PART VI SUBDIVISION OF LAND
Plan of subdivision approvals
51 (1), (2) Repealed:  2002, c. 17, Sched. B, s. 19 (1). Minister is approval authority (3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1.  1999, c. 12, Sched. M, s. 28 (1). Deemed approval authority (3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1.  2009, c. 33, Sched. 21, s. 10 (12). Single-tier municipality (4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed.  2002, c. 17, Sched. B, s. 19 (2). Upper-tier municipality (5) Subject to subsection (6), if land is in an upper-tier municipality with an approved official plan, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (5) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 9, s. 17 (2)) Upper-tier municipality with planning responsibilities (5) Subject to subsection (6), if land is in an upper-tier municipality with planning responsibilities, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1. 2022, c. 21, Sched. 9, s. 17 (2). Timing, upper-tier as approval authority (5.1) On the day that all or part of a plan that covers all of an upper-tier municipality comes into effect as the official plan of the municipality, the upper-tier municipality is the approval authority under subsection (5).  2002, c. 17, Sched. B, s. 19 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (5.1) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 9, s. 17 (2)) Upper-tier municipality without planning responsibilities (5.1) If land is in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1. 2022, c. 21, Sched. 9, s. 17 (2). Prescribed lower-tier municipality (6) If land is in a prescribed lower-tier municipality, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3). Prescribed single-tier municipality in a territorial district (7) If land is in a prescribed single-tier municipality that is in a territorial district, the municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3). (8)-(10) Repealed:  2002, c. 17, Sched. B, s. 19 (4). Removal of power (11) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (3.1), (4), (5), (6) or (7) and the order may be in respect of the applications specified in the order or in respect of any or all applications made after the order is made.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (2); 2002, c. 17, Sched. B, s. 19 (5); 2009, c. 33, Sched. 21, s. 10 (13). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (11) of the Act is amended by striking out “accompanied by a written explanation for it” and by striking out “subsection (3.1), (4), (5), (6) or (7)” and substituting “subsection (3.1), (4), (5), (5.1), (6) or (7)”. (See: 2022, c. 21, Sched. 9, s. 17 (3)) Minister to be approval authority (12) If an order is made under subsection (11), the Minister becomes the approval authority in respect of the applications to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the council before the power was removed.  1994, c. 23, s. 30. Revocation (13) If the Minister revokes the order or part of the order made under subsection (11), the council reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applied.  1994, c. 23, s. 30; 2021, c. 25, Sched. 24, s. 3 (1). Delegation (14) If an order is made under subsection (11) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power to approve proposed plans of subdivision which was removed from the council and the municipal planning authority becomes the approval authority in respect of the applications to which the order made under this subsection relates and the delegation may be subject to such conditions as the order provides.  1994, c. 23, s. 30. Effect of revocation (15) If the Minister revokes the order or part of the order made under subsection (14), the Minister reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.  1994, c. 23, s. 30. Application (16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it.  1994, c. 23, s. 30. Consultation (16.1) The approval authority, (a) shall permit applicants to consult with it before submitting applications under subsection (16); and (b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).  2006, c. 23, s. 22 (1). Contents (17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing, (a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor; (b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts; (c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part; (d) the purpose for which the proposed lots are to be used; (e) the existing uses of all adjoining lands; (f) the approximate dimensions and layout of the proposed lots; (f.1) if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units; (g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided; (h) the availability and nature of domestic water supplies; (i) the nature and porosity of the soil; (j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided; (k) the municipal services available or to be available to the land proposed to be subdivided; and (l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (3); 2016, c. 25, Sched. 4, s. 8 (1). Other information (18) An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 22 (2). Refusal and timing (19) Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1, (a) the approval authority may refuse to accept or further consider the application; and (b) the time period referred to in subsection (34) does not begin.  2006, c. 23, s. 22 (2). Response re completeness of application (19.1) Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the local municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 22 (2); 2021, c. 25, Sched. 24, s. 3 (2). Motion re dispute (19.2) Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Tribunal determine, (a) whether the information and material have in fact been provided; or (b) whether a requirement made under subsection (18) is reasonable. 2017, c. 23, Sched. 5, s. 99 (1). Same (19.3) If the approval authority does not give any notice under subsection (19.1), the applicant may make a motion under subsection (19.2) at any time after the 30-day period described in subsection (19.1) has elapsed.  2006, c. 23, s. 22 (2). Alternative measures (19.3.1) Subject to subsection (19.3.3), if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed plans of subdivision and if the measures are complied with, clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply. 2015, c. 26, s. 31 (1); 2021, c. 25, Sched. 24, s. 3 (3). Same (19.3.2) In the course of preparing the official plan, before including alternative measures described in subsection (19.3.1), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed plans of subdivision to the prescribed persons and public bodies mentioned in clause (19.4) (a). 2015, c. 26, s. 31 (1). Restriction (19.3.3) Subsection (19.3.1) applies only in the case of an application for approval that is made to an approval authority other than the Minister. 2015, c. 26, s. 31 (1). Notice of particulars and public access (19.4) Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that, (a) the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and (b) the information and material provided under subsections (17) and (18) are made available to the public. 2021, c. 25, Sched. 24, s. 3 (4). Exception (19.4.1) Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board. 2021, c. 25, Sched. 24, s. 3 (4). Request by approval authority (19.4.2) An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public. 2021, c. 25, Sched. 24, s. 3 (4). Responsibilities (19.4.3) A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a). 2021, c. 25, Sched. 24, s. 3 (4). Final determination (19.5) The Tribunal’s determination under subsection (19.2) is not subject to appeal or review. 2017, c. 23, Sched. 5, s. 99 (1). (20)-(21.1) Repealed: 2022, c. 21, Sched. 9, s. 17 (4). (21.2) Repealed: 2019, c. 9, Sched. 12, s. 14 (1). Written submissions (22) Any person or public body may make written submissions to the approval authority before the approval authority makes its decision under subsection (31).  1994, c. 23, s. 30. Consultation (23) The approval authority may confer with the persons or public bodies that the approval authority considers may have an interest in the approval of the proposed subdivision.  1994, c. 23, s. 30. Criteria (24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to, (a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2; (b) whether the proposed subdivision is premature or in the public interest; (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (d) the suitability of the land for the purposes for which it is to be subdivided; (d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; (e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (f) the dimensions and shapes of the proposed lots; (g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; (j) the adequacy of school sites; (k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; (l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and (m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006.  1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2). Conditions (25) The approval authority may impose such conditions to the approval of a plan of subdivision as in the opinion of the approval authority are reasonable, having regard to the nature of the development proposed for the subdivision, including a requirement, (a) that land be dedicated or other requirements met for park or other public recreational purposes under section 51.1; (b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary; (b.1) that such land be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public using highways, as the approval authority considers necessary; (c) when the proposed subdivision abuts on an existing highway, that sufficient land, other than land occupied by buildings or structures, be dedicated to provide for the widening of the highway to such width as the approval authority considers necessary; (d) that the owner of the land proposed to be subdivided enter into one or more agreements with a municipality, or where the land is in territory without municipal organization, with any minister of the Crown in right of Ontario or planning board dealing with such matters as the approval authority may consider necessary, including the provision of municipal or other services; and (e) in the case of an application for approval of a description or an amendment to a description, as referred to in subsection 9 (2) of the Condominium Act, 1998, if the condominium will contain affordable housing units and if a shared facilities agreement will be entered into with respect to the condominium, whether under section 21.1 of that Act or otherwise, that the shared facilities agreement be satisfactory to the approval authority. 1994, c. 23, s. 30; 2005, c. 26, Sched. B, s. 1; 2006, c. 23, s. 22 (5); 2016, c. 25, Sched. 4, s. 8 (3). Same, exception (25.1) With respect to an application made on or after the day a regulation made pursuant to this subsection comes into force, despite subsection (25), the approval authority may not impose conditions respecting any prescribed matters. 2022, c. 12, Sched. 5. s. 9 (1). Agreements (26) A municipality or approval authority, or both, may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreements may be registered against the land to which it applies and the municipality or the approval authority, as the case may be, is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  1994, c. 23, s. 30. Land outside municipalities (27) If the land proposed to be subdivided is located in territory without municipal organization, any minister of the Crown in right of Ontario or planning board may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreement may be registered against the land to which it applies and the minister or the planning board is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of land.  1994, c. 23, s. 30. (28)-(30) Repealed:  1996, c. 4, s. 28 (5). Decision (31) The approval authority may give or refuse to give approval to a draft plan of subdivision.  1994, c. 23, s. 30. Lapse of approval (32) In giving approval to a draft plan of subdivision, the approval authority may provide that the approval lapses at the expiration of the time period specified by the approval authority, being not less than three years, and the approval shall lapse at the expiration of the time period, but if there is an appeal under subsection (39) the time period specified for the lapsing of approval does not begin until the date the Tribunal’s decision is issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (51). 2017, c. 23, Sched. 5, s. 99 (1). Extension (33) The approval authority may extend the approval for a time period specified by the approval authority, but no extension under this subsection is permissible if the approval lapses before the extension is given, even if the approval has been deemed not to have lapsed under subsection (33.1). 2022, c. 12, Sched. 5. s. 9 (2). Deemed not to have lapsed (33.1) If an approval of a plan of subdivision lapses before an extension is given, the approval authority may deem the approval not to have lapsed unless, (a) five or more years have passed since the approval lapsed; (b) the approval has previously been deemed not to have lapsed under this subsection; or (c) an agreement had been entered into for the sale of the land by a description in accordance with the draft approved plan of subdivision. 2022, c. 12, Sched. 5. s. 9 (2). Same (33.2) Before an approval is deemed not to have lapsed under subsection (33.1), the owner of the land proposed to be subdivided shall provide the approval authority with an affidavit or sworn declaration certifying that no agreement had been entered into for the sale of any land by a description in accordance with the draft approved plan of subdivision. 2022, c. 12, Sched. 5. s. 9 (2). Same, new time period (33.3) If an approval authority deems an approval not to have lapsed under subsection (33.1), the approval authority shall provide that the approval lapses at the expiration of the time period specified by the approval authority. 2022, c. 12, Sched. 5. s. 9 (2). Appeal to Tribunal (34) If an application is made for approval of a plan of subdivision and the approval authority fails to make a decision under subsection (31) on it within 120 days after the day the application is received by the approval authority, the applicant may appeal to the Tribunal with respect to the proposed subdivision by filing a notice with the approval authority, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (6); 2004, c. 18, s. 8; 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (2); 2021, c. 4, Sched. 6, s. 80 (1). Consolidated hearing (34.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired. 2021, c. 4, Sched. 6, s. 80 (7). Record (35) An approval authority that receives a notice of appeal under subsection (34) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (7); 2017, c. 23, Sched. 5, s. 99 (2); 2021, c. 25, Sched. 24, s. 3 (7). Exception (35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority is not required to forward the materials described under clause (35) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (2); 2017, c. 23, Sched. 5, s. 99 (3). Where all appeals withdrawn (35.2) If all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority may proceed to make a decision under subsection (31).  1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (3). Withdrawal (36) If an appeal under subsection (34) is withdrawn, the Tribunal shall notify the approval authority and the approval authority may proceed to make a decision under subsection (31).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 80. Notice (37) If the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it in the prescribed manner to, (a) the applicant; (b) each person or public body that made a written request to be notified of the decision; (c) a municipality or a planning board for a planning area in which the land to be subdivided is situated; and (d) any other person or public body that is prescribed. 2015, c. 26, s. 31 (4). Contents (38) The notice under subsection (37) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (38.1) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 31 (4). Written and oral submissions (38.1) Clause (38) (a) applies to, (a) any written submissions relating to the draft plan of subdivision that were made to the approval authority before its decision; and (b) any oral submissions relating to the draft plan of subdivision that were made at a public meeting. 2015, c. 26, s. 31 (4). Exception (38.2) If the notice under subsection (37) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (38) (a) is not required. 2015, c. 26, s. 31 (4). (38) Repealed:  1996, c. 4, s. 28 (9). Appeal (39) Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 2.1 A specified person who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (8); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (3, 4); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (39.1) Despite subsection (39), there is no appeal in respect of a part of the decision, or a condition, that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (4). Exception re Minister (39.2) Subsection (39.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (4). Notice completed (40) For the purpose of subsections (39) and (49), the giving of written notice shall be deemed to be completed, (a) where notice is given by personal service, on the day that the serving of all required notices is completed; (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed; (b) where notice is given by mail, on the day that the mailing of all required notices is completed; and (c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.  1994, c. 23, s. 30; 2015, c. 26, s. 31 (5). No appeal (41) If no appeal is filed under subsection (39) or (48), subject to any other right of appeal that may be exercised under this section and subject to subsection (44), the decision of the approval authority to give or to refuse to give approval to a draft plan of subdivision shall be deemed to have been made on the day after the last day for appealing the decision.  1994, c. 23, s. 30. Declaration (42) A sworn declaration by an employee of the approval authority that notice was given as required by subsection (37) or (45) or that no notice of appeal was filed under subsection (39) or (48) within the time allowed for appeal is conclusive evidence of the facts stated in it.  1994, c. 23, s. 30. Appeal (43) At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 2.1 A specified person who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any public body.  2006, c. 23, s. 22 (9); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (5); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (43.1) Despite subsection (43), there is no appeal in respect of a condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (5). Exception re Minister (43.2) Subsection (43.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (5). Withdrawal of approval (44) The approval authority may, in its discretion, withdraw the approval of a draft plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision under subsection (58).  1994, c. 23, s. 30. Notice (45) If the approval authority changes the conditions to the approval of a plan of subdivision under subsection (44) after notice has been given under subsection (37), the approval authority shall, within 15 days of its decision, give written notice of the changes in the prescribed manner and containing the information prescribed to, (a) the applicant; (b)  Repealed:  1996, c. 4, s. 28 (11). (c) each person or public body that made a written request to be notified of changes to the conditions; (d) a municipality or a planning board for a planning area in which the land to be subdivided is situate; and (e) any other person or public body prescribed.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (11); 2000, c. 26, Sched. K, s. 5 (5); 2015, c. 26, s. 31 (6). (46) Repealed:  1996, c. 4, s. 28 (12). No notice (47) An approval authority is not required to give written notice under subsection (45) if, in the opinion of the approval authority, the change to conditions is minor.  1994, c. 23, s. 30. Appeal (48) Any of the following may appeal any of the changed conditions imposed by the approval authority to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal: 1. The applicant. 2. A public body that, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions. 2.1 A specified person who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions. 3. The Minister. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (10); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (6, 7); 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 17 (1). Restriction (48.1) Despite subsection (48), there is no appeal in respect of a changed condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (6). Exception re Minister (48.2) Subsection (48.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (6). (48.3) Repealed: 2022, c. 21, Sched. 9, s. 17 (4). Restriction (49) If the person appealing the changed conditions is other than the applicant or a public body, the appeal must be filed not later than 20 days after the day that the giving of written notice under subsection (45) is completed.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (13). Use of dispute resolution techniques (49.1) When a notice of appeal is filed under subsection (39), (43) or (48), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 31 (7). Notice and invitation (49.2) If the approval authority decides to act under subsection (49.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the approval authority considers appropriate, (ii) the applicant, if the applicant is not an appellant, and (iii) any other persons or public bodies that the approval authority considers appropriate. 2015, c. 26, s. 31 (7). Extension of time (49.3) When the approval authority gives a notice under clause (49.2) (a), the 15-day period mentioned in clause (50) (b) and subsections (50.1) and (50.2) is extended to 75 days. 2015, c. 26, s. 31 (7). Participation voluntary (49.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (49.2) (b) is voluntary. 2015, c. 26, s. 31 (7). Record (50) An approval authority that receives a notice of appeal under subsection (39), (43) or (48) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the record, notice of appeal and the fee are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority; and (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 99 (4); 2021, c. 25, Sched. 24, s. 3 (8). Exception (50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 99 (5). Deemed decision (50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1999, c. 12, Sched. M, s. 28 (3). Appeals withdrawn (51) If all appeals under subsection (39) or (48) are withdrawn and the time for appealing has expired or if all appeals under subsection (43) are withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82. Hearing (52) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 99 (6). Restriction re adding parties (52.1) Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties: 1. A person or public body who satisfies one of the conditions set out in subsection (52.2). 2. The Minister. 3. The appropriate approval authority. 4. The municipality in which the land is located or the planning board in whose planning area the land is located. 5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (11). Same (52.2) The conditions mentioned in paragraph 1 of subsection (52.1) are: 1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions. 2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party.  2006, c. 23, s. 22 (11); 2017, c. 23, Sched. 5, s. 80. New evidence at hearing (52.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal.  2006, c. 23, s. 22 (11). Same (52.4) When subsection (52.3) applies, the Tribunal may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority’s decision and, if the Tribunal determines that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed. 2019, c. 9, Sched. 12, s. 14 (9). Notice to approval authority (52.5) The Tribunal shall notify the approval authority that it is being given an opportunity to, (a) reconsider its decision in light of the information and material; and (b) make a written recommendation to the Tribunal. 2017, c. 23, Sched. 5, s. 99 (6). Approval authority’s recommendation (52.6) The Tribunal shall have regard to the approval authority’s recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards. 2017, c. 23, Sched. 5, s. 99 (6). Conflict with SPPA (52.7) Subsections (52.1) to (52.6) apply despite the Statutory Powers Procedure Act.  2006, c. 23, s. 22 (11). Dismissal without hearing (53) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without holding a hearing if, (a) it is of the opinion that, (i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give approval to the draft plan of subdivision or determine the question as to the condition appealed to it, (ii) the appeal is not made in good faith or is frivolous or vexatious, (iii) the appeal is made only for the purpose of delay, or (iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process; (b)  Repealed: 2006, c. 23, s. 22 (14). (c) the appellant has not provided written reasons for the appeal; (d) the appellant has not paid the fee charged by the Tribunal; or (e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (14, 15); 2006, c. 23, s. 22 (12-14); 2017, c. 23, Sched. 5, s. 99 (7); 2019, c. 9, Sched. 12, s. 14 (10); 2021, c. 4, Sched. 6, s. 80 (1). Same (53.1) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2017, c. 23, Sched. 5, s. 99 (8). Representation (54) Before dismissing an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (53) (e).  2000, c. 26, Sched. K, s. 5 (6); 2017, c. 23, Sched. 5, s. 80. Dismissal (54.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate. 2017, c. 23, Sched. 5, s. 99 (8). Decision (55) If all appeals under subsection (39), (43) or (48) are dismissed or withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day the last outstanding appeal has been dismissed or withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82. Powers (56) On an appeal under subsection (34) or (39), the Tribunal may make any decision that the approval authority could have made on the application and on an appeal under subsection (43) or (48) shall determine the question as to the conditions appealed to it. 2017, c. 23, Sched. 5, s. 99 (8). Final approval (56.1) If, on an appeal under subsection (34) or (39), the Tribunal has given approval to a draft plan of subdivision, the Tribunal may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate. 2017, c. 23, Sched. 5, s. 99 (8).. Change of conditions (56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Tribunal may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority.  1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 80. When draft plan approved (57) When the draft plan is approved, the person seeking to subdivide may proceed to lay down the highways and lots upon the ground in accordance with the Surveys Act and with the Registry Act or the Land Titles Act, as the case may be, and to prepare a plan accordingly certified by an Ontario land surveyor.  1994, c. 23, s. 30. Final approval of plan (58) Upon presentation by the person seeking to subdivide, the approval authority may, if satisfied that the plan is in conformity with the approved draft plan and that the conditions of approval have been or will be fulfilled, approve the plan of subdivision and, once approved, the final plan of subdivision may be tendered for registration.  1994, c. 23, s. 30. Withdrawal of approval (59) If a final plan of subdivision is approved under subsection (58), but is not registered within 30 days of the date of approval, the approval authority may withdraw its approval.  1994, c. 23, s. 30. Duplicates (60) In addition to any requirement under the Registry Act or the Land Titles Act, the person tendering the plan of subdivision for registration shall deposit with the land registrar a duplicate, or when required by the approval authority two duplicates, of the plan of a type approved by the approval authority, and the land registrar shall endorse on it a certificate showing the number of the plan and the date when the plan was registered and shall deliver the duplicate or duplicates to the approval authority.  1994, c. 23, s. 30. Saving (61) The approval of a plan of subdivision does not operate to release any person from doing anything that the person may be required to do by or under the authority of any other Act.  1994, c. 23, s. 30. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 30 - 28/03/1995; 1996, c. 4, s. 28 (5) - 16/11/1995; 1996, c. 4, s. 28 (2-4, 6-15) - 22/05/1996; 1997, c. 31, s. 164 - see
Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011; 1999, c. 12, Sched. M, s. 28 (1, 3) - 22/12/1999 2000, c. 26, Sched. K, s. 5 (5, 6) - 06/12/2000 2001, c. 32, s. 31 (2)
- 30/09/2002 2002, c. 17, Sched. B, s. 19 (1-5) - 01/01/2003 2004, c. 18, s. 8
- 30/11/2004 2005, c. 26, Sched. B, s. 1 - 28/04/2006 2006, c. 23, s. 22 (1-16) - 01/01/2007 2009, c. 33, Sched. 21, s. 10 (12, 13) - 01/07/2010 2015, c. 26, s. 31 (1-7)
- 01/07/2016 2016, c. 25, Sched. 4, s. 8 (1-6) - 08/12/2016 2017, c. 23, Sched. 3, s. 16 - 03/04/2018; 2017, c. 23, Sched. 5, s. 80-82, 99 (1-8) - 03/04/2018 2019, c. 9, Sched. 12, s. 14 (1-10) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 7) - 01/06/2021; 2021, c. 25, Sched. 24, s. 3 (1-8) - 01/01/2022 2022, c. 12, Sched. 5. s. 9 (1, 2) - 14/04/2022; 2022, c. 21, Sched. 9, s. 17 (1, 4) - 28/11/2022; 2022, c. 21, Sched. 9, s. 17 (2, 3) - not in force Parkland