hordruma/ontario_laws_and_regs huggingface dataset:
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Minor by-laws — delegation
39.2 (1) Subject to subsection (2), the council of a local municipality may, by by-law, delegate the authority to pass by-laws under section 34 that are of a minor nature to, (a) a committee of council; or (b) an individual who is an officer, employee or agent of the municipality. 2021, c. 34, Sched. 19, s. 1. Official plan requirement (2) Subsection (1) does not apply unless there is an official plan in effect in the local municipality that specifies the types of by-laws in respect of which there may be a delegation of authority under that subsection. 2021, c. 34, Sched. 19, s. 1. Same (3) Without limiting the generality of the meaning of a by-law passed under section 34 that is of a minor nature, such by-laws may include, (a) a by-law to remove a holding symbol; and (b) a by-law to authorize the temporary use of land, buildings or structures in accordance with subsection 39 (1). 2021, c. 34, Sched. 19, s. 1. Conditions (4) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council, by by-law, provides. 2021, c. 34, Sched. 19, s. 1. Withdrawal of delegation (5) A council may, by by-law, withdraw a delegation of authority made by it under subsection (1), and the withdrawal may be in respect of one or more by-laws in respect of which a final disposition was not made before the withdrawal. 2021, c. 34, Sched. 19, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 19, s. 1 - 02/12/2021
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Agreement exempting owner from requirement to provide parking
40 (1) Where an owner or occupant of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner or occupant may enter into an agreement exempting the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the parking facilities.  R.S.O. 1990, c. P.13, s. 40 (1). Payment of money (2) An agreement entered into under subsection (1) shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption and shall set forth the basis upon which such payment is calculated.  R.S.O. 1990, c. P.13, s. 40 (2). Special account (3) All money received by a municipality under an agreement entered into under this section shall be paid into a special account and, (a) the money in that account shall be applied for the same purposes as a reserve fund established under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (b) the money in that account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be; (c) earnings derived from the investment of the money in the special account shall be paid into that account; and (d) the auditor of the municipality, in the auditor’s annual report, shall report on the activities and position of the account.  2002, c. 17, Sched. B, s. 13 (1); 2006, c. 32, Sched. C, s. 47 (6). Registration of agreement (4) An agreement entered into under this section may be registered in the proper land registry office against the land to which it applies and, when so registered, any money payable to the municipality under the agreement that has become due for payment shall have priority lien status as described in section 1 of the Municipal Act, 2001
or section 3 of the City of Toronto Act, 2006, as the case may be.  2002, c. 17, Sched. B, s. 13 (2); 2006, c. 32, Sched. C, s. 47 (7). Certificate (5) When all money payable to the municipality under an agreement registered under subsection (4) has been paid, or such agreement has been terminated, the clerk of the municipality shall, at the request of the owner of the land, provide a certificate in a form registrable in the proper land registry office, certifying that the money has been paid or that the agreement has been terminated.  R.S.O. 1990, c. P.13, s. 40 (5). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 13 (1, 2) - 01/01/2003 2006, c. 32, Sched. C, s. 47 (6, 7) - 01/01/2007
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Application of subss. 34 (12-34)
43 (1) Subsections 34 (12) to (34) do not apply to a by-law that amends a by-law only to express a word, term or measurement in the by-law in a unit of measurement set out in Schedule I of the Weights and Measures Act (Canada) in accordance with the definitions set out in Schedule II of that Act and that, (a) does not round any measurement so expressed further than to the next higher or lower multiple of 0.5 metres or 0.5 square metres, as the case may be; or (b) does not vary by more than 5 per cent any measurement so expressed.  R.S.O. 1990, c. P.13, s. 43 (1); 1993, c. 26, s. 55. Effect of amendment that conforms with subs. (1) (2) Any land, building or structure that otherwise conforms with a by-law passed under section 34 or a predecessor thereof or an order made by the Minister under section 47 or a predecessor thereof does not cease to conform with the by-law or order by reason only of an amendment to the by-law or order that conforms with subsection (1).  R.S.O. 1990, c. P.13, s. 43 (2). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 55 - 02/12/1993
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Mobile homes, land lease community homes
46 (1) In this section, “land lease community home” means any dwelling that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling, but does not include a mobile home; (“maison de communauté de terrains à bail”) “mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (“maison mobile”) “parcel of land” means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or (d.1) or clause 50 (5) (a) or (c.1). (“parcelle de terrain”) R.S.O. 1990, c. P.13, s. 46 (1); 1994, c. 4, s. 15 (1); 2022, c. 21, Sched. 9, s. 14. One mobile home per parcel of land (2) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall erect or locate or use or cause to be erected, located or used, a mobile home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person erect, locate or use or cause to be erected, located or used more than one mobile home on any such parcel of land.  R.S.O. 1990, c. P.13, s. 46 (2). One land lease community home per parcel of land (2.1) Unless otherwise authorized by a by-law in force under section 34 or an order of the Minister made under clause 47 (1) (a), or a permit issued under section 13 of the Public Lands Act, no person shall construct or erect or locate or use or cause to be constructed, erected, located or used a land lease community home except on a parcel of land as defined in subsection (1), and in no case except as otherwise so authorized shall any person construct, erect, locate or use or cause to be constructed, erected, located or used more than one land lease community home on any such parcel of land.  1994, c. 4, s. 15 (2). Saving (3) This section does not apply to prevent the continued use in the same location of any mobile home that, (a) was erected or located and in use prior to the 1st day of June, 1977; or (b) was erected or located in accordance with a building permit issued prior to the 1st day of June, 1977.  R.S.O. 1990, c. P.13, s. 46 (3). Same (4) This section does not apply to prevent the continued use in the same location of any land lease community home that, (a) was constructed, erected or located and in use prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent; or (b) was constructed, erected or located in accordance with a building permit issued prior to the day the Land Lease Statute Law Amendment Act, 1994 receives Royal Assent.  1994, c. 4, s. 15 (3). Section Amendments with date in force (d/m/y) 1994, c. 4, s. 15 (1-3) - 23/06/1994 2022, c. 21, Sched. 9, s. 14 - 28/11/2022
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Where licence, etc., not to issue
48 Despite the provisions of any other general or special Act, a licence, permit, approval or permission shall not be issued or granted nor any utility or service provided by a utilities distributor or a public or Crown agency in respect of any land, building or structure where the proposed use of the land or the erection or proposed use of the building or structure would be in contravention of section 46 or of an order made under section 47 or of a by-law passed by a planning board under section 34 or 38.  R.S.O. 1990, c. P.13, s. 48; 1994, c. 23, s. 28; 2006, c. 23, s. 20. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 28 - 28/03/1995 2006, c. 23, s. 20
- 01/01/2007
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Power of entry
49 (1) In this section, “officer” means an officer who has been assigned the responsibility of enforcing section 46, orders of the Minister made under clause 47 (1) (a) or zoning by-laws passed under section 34. Entry and inspection (2) Subject to subsection (3), where an officer believes on reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring.  R.S.O. 1990, c. P.13, s. 49 (1, 2). Where warrant required (3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant.  R.S.O. 1990, c. P.13, s. 49 (3); 1994, c. 2, s. 45 (1). Obstruction (4) No person shall obstruct or attempt to obstruct an officer or a person acting under the officer’s instructions in the exercise of a power under this section.  1994, c. 2, s. 45 (2). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 45 (1, 2) - 14/07/1994
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Search warrant
49.1 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that, (a) an offence under section 67 has been committed; and (b) the entry and search will afford evidence relevant to the commission of the offence.  1994, c. 2, s. 46; 1997, c. 24, s. 226 (7). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence. Receipt and removal (3) Anyone who seizes something under a search warrant shall, (a) give a receipt for the thing seized to the person from whom it was seized; and (b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law. Expiry (4) A search warrant shall name the date upon which it expires, which shall be not later than fifteen days after the warrant is issued. Time of execution (5) A search warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise. Other matters (6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.  1994, c. 2, s. 46. Section Amendments with date in force (d/m/y) 1994, c. 2, s. 46 - 14/07/1994; 1997, c. 24, s. 226 (7) - 17/06/1998
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Minister’s order re agreements
49.2 (1) If the Minister has directed the Provincial Land and Development Facilitator or a Deputy Facilitator appointed under subsection 12 (2) of the Ministry of Municipal Affairs and Housing Act to advise, make recommendations or perform any other functions with respect to land, the Minister may, by order, require the owner of the land to enter into one or more agreements with the Minister or with a municipality addressing any matters that the Minister considers necessary for the appropriate development of the land. 2023, c. 10, Sched. 6, s. 12. Notice to municipality (2) If the Minister requires the owner of the land to enter into an agreement with a municipality, the Minister shall inform the municipality in writing of the matters that the agreement must address. 2023, c. 10, Sched. 6, s. 12. Restrictions on use of land (3) Until the owner has entered into all agreements required by the order, no person shall, except as permitted by the order, (a) use the land other than for a purpose for which the land was lawfully used on the day the order was made; (b) erect or locate any building or structure on the land, other than a building or structure for which a permit has been issued under section 8 of the Building Code Act, 1992 on or before the day the order was made and has not been revoked under subsection 8 (10) of that Act; (c) use any buildings or structures on the land not referred to in clause (b) other than for a purpose for which the building or structure was lawfully used on the day the order was made; or (d) place or dump fill on the land, remove topsoil from the land, alter the grade of the land or destroy or injure trees on the land except if failing to do so would result in, (i) danger to the health or safety of any person, (ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or (iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2023, c. 10, Sched. 6, s. 12. Effect of order (4) An agreement required under subsection (1) may require the owner of the land to provide anything or pay for anything in excess of what the owner is required to provide or pay for under this Act, the Development Charges Act, 1997 or any other Act. 2023, c. 10, Sched. 6, s. 12. Same (5) An agreement required under subsection (1) may be registered against the land to which it applies and the Minister or the municipality, as the case may be, is entitled to enforce the provisions of that agreement against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, against any subsequent owners. 2023, c. 10, Sched. 6, s. 12. Non-application of Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2023, c. 10, Sched. 6, s. 12. Section Amendments with date in force (d/m/y) 2023, c. 10, Sched. 6, s. 12 - 08/06/2023 PART VI   SUBDIVISION OF LAND
PART VI SUBDIVISION OF LAND
Division of land by will
50.1 (1) No provision in a will that purports to subdivide land is of any effect to subdivide that land unless, irrespective of that provision, each part of the land divided could be conveyed without contravening section 50. Retroactive effect (2) Subsection (1) applies even though the will was made before the 26th day of July, 1990 unless the person who made the will died on or before that date. Tenants in common (3) If a provision in a will is of no effect to subdivide land under subsection (1), the beneficiaries that would have been entitled to the land if the provision had been effective shall hold the undivided land as tenants in common.  1991, c. 9, s. 1. (4)-(6) Repealed:  1991, c. 9, s. 1. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.13, s. 50.1 (7) - 26/07/1992; 1991, c. 9, s. 1 - 26/07/1990
PART VI SUBDIVISION OF LAND
Delegation to committee or officer
51.2 (1) If a council of a municipality is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may by by-law delegate all or any part of the authority to approve plans of subdivision to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (1). Delegation to lower-tier municipality (2) If an upper-tier council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a lower-tier municipality in respect of land situate in the lower-tier municipality.  2002, c. 17, Sched. B, s. 20 (2). Delegation (2.1) Despite subsections 74 (2) and 74.1 (1), an upper-tier council may delegate the authority to approve plans of subdivision under subsection (2) with respect to applications made before March 28, 1995.  2002, c. 17, Sched. B, s. 20 (3). Delegation to planning authority (3) If a council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a municipal planning authority in respect of land situate in the municipal planning area.  1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (4). Further delegation (4) If authority is delegated to a council under subsection (2), the council may in turn by by-law delegate all or any part of the authority to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31. Same (5) If authority is delegated to a municipal planning authority under subsection (3) or subsection 51 (14), the municipal planning authority may in turn by by-law delegate all or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31. Conditions (6) A delegation of authority made by a council or municipal planning authority under this section may be subject to such conditions as the council or municipal planning authority by by-law provides.  1994, c. 23, s. 31. Withdrawal of delegation (7) A council or a municipal planning authority may by by-law withdraw a delegation of authority made by a council or a municipal planning authority under this section and such withdrawal may be either in respect of one or more plans of subdivision specified in the by-law or any or all plans of subdivision in respect of which a final disposition was not made before the withdrawal.  1994, c. 23, s. 31. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 31 - 28/03/1995 2001, c. 9, Sched. J, s. 2 (3) - 29/06/2001 2002, c. 17, Sched. B, s. 20 (1-4) - 01/01/2003
PART VI SUBDIVISION OF LAND
Sale of lands in accordance with unregistered plan prohibited
52 (1) No person shall subdivide and offer for sale, agree to sell or sell land by a description in accordance with an unregistered plan of subdivision, but this subsection does not prohibit any person from offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect of which draft approval has been given under section 51. Definition (2) In subsection (1), “unregistered plan of subdivision” does not include a reference plan of survey under section 150 of the Land Titles Act that complies with the regulations under that Act or a plan deposited under Part II of the Registry Act in accordance with the regulations under that Act.  R.S.O. 1990, c. P.13, s. 52. Consents
PART VI SUBDIVISION OF LAND
District land division committee, delegation
55 (1) The Minister by order may constitute and appoint one or more district land division committees composed of such persons as he or she considers advisable and may by order delegate thereto the authority of the Minister to give consents under section 53, to issue certificates of cancellation under subsection 53 (45) or to issue certificates of validation under section 57 in respect of such lands situate in a territorial district as are defined in the order.  R.S.O. 1990, c. P.13, s. 55 (1); 1993, c. 26, s. 62 (1); 2021, c. 25, Sched. 24, s. 6. Conditions and withdrawal of delegation (2) A delegation made by the Minister under subsection (1) may be subject to such conditions as the Minister may by order provide and the Minister may by order withdraw any delegation.  R.S.O. 1990, c. P.13, s. 55 (2). Body corporate (2.1) A district land division committee is a body corporate.  1994, c. 23, s. 34 (1). Application of s. 44 (3) Where the Minister has delegated his or her authority to a district land division committee under subsection (1), subsections 44 (5), (6), (7), (8), (10) and (11) apply with necessary modifications.  R.S.O. 1990, c. P.13, s. 55 (3). Agreements (4) A district land division committee may enter into agreements imposed as a condition to the giving of a consent in respect of land situate in territory without municipal organization and subsection 51 (26) applies with necessary modifications to any such agreement.  R.S.O. 1990, c. P.13, s. 55 (4); 1994, c. 23, s. 34 (2). Remuneration (5) The members of a district land division committee appointed under this section shall be paid such remuneration as is provided for by the order appointing them.  R.S.O. 1990, c. P.13, s. 55 (5). Fees (6) A district land division committee may prescribe a tariff of fees for the processing of applications, which shall be designed to meet only the anticipated cost to the committee in respect of the processing of applications.  1993, c. 26, s. 62 (2). Section Amendments with date in force (d/m/y) 1993, c. 26, s. 62 (1, 2) - 02/12/1993; 1994, c. 23, s. 34 (1, 2) - 28/03/1995 2021, c. 25, Sched. 24, s. 6 - 01/01/2022
PART VI SUBDIVISION OF LAND
Land division committee
56 (1) The council of an upper-tier municipality may by by-law constitute and appoint a land division committee composed of such persons, not fewer than three, as the council considers advisable.  R.S.O. 1990, c. P.13, s. 56 (1); 2002, c. 17, Sched. B, s. 22. Application of subss. 44 (2-11) (2) Subsections 44 (2) to (11) apply, with necessary modifications, where a land division committee is constituted under subsection (1) of this section.  R.S.O. 1990, c. P.13, s. 56 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 22 - 01/01/2003