PART VI REGULATION OF AREAS OVER WHICH AUTHORITIES HAVE JURISDICTION
Permission for development, zoning order
28.0.1 (1) This section applies to any application submitted to an authority under a regulation made under subsection 28 (1) for permission to carry out all or part of a development project in the authority’s area of jurisdiction if, (a) an order has been made by the Minister of Municipal Affairs and Housing under section 34.1 or 47 of the Planning Act authorizing the development project under that Act; (b) the lands in the authority’s area of jurisdiction on which the development project is to be carried out are not located in the Greenbelt Area designated under section 2 of the Greenbelt Act, 2005; and (c) such other requirements as may be prescribed are satisfied. 2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (1). Definition (2) In this section, “development project” means development as defined in subsection 28 (25) or any other act or activity that would be prohibited under this Act and the regulations unless permission to carry out the activity is granted by the affected authority. 2020, c. 36, Sched. 6, s. 15 (1);
2022, c. 21, Sched. 2, s. 8 (2). Permission to be granted (3) Subject to the regulations made under subsection (35), an authority that receives an application for permission to carry out all or part of a development project in the authority’s area of jurisdiction shall grant the permission if all of the requirements in clauses (1) (a), (b) and (c) are satisfied. 2020, c. 36, Sched. 6, s. 15 (1). Same (4) For greater certainty, an authority shall not refuse to grant permission for a development project under subsection (3) despite, (a) anything in section 28 or in a regulation made under section 28; and (b) anything in subsection 3 (5) of the Planning Act. 2020, c. 36, Sched. 6, s. 15 (1). Conditions prescribed by regulations (5) A permission granted under this section is subject to such conditions as may be prescribed. 2020, c. 36, Sched. 6, s. 15 (1). Conditions specified by authority (6) Subject to subsection (7), an authority may attach conditions to the permission, including conditions to mitigate, (a) any effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) any conditions or circumstances created by the development project that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; or (c) any other matters that may be prescribed by regulation.
2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (3). Hearing (7) An authority shall not attach conditions to a permission unless the applicant for the permission has been given an opportunity to be heard by the authority. 2020, c. 36, Sched. 6, s. 15 (1). Reasons for conditions (8) If, after holding a hearing, an authority grants the permission subject to conditions, the authority shall give the holder of the permission written reasons for deciding to attach the conditions.
2020, c. 36, Sched. 6, s. 15 (1). Request for Minister’s review (9) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations. 2022, c. 21, Sched. 2, s. 8 (4). Minister’s review (10) Within 30 days after receiving a request under subsection (9), the Minister shall reply to the request and indicate in writing to the holder of the permission and the authority whether or not the Minister intends to conduct a review of the authority’s decision. Failure on the part of the Minister to reply to a request within the 30-day period is deemed to be an indication that the Minister does not intend to review the authority’s decision. 2020, c. 36, Sched. 6, s. 15 (1). Same (11) If a reply given under subsection (10) indicates that the Minister intends to conduct a review, the Minister may in the reply require the holder of the permission and the authority to provide the Minister with such information as the Minister considers necessary to conduct the review. 2020, c. 36, Sched. 6, s. 15 (1). Information (12) The holder of the permission and the authority shall submit to the Minister such information as was specified in the reply given under subsection (10) within the time period specified in the reply. 2020, c. 36, Sched. 6, s. 15 (1). Publication of notice of review (13) The Minister shall publish on the Environmental Registry notice of the Minister’s intention to review a decision made by an authority and shall do so within 30 days of giving a reply to that effect under subsection (10). 2020, c. 36, Sched. 6, s. 15 (1). No hearing required (14) The Minister is not required to hold a hearing while conducting a review of an authority’s decision. 2020, c. 36, Sched. 6, s. 15 (1). Conferring with persons, etc. (15) Before making a decision with respect to a review, the Minister may confer with any person or body that the Minister considers may have an interest in the review. 2020, c. 36, Sched. 6, s. 15 (1). Minister’s decision (16) After conducting a review of an authority’s decision, the Minister may confirm or vary the conditions attached by the authority to a permission granted under this section, including removing conditions or requiring that such additional conditions be attached to the permission as the Minister considers appropriate. 2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (5). Same (17) In making a decision under subsection (16), the Minister shall consider, (a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) conditions or circumstances created by the development project that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; or (c) any other matters as may be prescribed by the regulations. 2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (6). Decision final (18) A decision made by the Minister under subsection (16) is final. 2020, c. 36, Sched. 6, s. 15 (1). Appeal (19) The holder of a permission who objects to any conditions attached to the permission by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Ontario Land Tribunal to review the conditions if, (a) the holder of the permission has not submitted a request to the Minister to review the conditions under subsection (9); or (b) the holder of the permission has submitted a request to the Minister to review the conditions under subsection (9) and, (i) 30 days have elapsed following the day the holder of the permission submitted the request and the Minister did not make a reply in accordance with subsection (10), or (ii) the Minister made a reply in accordance with subsection (10) indicating that the Minister refused to conduct the review.
2020, c. 36, Sched. 6, s. 15 (1); 2021, c. 4, Sched. 6, s. 39 (12); 2022, c. 21, Sched. 2, s. 8 (7). Same (20) If the Minister indicates in a reply given under subsection (10) that the Minister intends to review an authority’s decision and the Minister fails to make a decision within 90 days of giving the reply, the holder of the permission may, within the next 30 days, appeal the conditions attached by the authority directly to the Ontario Land Tribunal. 2020, c. 36, Sched. 6, s. 15 (1); 2021, c. 4, Sched. 6, s. 39 (12); 2022, c. 21, Sched. 2, s. 8 (8). Notice of appeal (21) Notice of an appeal under subsection (19) or (20) shall be sent to the Ontario Land Tribunal and to the authority by registered mail. 2020, c. 36, Sched. 6, s. 15 (1); 2021, c. 4, Sched. 6, s. 39 (12). Hearing by Tribunal (22) The Ontario Land Tribunal shall fix a date for a hearing of an appeal under subsection (19) or (20), give notice to all interested parties and give all necessary direction for the hearing. 2020, c. 36, Sched. 6, s. 15 (1); 2021, c. 4, Sched. 6, s. 39 (12). Powers of the Tribunal (23) The Ontario Land Tribunal has authority to hear evidence and to confirm, vary, remove or add to the conditions attached to the permission as the Tribunal considers appropriate. 2020, c. 36, Sched. 6, s. 15 (1); 2021, c. 4, Sched. 6, s. 39 (12). Agreement (24) An authority that grants permission for a development project under this section shall enter into an agreement with respect to the development project with the holder of the permission and the authority and holder of the permission may agree to add a municipality or such other person or entity as they consider appropriate as parties to the agreement. 2020, c. 36, Sched. 6, s. 15 (1). Content of agreement (25) An agreement under subsection (24) shall set out actions or requirements that the holder of the permission must complete or satisfy in order to compensate for ecological impacts and any other impacts that may result from the development project. 2020, c. 36, Sched. 6, s. 15 (1). Limitation on development (26) No person shall begin a development project until an agreement required under subsection (24) has been entered into. 2020, c. 36, Sched. 6, s. 15 (1). Same (26.1) If a regulation made under this section provides that a development project may begin prior to entering into an agreement under subsection (24), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until an agreement is entered into. 2022, c. 21, Sched. 2, s. 8 (9). Period of validity of permission and extension (27) A permission granted by an authority under this section may be granted for a period of time determined in accordance with the rules that apply to permissions granted by authority under a regulation made under subsection 28 (1) and may be extended in accordance with the rules for extending permission set out in those same regulations. 2020, c. 36, Sched. 6, s. 15 (1). Offence (28) A person is guilty of an offence if the person contravenes, (a) a condition of a permission granted under this section; or (b) subsection (26) or (26.1) 2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (10). Penalty (29) A person who commits an offence under subsection (28) is liable on conviction, (a) in the case of an individual, (i) to a fine of not more than $50,000 or to a term of imprisonment of not more than three months, or to both, and (ii) to an additional fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; and (b) in the case of a corporation, (i) to a fine of not more than $1,000,000, and (ii) to an additional fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues. 2020, c. 36, Sched. 6, s. 15 (1). Monetary benefit (30) Despite the maximum fines set out in clauses (29) (a) and (b), a court that convicts a person of an offence under subsection (28) may increase the fine it imposes on the person by an amount equal to the amount of the monetary benefit that was acquired by the person, or that accrued to the person, as a result of the commission of the offence. 2020, c. 36, Sched. 6, s. 15 (1). Rehabilitation orders (31) In addition to any penalty under subsection (29) or any other remedy or penalty provided by law, the court, upon convicting a person of an offence under subsection (28), may order the convicted person to, (a) remove, at the convicted person’s expense, any development within such reasonable time as the court orders; and (b) take such actions as the court directs, within the time the court may specify, to repair or rehabilitate the damage that results from or is in any way connected to the commission of the offence. 2020, c. 36, Sched. 6, s. 15 (1). Non-compliance with order (32) If a person does not comply with an order under subsection (31), the authority that issued the permission under this section may arrange for any removal, repair or rehabilitation that was required in the order. 2020, c. 36, Sched. 6, s. 15 (1). Liability for certain costs (33) The person to whom an order is made under subsection (31) is liable for the cost of any removal, repair or rehabilitation arranged by an authority under subsection (32), and the amount is recoverable by the authority by action in a court of competent jurisdiction. 2020, c. 36, Sched. 6, s. 15 (1). Conflict (34) If the conditions attached to a permission granted under this section conflict with the terms of an order made under section 34.1 or 47 of the Planning Act, the terms of the order shall prevail. 2022, c. 21, Sched. 2, s. 8 (11). Regulations, Minister (35) The Minister may make regulations, (a) prescribing requirements for the purposes of clause (1) (c); (b) governing permissions granted under this section including, (i) requiring that the permission be granted within a specified time period after the application is submitted to the authority, (i.1) limiting the types of conditions that an authority may attach to a permission under this section, (ii) prescribing conditions for the purposes of subsection (5), and (iii) prescribing matters for the purposes of clause (6) (c); (c) prescribing matters for the purposes of clause (17) (c); (d) governing agreements required under subsection (24) including, (i) prescribing the content of the agreements, and (ii) specifying the time within which agreements are to be concluded and signed; (e) specifying lands or development projects to which this section does not apply; (e.1) exempting lands or development projects from subsection (5), (24) or (26), subject to such conditions or restrictions as may be specified; (f) respecting anything that is necessary or advisable for the effective implementation or enforcement of this section. 2020, c. 36, Sched. 6, s. 15 (1); 2022, c. 21, Sched. 2, s. 8 (12, 13). Regulations, Lieutenant-Governor in Council (36) The Lieutenant-Governor in Council may make regulations governing Minister’s reviews requested under subsection (9) and appeals under subsections (19) and (20) and specifying circumstances in which a review may not be requested or an appeal may not be made. 2020, c. 36, Sched. 6, s. 15 (1). General or particular (37) A regulation made under subsection (35) or (36) may be general or particular in its application. 2020, c. 36, Sched. 6, s. 15 (1). Transition (38) This section applies to an application for permission to carry out a development project that was submitted to an authority before the day this section came into force if the conditions described in clauses (1) (a), (b) and (c) have been satisfied as of that day. 2020, c. 36, Sched. 6, s. 15 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.0.1 of the Act is repealed. (See: 2020, c. 36, Sched. 6, s. 15 (2)) Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 15 (1) - 08/12/2020; 2020, c. 36, Sched. 6, s. 15 (2) - not in force 2021, c. 4, Sched. 6, s. 39 (12) - 01/06/2021 2022, c. 21, Sched. 2, s. 8 (1-13) - 28/11/2022 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 23, Sched. 4, s. 25) Permits 28.1 (1) An authority may issue a permit to a person to engage in an activity specified in the permit that would otherwise be prohibited by section 28, if, in the opinion of the authority, (a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or pollution or the conservation of land; Note: On the day section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, clause 28.1 (1) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 9 (1)) (a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) the activity is not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; and (c) any other requirements that may be prescribed by the regulations are met. 2017, c. 23, Sched. 4, s. 25. Application for permit (2) A person who wishes to engage in an activity that is prohibited under section 28 in an area situated in the jurisdiction of an authority may apply to the authority for a permit under this section. 2017, c. 23, Sched. 4, s. 25. Same (3) An application for a permit shall be made in accordance with the regulations and include such information as is required by regulation. 2017, c. 23, Sched. 4, s. 25. Conditions (4) Subject to subsection (5), an authority may issue a permit with or without conditions. 2017, c. 23, Sched. 4, s. 25. Hearing (5) An authority shall not refuse an application for a permit or attach conditions to a permit unless the applicant for the permit has been given an opportunity to be heard by the authority. 2017, c. 23, Sched. 4, s. 25. Renewable energy projects (6) In the case of an application for a permit to engage in development related to a renewable energy project as defined in subsection 2 (1) of the Electricity Act, 1998, (a) the authority shall not refuse the permit unless it is of the opinion that it is necessary to do so to control pollution, flooding, erosion or dynamic beaches; and Note: On the day section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, clause 28.1 (6) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 9 (2)) (a) the authority shall not refuse the permit unless it is of the opinion that it is necessary to do so to control flooding, erosion, dynamic beaches or unstable soil or bedrock; and (b) despite subsection (4), the authority shall not impose conditions on the permit unless the conditions relate to controlling pollution, flooding, erosion or dynamic beaches. 2017, c. 23, Sched. 4, s. 25; 2018, c. 16, s. 3 (2). Note: On the day section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, clause 28.1 (6) (b) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 9 (2)) (b) despite subsection (4), the authority shall not attach conditions to the permit unless the conditions relate to controlling flooding, erosion, dynamic beaches or unstable soil or bedrock. Reasons for decision (7) If the authority, after holding a hearing, refuses a permit or issues the permit subject to conditions, the authority shall give the applicant written reasons for the decision. 2017, c. 23, Sched. 4, s. 25. Appeal (8) An applicant who has been refused a permit or who objects to conditions imposed on a permit may, within 30 days of receiving the reasons under subsection (7), appeal to the Minister who may, (a) refuse the permit; or (b) order the authority to issue the permit, with or without conditions. 2017, c. 23, Sched. 4, s. 25. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.1 (8) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 16 (2)) Request for Minister’s review (8) Subject to the regulations, where the authority refuses a permit or imposes any conditions on a permit to which the applicant objects, the applicant may, within 15 days of receiving reasons for the authority’s decision, submit a request to the Minister for the Minister to review the authority’s decision. 2020, c. 36, Sched. 6, s. 16 (2). Definition (9) In this section, “pollution” means pollution as defined by regulation. 2017, c. 23, Sched. 4, s. 25. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.1 (9) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 16 (2)) Reply by Minister (9) Within 30 days after receiving a request under subsection (8), the Minister shall reply to the request and indicate in writing to the applicant and the authority whether or not the Minister intends to conduct a review of the authority’s decision.  Failure on the part of the Minister to reply to a request within the 30 day period is deemed to be an indication that the Minister does not intend to review the authority’s decision. 2020, c. 36, Sched. 6, s. 16 (2). Same (10) If a reply given under subsection (9) indicates that the Minister intends to conduct a review, the Minister may in the reply require the applicant and the authority to provide the Minister with such information as the Minister considers necessary to conduct the review. 2020, c. 36, Sched. 6, s. 16 (2). Information (11) The applicant and the authority shall submit to the Minister such information as was specified in the reply given under subsection (9) within the time period specified in the reply. 2020, c. 36, Sched. 6, s. 16 (2). Publication of notice of review (12) The Minister shall publish on the Environmental Registry notice of the Minister’s intention to review a decision made by an authority and shall do so within 30 days of giving a reply to that effect under subsection (9). 2020, c. 36, Sched. 6, s. 16 (2). No hearing required (13) The Minister is not required to hold a hearing while conducting a review of an authority’s decision. 2020, c. 36, Sched. 6, s. 16 (2). Conferring with persons, etc. (14) Before making a decision with respect to a review, the Minister may confer with any person or body that the Minister considers may have an interest in the review. 2020, c. 36, Sched. 6, s. 16 (2). Minister’s decision (15) After conducting a review of an authority’s decision, the Minister may confirm or vary the authority’s decision or make any decision that the Minister considers appropriate, including issuing the permit subject to conditions. 2020, c. 36, Sched. 6, s. 16 (2). Same (16) The Minister shall base any decision under subsection (15) on the criteria set out in clauses (1) (a), (b) and (c). 2020, c. 36, Sched. 6, s. 16 (2). Reasons (17) If, upon conducting a review of an authority’s decision, the Minister decides to refuse to issue a permit or to issue a permit subject to conditions, the Minister shall give the applicant and the authority written reasons for the decision. 2020, c. 36, Sched. 6, s. 16 (2). Copy to authority (18) If the Minister issues a permit under subsection (15), the Minister shall give a copy of the permit to the authority within five days after the permit is issued. 2020, c. 36, Sched. 6, s. 16 (2). Decision final (19) A decision made by the Minister under subsection (15) is final. 2020, c. 36, Sched. 6, s. 16 (2). Appeal to Tribunal (20) Within 90 days after receiving the reasons for the authority’s decision under subsection (7), the applicant may appeal the authority’s decision to the Local Planning Appeal Tribunal, subject to subsection (21). 2020, c. 36, Sched. 6, s. 16 (2). Exception (21) An applicant who submitted a request under subsection (8) for the Minister to conduct a review of an authority’s decision shall not appeal the decision to the Local Planning Appeal Tribunal under subsection (20) unless, (a) the Minister’s reply under subsection (9) indicated that the Minister refused to conduct the review; or (b) 30 days have elapsed following the day the applicant submitted the request for a Minister’s review and the Minister has not made a reply under subsection (9). 2020, c. 36, Sched. 6, s. 16 (2). Appeal, no decision by authority (22) If an application for a permit is made to the authority and the application complies with subsection (3), and if the authority fails to give the applicant notice of a decision with respect to the application within 120 days after the application is made, the applicant may appeal the application directly to the Local Planning Appeal Tribunal. 2020, c. 36, Sched. 6, s. 16 (2). Note: On the day section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, subsection 28.1 (22) of the Act is amended by striking out “120” and substituting “90”. (See: 2022, c. 21, Sched. 2, s. 9 (3)) Appeal, no decision by Minister (23) If the Minister indicates in a reply given under subsection (9) that the Minister intends to review an authority’s decision and the Minister fails to make a decision within 90 days of giving the reply, the applicant may, within the next 30 days, appeal the authority’s decision directly to the Local Planning Appeal Tribunal. 2020, c. 36, Sched. 6, s. 16 (2). Notice of Appeal (24) A notice of an appeal under subsection (20), (22) or (23) shall be sent to the Local Planning Appeal Tribunal and to the authority by registered mail. 2020, c. 36, Sched. 6, s. 16 (2). Hearing by Tribunal (25) The Local Planning Appeal Tribunal shall fix a date for a hearing of an appeal under subsection (20), (22) or (23), give notice to all interested parties and give all necessary direction for the hearing. 2020, c. 36, Sched. 6, s. 16 (2). Powers of the Tribunal (26) The Local Planning Appeal Tribunal has authority to take evidence, to refuse the permit or to order the authority to issue the permit, with or without conditions. 2020, c. 36, Sched. 6, s. 16 (2). Note: On the later of the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021 comes into force and the day subsection 16 (2) of Schedule 6 to the
Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, section 28.1 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 39 (13)) Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 - not in force 2018, c. 16, s. 3 (2) - 01/01/2019 2020, c. 36, Sched. 6, s. 16 (1) - no effect - see 2022, c. 21, Sched. 2, s. 15 - 28/11/2022; 2020, c. 36, Sched. 6, s. 16 (2) - not in force 2021, c. 4, Sched. 6, s. 39 (13) - not in force 2022, c. 21, Sched. 2, s. 9 (1-3) - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2020, c. 36, Sched. 6, s. 17) Permits issued by Minister Minister’s order 28.1.1 (1) Despite subsection 28.1 (1) and subject to the regulations, the Minister may, by order, (a) direct an authority not to issue a permit to a person who wishes to engage in a specified activity that, without the permit, would be prohibited under section 28 in the area of jurisdiction of the authority; or (b) direct the authorities that are specified in the order not to issue permits to persons who may wish to engage in a type or class of activity described in the order that, without the permit, would be prohibited under section 28 and to continue to refrain from doing so for such period as may be specified in the order. 2020, c. 36, Sched. 6, s. 17. Minister’s power (2) If an order is made under subsection (1), the Minister has the power to issue a permit to engage in any activity described in the order that would otherwise be prohibited under section 28 if, in the Minister’s opinion, the criteria described in clauses 28.1 (1) (a), (b) and (c) are satisfied. 2020, c. 36, Sched. 6, s. 17. Same (3) An order made under clause (1) (a) may be made either before or after an application for a permit has been submitted to the relevant authority. 2020, c. 36, Sched. 6, s. 17. Same (4) An order made under clause (1) (b) may provide that it applies to activities even if applications for permits have been submitted to the relevant authorities and decisions with respect to the applications are currently pending. 2020, c. 36, Sched. 6, s. 17. Notice of order (5) Notice of an order made under subsection (1) shall be, (a) given to every authority that is directed by the order not to issue one or more permits; (b) given to any person who submitted an application for the permits in question before the order was made where the application is still pending; and (c) posted on the Environmental Registry within 30 days of being made. 2020, c. 36, Sched. 6, s. 17. Information forwarded to Minister (6) If an application for a permit to engage in an activity is submitted to an authority under section 28.1 before the day an order is made under this section directing the authority to not issue such a permit, (a) the authority shall forward to the Minister all documents and information relating to the application that were submitted by the applicant and shall do so within the time period set out in the order, if any; and (b) the applicant shall forward to the Minister such further information as the Minister may specify in the order and shall do so within the time period set out in the order, if any. 2020, c. 36, Sched. 6, s. 17. Application to Minister (7) If an order is made under this section that prevents an authority from issuing a permit to engage in an activity in circumstances where an application for such a permit has not yet been submitted to the authority but may be submitted in the future, (a) any person who wishes to engage in the activity shall submit to the Minister, (i) an application for a permit to do so that includes such information as may be specified in the regulation, (ii) a fee in the same amount as the fee that the person would have paid to the authority had the application been submitted to the authority, and (iii) any information that the Minister believes is necessary to make a determination with respect to the issuance of the permit and that may be specified in the order; and (b) if the authority receives an application for such a permit after the day the order is made, the authority shall direct the applicant to submit the application in accordance with clause (a). 2020, c. 36, Sched. 6, s. 17. Conferring with persons, etc. (8) Before making a decision with respect to an application for a permit, the Minister may confer with any person or body that the Minister considers may have an interest in the application. 2020, c. 36, Sched. 6, s. 17. Conditions (9) The Minister may issue a permit subject to such conditions as the Minister determines are appropriate. 2020, c. 36, Sched. 6, s. 17. Reasons (10) If the Minister refuses a permit or issues a permit subject to conditions, the Minister shall give the applicant written reasons for the decision and shall provide a copy of the reasons to the relevant authority. 2020, c. 36, Sched. 6, s. 17. Copy to authority (11) If the Minister issues a permit under this section, the Minister shall give a copy of the permit to the authority that has jurisdiction over the watershed for which the permit is valid within five days after the permit is issued. 2020, c. 36, Sched. 6, s. 17. Decision final (12) A decision made by the Minister with respect to an application for a permit is final. 2020, c. 36, Sched. 6, s. 17. Appeal (13) If an application for a permit is made or forwarded to the Minister under this section and the application complies with the requirements of subsection 28.1 (3) or clause (7) (a) of this section, as the case may be, and if the Minister fails to give the applicant notice of a decision with respect to the application within 90 days after the application is made, the applicant may appeal the application directly to the Local Planning Appeal Tribunal. 2020, c. 36, Sched. 6, s. 17. Same (14) Subsections 28.1 (24), (25) and (26) apply with necessary modifications to an appeal to the Local Planning Appeal Tribunal made under subsection (13). 2020, c. 36, Sched. 6, s. 17. Note: On the later of the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021
comes into force and the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, section 28.1.1 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 39 (14)) Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 17 - not in force 2021, c. 4, Sched. 6, s. 39 (14) - not in force Mandatory permits, zoning orders 28.1.2 (1) This section applies to any application submitted to an authority under section 28.1 for a permit to carry out a development project in the authority’s area of jurisdiction if, (a) a zoning order has been made by the Minister of Municipal Affairs and Housing under section 47 of the Planning Act authorizing the development project under that Act; Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 28.1.2 (1) (a) of the Act is revoked and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (1)) (a) an order has been made by the Minister of Municipal Affairs and Housing under section 34.1 or 47 of the
Planning Act authorizing the development project under that Act; (b) the lands in the authority’s area of jurisdiction on which the development project is to be carried out are not located in the Greenbelt Area designated under section 2 of the Greenbelt Act, 2005; and (c) such other requirements as may be prescribed are satisfied. 2020, c. 36, Sched. 6, s. 17. Definition (2) In this section, “development project” means a development project that includes any development activity as defined in subsection 28 (5) and any other act or activity that, without a permit issued under this section or section 28.1, would be prohibited under section 28. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, the definition of “development project” in subsection 28.1.2 (2) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (2)) “development project” means development activity as defined in subsection 28 (5) or any other act or activity that, without a permit issued under this section or section 28.1, would be prohibited under section 28. Permit to be issued (3) Subject to the regulations, an authority that receives an application for a permit to carry out a development project in the authority’s area of jurisdiction shall issue the permit if all of the requirements in clauses (1) (a), (b) and (c) are satisfied. 2020, c. 36, Sched. 6, s. 17. Same (4) For greater certainty, an authority shall not refuse to issue a permit to carry out a development project under subsection (3) despite, (a) the prohibitions in subsection 28 (1) and the fact that the development project may not meet the criteria for issuing a permit under subsection 28.1 (1); and (b) anything in subsection 3 (5) of the Planning Act. 2020, c. 36, Sched. 6, s. 17. Conditions prescribed by regulations (5) A permission granted under this section is subject to such conditions as may be prescribed. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (5) of the Act is amended by striking out “permission” and substituting “permit”. (See: 2022, c. 21, Sched. 2, s. 10 (3)) Conditions specified by authority (6) Subject to subsection (7), an authority may attach conditions to the permit, including conditions to mitigate, (a) any effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or pollution or the conservation of land; Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 28.1.2 (6) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (4)) (a) any effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) any conditions or circumstances created by the development project that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; or (c) any other matters that may be prescribed by regulation. 2020, c. 36, Sched. 6, s. 17. Hearing (7) An authority shall not attach conditions to a permit unless the applicant for the permit has been given an opportunity to be heard by the authority. 2020, c. 36, Sched. 6, s. 17. Reasons for conditions (8) If, after holding a hearing, an authority issues a permit subject to conditions, the authority shall give the permit holder written reasons for deciding to attach the conditions. 2020, c. 36, Sched. 6, s. 17. Request for Minister’s review (9) A permit holder who objects to the conditions proposed in the reasons given under subsection (8) may, within 15 days of the reasons being given, submit a request to the Minister for the Minister to review the proposed conditions, subject to the regulations. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (9) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (5)) Request for Minister’s review (9) A permit holder who objects to any conditions attached to the permit by an authority may, within 15 days of the reasons being given under subsection (8), submit a request to the Minister for the Minister to review the conditions, subject to the regulations. 2022, c. 21, Sched. 2, s. 10 (5). Minister’s review (10) Subsections 28.1 (9) to (14) apply with necessary modifications to a Minister’s review conducted pursuant to a request made under subsection (9). 2020, c. 36, Sched. 6, s. 17. Minister’s decision (11) After conducting a review of an authority’s decision, the Minister may confirm or vary the conditions that the authority proposes to attach to a permit, including removing conditions or requiring that such additional conditions be attached to the permit as the Minister considers appropriate. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (11) of the Act is amended by striking out “conditions that the authority proposes to attach to a permit” and substituting “conditions attached by the authority to a permit”. (See: 2022, c. 21, Sched. 2, s. 10 (6)) Same (12) In making a decision under subsection (11), the Minister shall consider, (a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or pollution or the conservation of land; Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 28.1.2 (12) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (7)) (a) effects the development project is likely to have on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) conditions or circumstances created by the development project that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; or (c) any other matters as may be prescribed by the regulations. 2020, c. 36, Sched. 6, s. 17. Decision final (13) A decision made by the Minister under subsection (11) is final. 2020, c. 36, Sched. 6, s. 17. Appeal (14) A permit holder who objects to the conditions proposed by an authority in the reasons given under subsection (8) may, within 90 days of the reasons being issued, appeal to the Local Planning Appeal Tribunal to review the conditions if, Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (14) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2022, c. 21, Sched. 2, s. 10 (8)) Appeal (14) A permit holder who objects to any conditions attached to the permit by an authority may, within 90 days of the reasons being given under subsection (8), appeal to the Local Planning Appeal Tribunal to review the conditions if, (a) the permit holder has not submitted a request under subsection (9) to the Minister to review the conditions; or (b) the permit holder has submitted a request to the Minister to review the conditions under subsection (9) and, (i) 30 days have elapsed following the day the permit holder submitted the request and the Minister did not make a reply in accordance with subsection 28.1 (9), or (ii) the Minister made a reply in accordance with subsection 28.1 (9) indicating that the Minister refused to conduct the review. 2020, c. 36, Sched. 6, s. 17. Same (15) If the Minister indicates in a reply given in accordance with subsection 28.1 (9) that the Minister intends to review an authority’s decision and the Minister fails to make a decision within 90 days of giving the reply, the permit holder may, within the next 30 days, appeal the conditions proposed by the authority directly to the Local Planning Appeal Tribunal. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (15) of the Act is amended by striking out “proposed” and substituting “attached”. (See: 2022, c. 21, Sched. 2, s. 10 (9)) Same (16) Subsections 28.1 (24), (25) and (26) apply with necessary modifications to an appeal made under subsection (14) or (15). 2020, c. 36, Sched. 6, s. 17. Agreement (17) An authority that issues a permit to carry out a development project under this section shall enter into an agreement with respect to the development project with the permit holder and the authority and the permit holder may add a municipality or such other person or entity as they consider appropriate as parties to the agreement. 2020, c. 36, Sched. 6, s. 17. Content of agreement (18) An agreement under subsection (17) shall set out actions or requirements that the permit holder must complete or satisfy in order to compensate for ecological impacts and any other impacts that may result from the development project. 2020, c. 36, Sched. 6, s. 17. Limitation on development (19) No person shall begin a development project until an agreement required under subsection (17) has been entered into. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, section 28.1.2 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 2, s. 10 (10)) Same (19.1) If a regulation made under subsection 40 (4) provides that a development project may begin prior to entering into an agreement under subsection (17), but an agreement is not entered into by the date identified in the regulation, no person shall carry out the development project until such time the agreement is entered into. 2022, c. 21, Sched. 2, s. 10 (10). Conflict (20) If the conditions in a permit issued under this section conflict with the terms of a zoning order made under section 47 of the Planning Act, the terms of the zoning order shall prevail. 2020, c. 36, Sched. 6, s. 17. Note: On the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subsection 28.1.2 (20) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 10 (11)) Conflict (20) If the conditions attached to a permit issued under this section conflict with the terms of an order made under section 34.1 or 47 of the Planning Act, the terms of the order shall prevail. 2022, c. 21, Sched. 2, s. 10 (11). Note: On the later of the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021
comes into force and the day section 17 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, section 28.1.2 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 39 (14)) Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 17 - not in force 2021, c. 4, Sched. 6, s. 39 (14) - not in force 2022, c. 21, Sched. 2, s. 10 (1-11) - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following sections: (See: 2017, c. 23, Sched. 4, s. 25) Period of validity 28.2 A permit shall be valid for a period to be determined in accordance with the regulations. 2017, c. 23, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 - not in force Cancellation of permits 28.3 (1) An authority may cancel a permit issued under section 28.1 if it is of the opinion that the conditions of the permit have not been met or that the circumstances that are prescribed by regulation exist. 2017, c. 23, Sched. 4, s. 25. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 28.3 (1) of the Act is amended by striking out “section 28.1” and substituting “section 28.1 or 28.1.1”. (See: 2020, c. 36, Sched. 6, s. 18 (1)) Notice (2) Before cancelling a permit, an authority shall give a notice of intent to cancel to the permit holder indicating that the permit will be cancelled on a date specified in the notice unless the holder requests a hearing under subsection (3). 2017, c. 23, Sched. 4, s. 25. Request for hearing (3) Within 15 days of receiving a notice of intent to cancel a permit from the authority, the permit holder may submit a written request for a hearing to the authority. 2017, c. 23, Sched. 4, s. 25. Hearing (4) The authority shall set a date for the hearing and hold the hearing within a reasonable time after receiving a request for a hearing. 2017, c. 23, Sched. 4, s. 25. Power (5) After a hearing, the authority may confirm, rescind or vary the decision to cancel a permit. 2017, c. 23, Sched. 4, s. 25. Note: On a day to be named by proclamation of the Lieutenant Governor, section 28.3 of the Act is amended by adding the following subsections: (See: 2020, c. 36, Sched. 6, s. 18 (2)) Appeal (6) If the authority confirms the cancellation of a permit or makes another order under subsection (5) to which the permit holder objects, the permit holder may, within 90 days of receiving notice of the authority’s decision, appeal the decision to the Local Planning Appeal Tribunal. 2020, c. 36, Sched. 6, s. 18 (2). Same (7) A notice of an appeal under subsection (6) shall be sent to the Local Planning Appeal Tribunal and to the authority by registered mail. 2020, c. 36, Sched. 6, s. 18 (2). Hearing (8) The Local Planning Appeal Tribunal shall fix a date for a hearing of an appeal under subsection (6), give notice to all interested parties and give all necessary direction for the hearing. 2020, c. 36, Sched. 6, s. 18 (2). Powers of the Tribunal (9) The Local Planning Appeal Tribunal has authority to take evidence, to confirm, rescind or vary the decision to cancel the permit, with or without conditions. 2020, c. 36, Sched. 6, s. 18 (2). Note: On the later of the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021
comes into force and the day subsection 18 (2) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, section 28.3 of the Act is amended by striking out “Local Planning Appeal Tribunal” wherever it appears and substituting in each case “Ontario Land Tribunal”. (See: 2021, c. 4, Sched. 6, s. 39 (15)) Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 - not in force 2020, c. 36, Sched. 6, s. 18 (1, 2) - not in force 2021, c. 4, Sched. 6, s. 39 (15) - not in force Delegation of power 28.4 An authority may delegate any of its powers relating to the issuance or cancellation of permits under this Act or the regulations, or to the holding of hearings in relation to the permits, to the authority’s executive committee or to any other person or body, subject to any limitations or requirements that may be prescribed by regulation. 2017, c. 23, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 23, Sched. 4, s. 26) Regulations: activities affecting natural resources 28.5 (1) The Lieutenant Governor in Council may make regulations with respect to activities that may impact the conservation, restoration, development or management of natural resources and that may be carried out in the areas of jurisdiction of authorities, including regulations, (a) identifying activities that have or may have an impact on the conservation, restoration, development or management of natural resources for the purposes of the regulation; (b) regulating those activities; (c) prohibiting those activities or requiring that a person obtain a permit from the relevant authority to engage in the activities in the authority’s area of jurisdiction. 2017, c. 23, Sched. 4, s. 26. Same (2) A regulation under clause (1) (c) that requires that a person obtain a permit from the relevant authority to engage in an activity described in subsection (1) may, (a) provide for applications to be made to an authority for the permit and specify the manner, content and form of the application; (b) provide for the issuance, expiration, renewal and cancellation of a permit; (c) require hearings in relation to any matter referred to in clauses (a) and (b) and specify the person before whom, or the body before which, the matter shall be heard, provide for notices and other procedural matters relating to the hearing and provide for an appeal from any decision. 2017, c. 23, Sched. 4, s. 26. Same (3) A regulation made under this section may be limited in its application to one or more authorities or activities. 2017, c. 23, Sched. 4, s. 26. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 26 - not in force