hordruma/ontario_laws_and_regs huggingface dataset:
PART II LOCAL PLANNING ADMINISTRATION
Deemed council, municipality
14.8 (1) Sections 2 and 3, subsections 4 (1), (4) and (5), 5 (1), (2), (4) and (5), 6 (2), 8 (1) and (3), sections 16, 16.1, 17, 20, 21, 22, 23 and 26, subsection 51 (37) and (45), sections 62.1, 65, 66, 68 and 69 apply to a municipal planning area or a municipal planning authority, as appropriate, and the municipal planning area and municipal planning authority shall be deemed to be a municipality or a council of a municipality, respectively, for those purposes.  1994, c. 23, s. 8. (2) Repealed:  1996, c. 4, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1996, c. 4, s. 7 - 22/05/1996
PART II LOCAL PLANNING ADMINISTRATION
Upper-tier municipalities, planning functions
15 The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may, (a) assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act; or (b) provide advice and assistance to the lower-tier municipality in respect of planning matters generally.  2002, c. 17, Sched. B, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 9, s. 3) Upper-tier municipalities, planning functions 15 (1) The council of an upper-tier municipality with planning responsibilities, on such conditions as may be agreed upon with the council of a lower-tier municipality, may assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act. 2022, c. 21, Sched. 9, s. 3. Same (2) The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 2022, c. 21, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 4 - 01/01/2003 2022, c. 21, Sched. 9, s. 3 - not in force PART III   OFFICIAL PLANS Official plan
PART III OFFICIAL PLANS
Prescribed process
16.1 The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act.  1994, c. 23, s. 9. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 9 - 28/03/1995
PART III OFFICIAL PLANS
Delegation of approval authority
17.1 (1) If an upper-tier municipality is the approval authority under section 17 in respect of the approval of official plans of lower-tier municipalities, the council may by by-law delegate all or any of the authority to approve amendments to official plans to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  2002, c. 17, Sched. B, s. 6. Conditions (2) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council by by-law provides.  1994, c. 23, s. 10. Withdrawal of delegation (3) 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 requests for approval specified in the by-law or any or all requests for approval in respect of which a final disposition was not made by the committee or officer before the withdrawal.  1994, c. 23, s. 10. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 10 - 28/03/1995 2002, c. 17, Sched. B, s. 6 - 01/01/2003
PART III OFFICIAL PLANS
Recommendation of plan
18 (1) Where a plan is prepared by a planning board, the plan shall not be recommended to any council for adoption as an official plan unless it is approved by a vote of the majority of all the members of the planning board.  R.S.O. 1990, c. P.13, s. 18 (1). Submission of plan to council (2) When the plan is approved by the planning board, the board shall submit a copy thereof, certified by the secretary-treasurer of the board to be a true copy, (a) in the case of a plan prepared for a planning area, to the council of each municipality that is within the planning area; and (b) in the case of a plan prepared at the request of a single municipality, to the council of that municipality, together with a recommendation that it be adopted by the council.  R.S.O. 1990, c. P.13, s. 18 (2). Adoption of plan (3) Each council to which the plan is submitted may, subject to subsections 17 (15) to (22), by by-law adopt the plan and the clerk of each municipality, the council of which adopted the plan, shall provide the secretary-treasurer of the planning board with a certified copy of the adopting by-law and shall comply with subsections 17 (23), (32) and (33).  R.S.O. 1990, c. P.13, s. 18 (3); 1994, c. 23, s. 11 (1); 1996, c. 4, s. 11 (1); 2015, c. 26, s. 19. Submission of plan (4) When the secretary-treasurer of the planning board has received a certified copy of an adopting by-law from a majority of the councils to which the plan was submitted, he or she shall, unless it is exempt from an approval, submit the plan for approval together with each certified copy of the adopting by-law and subsections 17 (31) to (50.1) apply with necessary modifications in respect of the plan as if the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality.  1996, c. 4, s. 11 (2); 2006, c. 23, s. 10 (1). Application of subss. 17 (15-50) (5) Where a planning area consists of the whole of one or more municipalities and territory without municipal organization subsections 17 (15) to (50.1) apply, with necessary modifications, in respect of the part of the planning area that consists of territory without municipal organization as though the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality.  R.S.O. 1990, c. P.13, s. 18 (5); 1994, c. 23, s. 11 (3); 1996, c. 4, s. 11 (3); 2006, c. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 11 (1, 3) - 28/03/1995; 1996, c. 4, s. 11 (1-3) - 22/05/1996 2006, c. 23, s. 10 (1, 2)
- 01/01/2007 2015, c. 26, s. 19
- 01/07/2016
PART III OFFICIAL PLANS
Unorganized territory
19 In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk.  1996, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 12 - 22/05/1996
PART III OFFICIAL PLANS
Deemed council
19.1 Sections 34, 35 to 39 and 45 apply in respect of land within the planning area consisting of territory without municipal organization and the planning board shall be deemed to be a council of a local municipality and the secretary-treasurer of the planning board shall be deemed to be the clerk of the municipality for those purposes.  1994, c. 23, s. 12; 2022, c. 12, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 12 - 28/03/1995 2022, c. 12, Sched. 5, s. 2 - 14/04/2022
PART III OFFICIAL PLANS
Lodging of plan
20 (1) A certified copy of the official plan shall be lodged in the office of the clerk of each municipality to which the plan or any part of the plan applies. Who to lodge plan (2) The lodging required by subsection (1) shall be carried out, (a) in the case of an official plan that applies to only one municipality or part thereof or to only one municipality and territory without municipal organization, by the clerk of the municipality; and (b) in the case of an official plan that applies to more than one municipality or parts thereof, by the clerk of the municipality that has the largest population. Public inspection (3) All copies lodged under subsection (1) shall be available for public inspection during office hours.  R.S.O. 1990, c. P.13, s. 20.
PART III OFFICIAL PLANS
Amendment or repeal of plan
21 (1) Except as hereinafter provided and except where the context requires otherwise, the provisions of this Act with respect to an official plan apply, with necessary modifications, to amendments thereto or the repeal thereof, and the council of a municipality that is within a planning area may initiate an amendment to or the repeal of any official plan that applies to the municipality, and section 17 applies to any such amendment or repeal.  R.S.O. 1990, c. P.13, s. 21 (1); 2015, c. 26, s. 20 (1). Exception (2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality’s official plan only if it is a revision that is adopted in accordance with section 26. 2015, c. 26, s. 20 (2). Exception (3) Subsection 17 (36.5) applies to an amendment only if it is, (a) an amendment that has been the subject of a referral to the Tribunal for a recommendation pursuant to subsection 17 (55); or (b) a revision that is adopted in accordance with section 26. 2022, c. 12, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 13 - 28/03/1995 2015, c. 26, s. 20 (1, 2)
- 01/07/2016 2017, c. 23, Sched. 3, s. 7 - 03/04/2018 2022, c. 12, Sched. 5, s. 3 - 14/04/2022
PART III OFFICIAL PLANS
Interpretation of transitional provisions
22.1 A reference, in any Act or regulation, to the day on which a request for an official plan amendment is received shall be read as a reference to the day on which the council or planning board receives the information and material required under subsections 22 (4) and (5), if any, and any fee under section 69. 2015, c. 26, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 22
- 03/12/2015
PART III OFFICIAL PLANS
Matter of provincial interest affected by official plan
23 (1) The Minister may, by order, amend an official plan if the Minister is of the opinion that the plan is likely to adversely affect a matter of provincial interest. 2022, c. 21, Sched. 9, s. 7. Effect of order (2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority. 2022, c. 21, Sched. 9, s. 7. Non-application of Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2022, c. 21, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 15 (1, 2) - 28/03/1995 2004, c. 18, s. 5 (1, 2)
- 30/11/2004 2015, c. 26, s. 23 (1, 2) - 01/07/2016 2017, c. 23, Sched. 5, s. 80, 89 (1, 2) - 03/04/2018 2022, c. 21, Sched. 9, s. 7 - 06/04/2023
PART III OFFICIAL PLANS
Public works and by-laws to conform with plan
24 (1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith.  R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24. Pending amendments (2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect.  2006, c. 23, s. 12. Same (2.1) A by-law referred to in subsection (2), (a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and (b) is of no force and effect, if the amendment to the official plan does not come into effect.  2006, c. 23, s. 12. Preliminary steps that may be taken where proposed public work would not conform with official plan (3) Despite subsections (1) and (2), the council of a municipality may take into consideration the undertaking of a public work that does not conform with the official plan and for that purpose the council may apply for any approval that may be required for the work, carry out any investigations, obtain any reports or take other preliminary steps incidental to and reasonably necessary for the undertaking of the work, but nothing in this subsection authorizes the actual undertaking of any public work that does not conform with an official plan.  R.S.O. 1990, c. P.13, s. 24 (3). Deemed conformity (4) If a by-law is passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and, within the time limited for appeal no appeal is taken or an appeal is taken and the appeal is withdrawn or dismissed or the by-law is amended by the Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in conformity with the official plan, except, if the by-law is passed in the circumstances mentioned in subsection (2), the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect. 2017, c. 23, Sched. 5, s. 90. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 16 (2) - 28/03/1995; 1996, c. 4, s. 14 (1, 2) - 22/05/1996; 1999, c. 12, Sched. M, s. 24 - 22/12/1999 2006, c. 23, s. 12
- 01/01/2007 2017, c. 23, Sched. 5, s. 90 - 03/04/2018
PART III OFFICIAL PLANS
Acquisition of lands in accordance with provisions of plan
25 (1) If there is an official plan in effect in a municipality that includes provisions relating to the acquisition of land, which provisions have come into effect after the 28th day of June, 1974, the council may, in accordance with such provisions, acquire and hold land within the municipality for the purpose of developing any feature of the official plan, and any land so acquired or held may be sold, leased or otherwise disposed of when no longer required.  R.S.O. 1990, c. P.13, s. 25 (1); 1994, c. 23, s. 17; 1996, c. 4, s. 15. Contribution towards cost (2) Any municipality may contribute towards the cost of acquiring land under this section.  R.S.O. 1990, c. P.13, s. 25 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 17 - 28/03/1995; 1996, c. 4, s. 15 - 22/05/1996
PART III OFFICIAL PLANS
Amendments to conform to official plan
27 (1) The council of a lower-tier municipality shall amend every official plan and every by-law passed under section 34, or a predecessor of it, to conform with a plan that comes into effect as the official plan of the upper-tier municipality.  2002, c. 17, Sched. B, s. 7. Failure to make amendments (2) If the official plan of an upper-tier municipality comes into effect as mentioned in subsection (1) and any official plan or zoning by-law is not amended as required by that subsection within one year from the day the plan comes into effect as the official plan, the council of the upper-tier municipality may amend the official plan of the lower-tier municipality or zoning by-law, as the case may be, in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required.  2002, c. 17, Sched. B, s. 7. Deemed by-law (3) An amending by-law passed under subsection (2) by the council of an upper-tier municipality shall be deemed for all purposes to be a by-law passed by the council of the municipality that passed the by-law that was amended.  2002, c. 17, Sched. B, s. 7. Conflicts (4) In the event of a conflict between the official plan of an upper-tier municipality and the official plan of a lower-tier municipality, the plan of the upper-tier municipality prevails to the extent of the conflict but in all other respects the official plan of the lower-tier municipality remains in effect.  2002, c. 17, Sched. B, s. 7. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 7 - 01/01/2003 PART IV   COMMUNITY IMPROVEMENT
PART IV COMMUNITY IMPROVEMENT
Agreement re studies and development
29 (1) A municipality, with the approval of the Minister, may enter into agreement with any governmental authority or any agency thereof created by statute, for the carrying out of studies and the preparation and implementation of plans and programs for the development or improvement of the municipality. Where approval of Minister not required (2) Despite subsection (1), a municipality may enter into agreement with one or more other municipalities under subsection (1) without the approval of the Minister.  R.S.O. 1990, c. P.13, s. 29.
PART IV COMMUNITY IMPROVEMENT
Agreements for grants in aid of community improvement
30 The Minister, with the approval of the Lieutenant Governor in Council, and a municipality may enter into agreement providing for payment to the municipality on such terms and conditions and in such amounts as may be approved by the Lieutenant Governor in Council to assist in the community improvement of a community improvement project area as defined in section 28, including the carrying out of studies for the purpose of selecting areas for community improvement.  R.S.O. 1990, c. P.13, s. 30. 31 Repealed:  1997, c. 24, s. 226 (1). Note: Despite the repeal of section 31, an order made under that section is continued as an order made under the corresponding provision of the Building Code Act, 1992.  See: 1997, c. 24, ss. 226 (2), 228. Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (1) - 17/06/1998
PART IV COMMUNITY IMPROVEMENT
Grants or loans for repairs
32 (1) When a by-law under section 15.1 of the Building Code Act, 1992 is in force in a municipality, the council of the municipality may pass a by-law for providing for the making of grants or loans to the registered owners or assessed owners of lands in respect of which an order has been made under subsection 15.2 (2) of that Act to pay for the whole or any part of the cost of the repairs required to be done, or of the clearing, grading and levelling of the lands, on such terms and conditions as the council may prescribe.  R.S.O. 1990, c. P.13, s. 32 (1); 1997, c. 24, s. 226 (3). Loans collected as taxes, lien on land (2) The amount of any loan made under a by-law passed under this section, together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period fixed by the council, and such amount and interest shall, until payment thereof, be a lien or charge upon the land in respect of which the loan has been made. Registration of certificate (3) A certificate signed by the clerk of the municipality setting out the amount loaned to any owner under a by-law passed under this section, including the rate of interest thereon, together with a description of the land in respect of which the loan has been made, sufficient for registration, shall be registered in the proper land registry office against the land, and, upon repayment in full to the municipality of the amount loaned and interest thereon, a certificate signed by the clerk of the municipality showing such repayment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the loan was made is discharged.  R.S.O. 1990, c. P.13, s. 32 (2, 3). Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (3) - 17/06/1998
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
No distinction on the basis of relationship
35 (1) Repealed:  1996, c. 4, s. 21 (1). No distinction on the basis of relationship (2) The authority to pass a by-law under section 34, subsection 38 (1) or section 41 does not include the authority to pass a by-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit.  1994, c. 2, s. 43. Provision of no effect (3) A provision in a by-law passed under section 34, subsection 38 (1) or section 41 or in an order made under subsection 47 (1) is of no effect to the extent that it contravenes the restrictions described in subsection (2).  1994, c. 2, s. 43; 1996, c. 4, s. 21 (2). (4) Repealed:  1996, c. 4, s. 21 (3). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 43 - 14/07/1994; 1996, c. 4, s. 21 (1-3) - 16/11/1995
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Temporary use provisions
39 (1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law.  R.S.O. 1990, c. P.13, s. 39 (1). (1.1), (1.2) Repealed:  2002, c. 17, Sched. B, s. 11 (1). Area and time in effect (2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law.  2002, c. 17, Sched. B, s. 11 (2). Extension (3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.  R.S.O. 1990, c. P.13, s. 39 (3). Non-application of cl. 34 (9) (a) (4) Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized.  R.S.O. 1990, c. P.13, s. 39 (4). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 44 (2) - 14/07/1994 2002, c. 17, Sched. B, s. 11 (1, 2) - 01/01/2003
PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Garden suites
39.1 (1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including, (a) the installation, maintenance and removal of the garden suite; (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite.  2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7). Definition (2) In this section, “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable.  2002, c. 17, Sched. B, s. 12. Area and time in effect (3) Despite subsection 39 (2), a by-law authorizing the temporary use of a garden suite shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed 20 years from the day of the passing of the by-law.  2011, c. 6, Sched. 2, s. 7. Extension (4) Despite subsection (3), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized.  2002, c. 17, Sched. B, s. 12. Non-application (5) Upon the expiry of the period or periods of time mentioned in subsections (3) and (4), clause 34 (9) (a) does not apply so as to permit the continued use of the garden suite.  2002, c. 17, Sched. B, s. 12. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 12 - 01/01/2003 2009, c. 33, Sched. 21, s. 10 (7, 8) - 15/12/2009 2011, c. 6, Sched. 2, s. 7 - 04/05/2011