31.1 (1) The Minister may issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to transportation planning in the regional transportation area. 2009, c. 14, s. 23. Preparation of policy statement (2) In developing a transportation planning policy statement, the Minister shall, (a)  consult with any person or body whom the Minister considers may have an interest in the policy statement, including the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the Corporation, the public, First Nations in the regional transportation area, municipalities in the regional transportation area and planning authorities having jurisdiction in the regional transportation area, as and in the manner that the Minister considers appropriate; (b)  have regard to the transportation plan; and (c)  ensure that the transportation planning policy statement conforms with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area. 2009, c. 14, s. 23; 2018, c. 17, Sched. 25, s. 13 (1). Designated policies (3) A transportation planning policy statement issued by the Minister may designate one or more policies in the policy statement as designated policies. 2009, c. 14, s. 23. Effect of designated policies (4) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, that applies in the regional transportation area shall be consistent with the designated policies set out in a transportation planning policy statement. 2009, c. 14, s. 23; 2021, c. 4, Sched. 6, s. 61. Comments, advice (5) Comments, submissions or advice relating to a decision or matter described in subsection (4), 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, shall, (a)  be consistent with the designated policies set out in a transportation planning policy statement; and (b)  have regard to the other policies set out in a transportation planning policy statement. 2009, c. 14, s. 23. Exception (6) Subsection (4) does not apply to a policy statement issued under section 3 of the Planning Act or to a minister’s order under section 47 of the Planning Act. 2009, c. 14, s. 23. Municipal public works and by-laws (7) Despite any Act, no municipality in the regional transportation area or agency, board or commission of a municipality in the regional transportation area may undertake a public work or pass a by-law that conflicts with a transportation planning policy statement issued by the Minister. 2009, c. 14, s. 23. Municipalities’ transportation master plan (8) The municipal council of every single-tier and upper-tier municipality in the regional transportation area, and the municipal council of any lower-tier municipality in the regional transportation area designated by the Minister, shall adopt a transportation master plan governing transportation planning matters in the municipality in accordance with and within the time required by the regulations. 2009, c. 14, s. 23. Same (9) A municipality that is required by subsection (8) to have a transportation master plan shall ensure that its transportation master plan is and remains consistent with the Minister’s transportation planning policy statements. 2009, c. 14, s. 23. Same (10) A municipality that is required by subsection (8) to have a transportation master plan shall be guided in all transportation planning matters by its transportation master plan. 2009, c. 14, s. 23. Same (11) A transportation plan adopted by a municipality before the Minister issues his or her first transportation planning policy statement under subsection (1) does not constitute the transportation master plan required by this section. 2009, c. 14, s. 23. Consultation and public meeting (12) In the course of the preparation of a transportation master plan, a municipal council shall ensure that, (a)  the Minister, the Corporation and such other persons and bodies as the municipal council considers appropriate 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; (b)  adequate information and material, including a copy of the proposed plan, is made available to the public in the manner that the municipal council considers appropriate; and (c)  at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed plan. 2009, c. 14, s. 23. Conflicts re official plans, by-laws (13) Despite any Act, a designated policy in a transportation planning policy statement prevails in the case of conflict between the designated policy and an official plan or a zoning by-law. 2009, c. 14, s. 23. Guidelines re relationship to growth plans (14) The Minister, in conjunction with the Minister of Infrastructure, or such other member of the Executive Council to whom responsibility for the administration of the Places to Grow Act, 2005 may be assigned or transferred under the Executive Council Act, may issue guidelines to clarify the relationship between a policy in a transportation planning policy statement and a policy in a growth plan prepared and approved under the Places to Grow Act, 2005. 2009, c. 14, s. 23; 2011, c. 9, Sched. 27, s. 31 (1). Minister may amend policy statement (15) The Minister may issue an amended policy statement under subsection (1) if he or she considers it necessary to do so for any reason, including if the Corporation amends the transportation plan for the regional transportation area. 2009, c. 14, s. 23; 2018, c. 17, Sched. 25, s. 13 (2). Notice (16) Upon issuing a transportation planning policy statement or an amended transportation planning policy statement, 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 to have an interest in the statement. 2009, c. 14, s. 23. Duties of Minister unaffected (17) Except as provided in subsection (4), nothing in this section affects or restricts the Minister in carrying out the Minister’s duties and responsibilities under this or any other Act. 2009, c. 14, s. 23. Application of Environmental Assessment Act (18) Neither a transportation planning policy statement issued by the Minister under this section nor a municipality’s transportation master plan is an undertaking as defined in subsection 1 (1) of the Environmental Assessment Act, but that Act continues to apply within the municipality. 2009, c. 14, s. 23. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 31.1 (18) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 59 (1)) Non-application of Legislation Act, 2006, Part III (19) Part III (Regulations) of the Legislation Act, 2006 does not apply to a transportation planning policy statement or a guideline issued under this section. 2009, c. 14, s. 23. Definition, “public body” (20) In subsection (16), “public body” means a municipality, a corporation established
by a municipality, a local board, First Nations or a ministry, department, board, commission, agency or official of the provincial or federal government. 2009, c. 14, s. 23. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 23
- 14/05/2009 2011, c. 9, Sched. 27, s. 31 (1) - 06/06/2011 2018, c. 17, Sched. 25, s. 13 (1, 2) - 06/12/2018 2020, c. 18, Sched. 6, s. 59 (1) - not in force 2021, c. 4, Sched. 6, s. 61 - 01/06/2021