of permits under clause 28.1 (1) (c), conditions that may be attached to a permit or circumstances in which a permit may be cancelled under section 28.3 and respecting the period for which a permit is valid under section 28.2; Note: On the day subsection 25 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 40 (4) (b) of the Act is amended by striking out “may be attached” and substituting “may or may not be attached”. (See: 2022, c. 21, Sched. 2, s. 14 (4)) (c) defining “pollution” for the purposes of section 28.1; Note: On the day subsection 25 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 40 (4) (c) of the Act is repealed. (See: 2022, c. 21, Sched. 2, s. 14 (5)) (d) prescribing requirements for the purposes of clause 28.1.2 (1) (c); (e) governing permits issued under section 28.1.2 including, (i) requiring that permits be issued within a specified time period after the application for the permit is submitted to an authority, Note: On the day subsection 25 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 40 (4) (e) of the Act is amended by adding the following subclause: (See: 2022, c. 21, Sched. 2, s. 14 (6)) (i.1) limiting the types of conditions that an authority may attach to a permit under section 28.1.2; (ii) prescribing conditions for the purposes of subsection 28.1.2 (5), (iii) prescribing matters for the purposes of clause 28.1.2 (6) (c); (f) prescribing matters for the purposes of clause 28.1.2 (12) (c); (g) governing agreements required under subsection 28.1.2 (17) including, (i) prescribing the content of the agreements, (ii) specifying the time within which agreements are to be concluded and signed; (h) exempting lands or development projects from section 28.1.2 or from a part of that section or the regulations made under that section, including from the requirement to enter into an agreement under subsection 28.1.2 (17) or from including any provision of an agreement that is prescribed by a regulation under clause (g); Note: On the day subsection 25 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 40 (4) (h) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 14 (7)) (h) specifying lands or development projects to which section 28.1.2 does not apply; (h.1) exempting lands or development projects from subsections 28.1.2 (5), (17) and (19), subject to such conditions or restrictions as may be specified; (i) governing the delegation of powers by an authority under section 28.4 and prescribing any limitations or requirements related to the delegation; (j) respecting anything necessary or advisable for the effective implementation or enforcement of sections 28 to 28.4. 2020, c. 36, Sched. 6, s. 25 (2). General or particular (5) A regulation made under this section may be general or particular in its application. 2020, c. 36, Sched. 6, s. 25 (3). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 1 (4) - 25/10/2010 2017, c. 23, Sched. 4, s. 33 (1, 2) - no effect - see 2019, c. 9, Sched. 2, s. 10 (2) - 06/06/2019; 2017, c. 23, Sched. 5, s. 23 - 03/04/2018 2019, c. 9, Sched. 2, s. 9 (1-3) - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 25 (1, 3) - 01/10/2021; 2020, c. 36, Sched. 6, s. 25 (2) - not in force 2021, c. 4, Sched. 6, s. 39 (16) - 01/10/2021; 2021, c. 4, Sched. 6, s. 39 (17) - 01/06/2021 2022, c. 21, Sched. 2, s. 14 (1, 4-7) - not in force; 2022, c. 21, Sched. 2, s. 14 (2) - 28/11/2022; 2022, c. 21, Sched. 2, s. 14 (3) - 01/01/2023