PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Site plan control area
41 (1) In this section, “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act.  R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1); 2006, c. 32, Sched. C, s. 47 (8). Exception (1.1) The definition of “development” in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.  2006, c. 23, s. 16 (1). Same (1.2) Subject to subsection (1.3), the definition of “development” in subsection (1) does not include the construction, erection or placing of a building or structure for residential purposes on a parcel of land if that parcel of land will contain no more than 10 residential units, unless the parcel of land includes any land in a prescribed area. 2022, c. 21, Sched. 9, s. 11 (1); 2023, c. 10, Sched. 6, s. 9 (1). Land lease community home (1.3) The definition of “development” in subsection (1) includes the construction, erection or placing of a land lease community home, as defined in subsection 46 (1), on a parcel of land that will contain any number of residential units. 2022, c. 21, Sched. 9, s. 11 (1). Establishment of site plan control area (2) Where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area.  R.S.O. 1990, c. P.13, s. 41 (2). Designation of site plan control area (3) A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34.  R.S.O. 1990, c. P.13, s. 41 (3). Consultation (3.1) The council may, by by-law, require applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4). 2022, c. 12, Sched. 5, s. 7 (1). Same (3.2) Where a by-law referred to in subsection (3.1) does not apply, the municipality shall permit applicants to consult with the municipality as described in that subsection. 2022, c. 12, Sched. 5, s. 7 (1). Prescribed information (3.3) If information or materials are prescribed for the purposes of this section, an applicant shall provide the prescribed information and material to the municipality. 2022, c. 12, Sched. 5, s. 7 (1). Other information (3.4) A municipality may require that an applicant provide any other information or material that the municipality considers it may need, but only if the official plan contains provisions relating to requirements under this subsection. 2022, c. 12, Sched. 5, s. 7 (1). Refusal and timing (3.5) Until the municipality has received the plans and drawings referred to in subsection (4), the information and material required under subsections (3.3) and (3.4), if any, and any fee under section 69, (a) the municipality may refuse to accept or further consider the application; and (b) the time period referred to in subsection (12) of this section does not begin. 2022, c. 12, Sched. 5, s. 7 (1). Response re completeness of application (3.6) Within 30 days after the applicant pays any fee under section 69, the municipality shall notify the person or public body that the plans and drawings referred to in subsection (4) and the information and material required under subsections (3.3) and (3.4), if any, have been provided, or that they have not been provided, as the case may be. 2022, c. 12, Sched. 5, s. 7 (1). Motion re dispute (3.7) Within 30 days after a negative notice is given under subsection (3.6), the applicant or municipality may make a motion for directions to have the Tribunal determine, (a) whether the plans and drawings and the information and material have in fact been provided; or (b) whether a requirement made under subsection (3.4) is reasonable. 2022, c. 12, Sched. 5, s. 7 (1). Same (3.8) If the municipality does not give any notice under subsection (3.6), the applicant may make a motion under subsection (3.7) at any time after the 30-day period described in subsection (3.6) has elapsed. 2022, c. 12, Sched. 5, s. 7 (1). Final determination (3.9) The Tribunal’s determination under subsection (3.7) is not subject to appeal or review. 2022, c. 12, Sched. 5, s. 7 (1). Approval of plans or drawings (4) No person shall undertake any development in an area designated under subsection (2) unless the authorized person referred to in subsection (4.0.1) or, where an appeal has been made under subsection (12), the Tribunal has approved one or both, as the authorized person may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a), including facilities designed to have regard for accessibility for persons with disabilities. 2. Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 dwelling units, which drawings are sufficient to display, (a) the massing and conceptual design of the proposed building; (b) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access; (c) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings; (d) matters relating to building construction required under a by-law referred to in section 97.1 of the Municipal Act, 2001, (d.1) matters relating to exterior access to each building that will contain affordable housing units or to any part of such building, but only to the extent that it is a matter of exterior design, if the municipal by-law passed under subsection (2) and the official plan to which the by-law gives effect both include provisions relating to policies described in subsection 16 (4) and both include requirements or standards for exterior access to buildings that will contain affordable housing units; (e) the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality; and (f) facilities designed to have regard for accessibility for persons with disabilities.  R.S.O. 1990, c. P.13, s. 41 (4); 2002, c. 9, s. 56 (1); 2006, c. 23, s. 16 (3, 4); 2009, c. 33, Sched. 21, s. 10 (9); 2016, c. 25, Sched. 4, s. 5; 2017, c. 23, Sched. 5, s. 80; 2022, c. 12, Sched. 5, s. 7 (2); 2022, c. 21, Sched. 9, s. 11 (2). Authorized person (4.0.1) A council that passes a by-law under subsection (2) shall appoint an officer, employee or agent of the municipality as an authorized person for the purposes of subsection (4). 2022, c. 12, Sched. 5, s. 7 (3). Exclusions from site plan control (4.1) The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control: 1. Interior design. 1.1 Exterior design, except to the extent that it is a matter relating to exterior access to a building that will contain affordable housing units or to any part of such a building or is a matter referred to in subparagraph 2 (d) of subsection (4). 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4). 3. The manner of construction and standards for construction. 2006, c. 23, s. 16 (5); 2022, c. 21, Sched. 9, s. 11 (3). Same (4.1.1) The appearance of the elements, facilities and works on the land or any adjoining highway under a municipality’s jurisdiction is not subject to site plan control, except to the extent that the appearance impacts matters of health, safety, accessibility, sustainable design or the protection of adjoining lands. 2022, c. 21, Sched. 9, s. 11 (4). Dispute about scope of site plan control (4.2) The owner of land or the municipality may make a motion for directions to have the Tribunal determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control. 2017, c. 23, Sched. 5, s. 96. Final determination (4.3) The Tribunal’s determination under subsection (4.2) is not subject to appeal or review.  2006, c. 23, s. 16 (5); 2017, c. 23, Sched. 5, s. 80. Drawings for residential buildings (5) Despite the exception provided in paragraph 2 of subsection (4), the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing fewer than 25 dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2) as an area wherein such drawings may be required.  R.S.O. 1990, c. P.13, s. 41 (5). Proviso (6) Nothing in this section shall be deemed to confer on the municipality power to limit the height or density of buildings to be erected on the land.  R.S.O. 1990, c. P.13, s. 41 (6); 2022, c. 12, Sched. 5, s. 7 (4). Conditions to approval of plans (7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to, (a) provide to the satisfaction of and at no expense to the municipality any or all of the following: 1. Subject to the provisions of subsections (8) and (9), widenings of highways that abut on the land. 2. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs. 3. Off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways. 4. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access. 4.1 Facilities designed to have regard for accessibility for persons with disabilities. 5. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon. 6. Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands. 7. Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material. 8. Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land. 9. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon; (b) maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of clause (a), including the removal of snow from access ramps and driveways, parking and loading areas and walkways; (c) enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (d) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (4); (c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4); (d) subject to subsection (9.1), convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way.  R.S.O. 1990, c. P.13, s. 41 (7); 1996, c. 4, s. 24 (1, 2); 2006, c. 23, s. 16 (6, 7). Where area is in upper-tier municipality (8) If an area designated under subsection (2) is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to, (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following: (i) subject to subsection (9), widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land, (ii) subject to the Public Transportation and Highway Improvement Act, where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs, (iii) where the land abuts a highway under the jurisdiction of the upper-tier municipality, offstreet vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways, (iv) where the land abuts a highway under the jurisdiction of the upper-tier municipality, grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land, (v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities; (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (c) and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas; (c) subject to subsection (9.1), convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way.  2002, c. 17, Sched. B, s. 14 (2); 2006, c. 23, s. 16 (8). Widening must be described in official plan (9) An owner may not be required to provide a highway widening under paragraph 1 of clause (7) (a) or under paragraph 1 of clause (8) (a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described.  R.S.O. 1990, c. P.13, s. 41 (9). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41 (9) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 9, s. 11 (5)) Limitations on requirement to widen highway (9) An owner may not be required by a municipality, under paragraph 1 of clause (7) (a), or by an upper-tier municipality with planning responsibilities, under subclause (8) (a) (i), to provide a highway widening unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described. 2022, c. 21, Sched. 9, s. 11 (5). Limitation (9.1) An owner of land may not be required to convey land under clause (7) (d) or (8) (c) unless the public transit right of way to be provided is shown on or described in an official plan.  1994, c. 23, s. 24 (3); 1996, c. 4, s. 24 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 41 (9.1) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 9, s. 11 (6)) Limitations on requirement to convey land (9.1) An owner of land may not be required by a municipality, under clause (7) (d), or by an upper-tier municipality with planning responsibilities, under clause (8) (c), to convey land unless the public transit right of way to be provided is shown on or described in an official plan. 2022, c. 21, Sched. 9, s. 11 (6). Registration of agreements (10) Any agreement entered into under clause (7) (c) or (c.1) or under clause (8) (b) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  R.S.O. 1990, c. P.13, s. 41 (10); 2002, c. 17, Sched. B, s. 14 (3); 2006, c. 23, s. 16 (9). Application of Municipal Act, 2001 or City of Toronto Act, 2006 (11) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to any requirements made under clauses (7) (a) and (b) and to any requirements made under an agreement entered into under clause (7) (c) or (c.1).  R.S.O. 1990, c. P.13, s. 41 (11); 2002, c. 17, Sched. B, s. 14 (4); 2006, c. 23, s. 16 (10); 2006, c. 32, Sched. C, s. 47 (9). Refund (11.1) With respect to plans and drawings referred to in subsection (4) that are received on or after July 1, 2023, with the exception of plans and drawings referred to in subsection (11.3), the municipality shall refund any fees paid pursuant to section 69 in respect of the plans and drawings in accordance with the following rules: 1. If the municipality approves the plans or drawings under subsection (4) within the time period referred to in subsection (12), the municipality shall not refund the fee. 2. If the municipality has not approved the plans or drawings under subsection (4) within the time period referred to in subsection (12), the municipality shall refund 50 per cent of the fee. 3. If the municipality has not approved the plans or drawings under subsection (4) within a time period that is 30 days longer than the time period referred to in subsection (12), the municipality shall refund 75 per cent of the fee. 4. If the municipality has not approved the plans or drawings under subsection (4) within a time period that is 60 days longer than the time period referred to in subsection (12), the municipality shall refund all of the fee. 2022, c. 12, Sched. 5, s. 7 (5); 2023, c. 10, Sched. 6, s. 9 (2). No refunds, plans and drawings received before July 1, 2023 (11.2) Any refund of fees required under subsection (11.1), as it read before the day subsection 9 (2) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came into force, with respect to plans and drawings received before July 1, 2023 shall be deemed never to have been required. 2023, c. 10, Sched. 6, s. 9 (3). Exception (11.3) Subsection (11.1) does not apply with respect to plans and drawings submitted to a municipality that, on the day that the plans and drawings are received by the municipality, is prescribed for the purposes of this subsection. 2023, c. 10, Sched. 6, s. 9 (3). Appeal to Tribunal re approval of plans or drawings (12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 60 days after they are received by the municipality, the owner may appeal the failure to approve the plans or drawings to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 13 (1); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 12, Sched. 5, s. 7 (6); 2023, c. 10, Sched. 6, s. 9 (4). Appeal to Tribunal re requirement under subs. (7) or (8) (12.0.1) If the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged by the Tribunal. 2017, c. 23, Sched. 3, s. 13 (1); 2021, c. 4, Sched. 6, s. 80 (1). Record (12.0.2) If the clerk receives a notice of appeal under subsection (12) or (12.0.1), the clerk shall ensure that the following are forwarded to the Tribunal within 15 days after the notice is filed: 1. The notice of appeal. 2. The fee. 3. The plans and drawings submitted for approval under subsection (4). 3.1 Any information or material required under subsections (3.3) and (3.4). 4. In the case of an appeal under subsection (12.0.1), documents that set out the requirements made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8), as the case may be. 2017, c. 23, Sched. 3, s. 13 (1); 2023, c. 10, Sched. 6, s. 9 (5). Hearing (12.1) The Tribunal shall hear and determine the matter in issue and determine the details of the plans or drawings and determine the requirements, including the provisions of any agreement required.  2002, c. 17, Sched. B, s. 14 (5); 2017, c. 23, Sched. 3, s. 13 (2). Classes of development, delegation (13) Where the council of a municipality has designated a site plan control area under this section, the council may, by by-law, define any class or classes of development that may be undertaken without the approval of plans and drawings otherwise required under subsection (4) or (5). 2022, c. 12, Sched. 5, s. 7 (7). Proviso (14) Section 35a of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, shall be deemed to continue in force in respect of any by-law passed under that section on or before that day.  R.S.O. 1990, c. P.13, s. 41 (14). Certain agreements declared valid and binding (15) Every agreement entered into by a municipality after the 16th day of December, 1973 and before the 22nd day of June, 1979, to the extent that the agreement deals with facilities and matters mentioned in subsection 35a (2) of The Planning Act, being chapter 349 of the Revised Statutes of Ontario, 1970, as it existed on the 21st day of June, 1979, is hereby declared to be valid and binding.  R.S.O. 1990, c. P.13, s. 41 (15). Transition (15.1) This section as it read immediately before the day subsection 7 (8) of Schedule 5 to the More Homes for Everyone Act, 2022 comes into force continues to apply with respect to plans and drawings that were submitted for approval under subsection (4) of this section before that day. 2022, c. 12, Sched. 5, s. 7 (8). Same (15.2) This section as it read immediately before July 1, 2022 continues to apply with respect to plans and drawings that were submitted for approval under subsection (4) on or after the day subsection 7 (8) of Schedule 5 to the More Homes for Everyone Act, 2022
comes into force but before July 1, 2022. 2022, c. 12, Sched. 5, s. 7 (9). Same (15.3) In respect of plans and drawings submitted for approval under subsection (4) before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force, (a) subparagraph 2 (d) of subsection (4), as it read immediately before the day subsection 11 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force, continues to apply; (b) paragraph 1.1 of subsection (4.1) does not apply; and (c) subsection (4.1.1) does not apply. 2022, c. 21, Sched. 9, s. 11 (7). City of Toronto (16) This section does not apply to the City of Toronto. 2017, c. 23, Sched. 3, s. 13 (3). Section Amendments with date in force (d/m/y) 1994, c. 4.s. 14 - 23/06/1994; 1994, c. 23, s. 24 (3) - 28/03/1995; 1996, c. 4, s. 24 (1-3) - 22/05/1996 2002, c. 9, s. 56 (1, 2)
- 01/07/2005; 2002, c. 17, Sched. B, s. 14 (1-5) - 01/01/2003 2006, c. 23, s. 16 (1-11)
- 01/01/2007; 2006, c. 32, Sched. C, s. 47 (8, 9) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (9) - 15/12/2009 2016, c. 25, Sched. 4, s. 5 - 12/04/2018 2017, c. 23, Sched. 3, s. 13 (1-3) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 96 - 03/04/2018 2021, c. 4, Sched. 6, s. 80 (1) - 01/06/2021 2022, c. 12, Sched. 5, s. 7 (1, 4, 6, 8) - 14/04/2022; 2022, c. 12, Sched. 5, s. 7 (2, 3, 7, 9) - 01/07/2022; 2022, c. 12, Sched. 5, s. 7 (5) - 01/01/2023; 2022, c. 21, Sched. 9, s. 11 (1-4, 7) - 28/11/2022; 2022, c. 21, Sched. 9, s. 11 (5, 6) - not in force 2023, c. 10, Sched. 6, s. 9 (1-5) - 08/06/2023 Conveyance of land for park purposes