31 (1) Subject to subsection (2), where the council of a municipality intends to repeal a by-law or part thereof designating property, it shall cause notice of intention to repeal the by-law or part thereof to be given by the clerk of the municipality in accordance with subsection (3).  R.S.O. 1990, c. O.18, s. 31 (1). Consultation (2) Where the council of a municipality has appointed a municipal heritage committee, the council shall, before repealing a by-law or part thereof designating property, consult with its municipal heritage committee.  R.S.O. 1990, c. O.18, s. 31 (2); 2002, c. 18, Sched. F, s. 2 (14). Notice of intention (3) Notice of intention to repeal a by-law or part thereof under subsection (1) shall be, (a)  served on the owner of the property and on the Trust; and (b)  published in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 31 (3); 2005, c. 6, s. 1. Contents of notice (4) Notice of intention to repeal a by-law or part thereof under subsection (1) shall contain, (a)  an adequate description of the property so that it may be readily ascertained; (b)  a statement of the reason for the proposed repealing by-law; and (c)  a statement that notice of objection to the repealing by-law may be served on the clerk within thirty days of the date of publication of the notice of intention in a newspaper having general circulation in the municipality.  R.S.O. 1990, c. O.18, s. 31 (4); 1996, c. 4, s. 56 (1). Objection (5) A person who objects to a proposed repealing by-law shall, within 30 days after the date of publication of the notice of intention to repeal the by-law or part thereof, serve on the clerk of the municipality a notice of objection setting out the reasons for the objection and all relevant facts. 2019, c. 9, Sched. 11, s. 9. Consideration of objection by council (6) If a notice of objection is filed within the 30-day period under subsection (5), the council of the municipality shall consider the objection and make a decision whether or not to withdraw the notice of intention within 90 days after the end of the 30-day period under subsection (5). 2019, c. 9, Sched. 11, s. 9. Notice of withdrawal (7) If the council of the municipality decides to withdraw the notice of intention, either of its own initiative at any time or after considering an objection under subsection (6), the council shall withdraw the notice by causing a notice of withdrawal, (a)  to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust; and (b)  to be published in a newspaper having general circulation in the municipality. 2019, c. 9, Sched. 11, s. 9. If no notice of objection or no withdrawal (8) If no notice of objection is filed within the 30-day period under subsection (5) or a notice of objection is served within that period but the council decides not to withdraw the notice of intention, the council may pass a by-law repealing the by-law or part thereof designating the property and if it does so, it shall do the following: 1.  Cause the following to be served on the owner of the property, on any person who objected under subsection (5) and on the Trust: i.  A copy of the repealing by-law. ii.  A notice that any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 2, a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2.  Publish notice of the repealing by-law in a newspaper having general circulation in the municipality, which must provide that any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under this paragraph, a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 9; 2021, c. 4, Sched. 6, s. 74 (2). Appeal to Tribunal (9) Any person who objects to the repealing by-law may appeal to the Tribunal by giving the Tribunal and the clerk of the municipality, within 30 days after the date of publication under paragraph 2 of subsection (8), a notice of appeal setting out the objection to the repealing by-law and the reasons in support of the objection, accompanied by the fee charged by the Tribunal. 2019, c. 9, Sched. 11, s. 9; 2021, c. 4, Sched. 6, s. 74 (2). If no notice of appeal (10) If no notice of appeal is given within the time period specified in subsection (9), (a)  the repealing by-law comes into force on the day following the last day of the period; (b)  the clerk shall ensure that a copy of the repealing by-law is registered against the properties affected by the repealing by-law in the appropriate land registry office and that a copy of the registered repealing by-law is served on the Trust; and (c)  the clerk shall delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 9. If notice of appeal (11) If a notice of appeal is given within the time period specified in subsection (9), the Tribunal shall hold a hearing and, before holding the hearing, shall give notice of the hearing to such persons or bodies and in such manner as the Tribunal may determine. 2019, c. 9, Sched. 11, s. 9. Same (12) If a notice of appeal is given within the time period specified in subsection (9), subsections 29 (15) to (19) apply with necessary modifications. 2019, c. 9, Sched. 11, s. 9. Forwarding of record of decision (13) If the council made a decision on the proposed repealing by-law under subsection (6) and if a notice of appeal is given to the clerk within the time period specified in subsection (9), the clerk of the municipality shall ensure that the record of the decision under subsection (6) is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. 2019, c. 9, Sched. 11, s. 9. Deletion from register (14) If a repealing by-law comes into effect under subsection 29 (18), as made applicable by subsection (12) of this section, the municipality shall cause the clerk to delete any reference to the property from the register referred to in subsection 27 (1). 2019, c. 9, Sched. 11, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 56 (1, 2) - 03/04/1996 2002, c. 18, Sched. F, s. 2 (14) - 26/11/2002 2005, c. 6, s. 1
- 28/04/2005 2009, c. 33, Sched. 11, s. 6 (7) - 15/12/2009 2019, c. 9, Sched. 11, s. 9 - 01/07/2021 2021, c. 4, Sched. 6, s. 74 (2), para. 3 - 01/07/2021