PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Power of Minister re zoning and subdivision control
47 (1) The Minister may by order, (a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and (b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4).  R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1). Non-application of s. 3 (5) (a) (1.1) Clause 3 (5) (a) does not apply and is deemed never to have applied to an order made under clause (1) (a) of this section. 2021, c. 2, Sched. 3, s. 1. Greenbelt Area (1.2) Despite subsection (1.1), clause 3 (5) (a) applies and always has applied to any part of an order made under clause (1) (a) of this section that applies to land in the Greenbelt Area. 2021, c. 2, Sched. 3, s. 1. Retroactive effect (1.3) For greater certainty, subsection (1.1) applies to orders that were made under clause (1) (a) before the day the section 1 of Schedule 3 to the Supporting Broadband and Infrastructure Expansion Act, 2021
came into force and, for that purpose, references in subsections (1.1) and (1.2) to clauses (1) (a) and 3 (5) (a) include references to the predecessors of those clauses. 2021, c. 2, Sched. 3, s. 1. Power of Minister to allow minor variances (2) Where an order has been made under clause (1) (a), the Minister, in respect of the lands affected by the order, has all the powers in respect of such order as a committee of adjustment has under subsections 45 (1) and (2) in respect of a by-law passed under section 34, but subsections 45 (4) to (8.2) and (10) to (20) do not apply to the exercise by the Minister of such powers.  R.S.O. 1990, c. P.13, s. 47 (2); 2021, c. 25, Sched. 24, s. 1. Order prevails over by-law in event of conflict (3) In the event of a conflict between an order made under clause (1) (a) and a by-law that is in effect under section 34 or 38, or a predecessor thereof, the order prevails to the extent of such conflict, but in all other respects the by-law remains in full force and effect.  R.S.O. 1990, c. P.13, s. 47 (3). Deemed by-law of municipality (4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate.  2001, c. 9, Sched. J, s. 2 (1). Non-application of policy statements, etc. (4.0.1) The Minister may, in an order made under clause (1) (a), provide that policy statements issued under subsection 3 (1), provincial plans and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by the order may be established. 2023, c. 10, Sched. 6, s. 11. Interpretation, “specified land” (4.1) In subsections (4.3) to (4.16), “specified land” means land other than land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3. Exclusion of land in Greenbelt Area (4.2) For greater certainty, the land in the Greenbelt Area that is excluded from the definition of “specified land” in subsection (4.1) is the area of land designated under clause 2 (1) (a) of the Greenbelt Act, 2005 which, pursuant to subsection 2 (2) of that Act, includes, (a) the areas covered by the Oak Ridges Moraine Conservation Plan
established under section 3 of the Oak Ridges Moraine Conservation Act, 2001; (b) the areas covered by the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act; and (c) such areas of land as may be described in the regulations made under the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3. Site plan control and inclusionary zoning, specified land (4.3) The Minister may, in an order made under clause (1) (a) that applies to specified land, (a) provide that section 41 of this Act and section 114 of the City of Toronto Act, 2006 do not apply in respect of all or a specified part of the specified land described in the order; (b) require that a person who owns all or any part of the specified land described in the order enter into one or more agreements with a municipality in which all or part of the specified land is situate dealing with some or all of the matters listed in subsection (4.4); and (c) exercise any of the powers conferred on councils by subsections 35.2 (1) and (2) in respect of all or a specified part of the specified land described in the order. 2020, c. 18, Sched. 17, s. 3; 2020, c. 18, Sched. 17, s. 3. Matters that may be dealt with in agreement (4.4) The matters referred to in clause (4.3) (b) are the following, subject to subsection (4.6): 1. A requirement that any development, within the meaning of subsection 41 (1), on all or a specified part of the specified land described in the order be undertaken in accordance with, i. 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 as may be required by a condition imposed under paragraph 2, including facilities designed to have regard for accessibility for persons with disabilities, and ii. 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 or section 108 or 108.1 of the City of Toronto Act, 2006 as the case may be, E. matters relating to exterior access to each building that will contain affordable housing units or to any part of such a building, but only to the extent that it is a matter of exterior design, F. 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, and G. facilities designed to have regard for accessibility for persons with disabilities. 2. Anything that may be imposed as a condition by a municipality under subsection 41 (7) of this Act or subsection 114 (11) of the City of Toronto Act, 2006. 3. Anything that may be imposed as a condition by an upper-tier municipality under subsection 41 (8). 2020, c. 18, Sched. 17, s. 3; 2022, c. 21, Sched. 9, s. 15 (1). Same, Minister’s direction (4.5) If an order made under clause (1) (a) includes a requirement described in clause (4.3) (b) to enter into an agreement, the Minister may, at any time before or after the agreement has been entered into, provide the parties with written direction concerning the agreement. 2020, c. 18, Sched. 17, s. 3. Contents of Minister’s direction (4.6) Without limiting the generality of subsection (4.5), the Minister’s direction may, (a) provide that one or more of the matters listed in subsection (4.4) shall not be dealt with in an agreement; or (b) specify how any matter listed in subsection (4.4) shall be addressed in an agreement. 2020, c. 18, Sched. 17, s. 3. Compliance with Minister’s direction (4.7) The parties that are required under clause (4.3) (b) to enter into an agreement shall ensure that, (a) if the Minister gives direction under subsection (4.5) before the agreement is entered into, the agreement complies with the direction; and (b) if the Minister gives direction under subsection (4.5) after the agreement is entered into, the agreement is amended to comply with the direction. 2020, c. 18, Sched. 17, s. 3. Effect of non-compliance (4.8) A provision of an agreement entered into pursuant to a requirement described in clause (4.3) (b) is of no effect to the extent that it does not comply with a direction the Minister gives under subsection (4.5). 2020, c. 18, Sched. 17, s. 3. Same, timing of Minister’s direction (4.9) Subsection (4.8) applies whether the Minister’s direction is given before or after the agreement has been entered into. 2020, c. 18, Sched. 17, s. 3. Non-application of Legislation Act, 2006, Part III (4.10) Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction given by the Minister under subsection (4.5). 2020, c. 18, Sched. 17, s. 3. Restriction on matters in subs. (4.4), par. 1 (4.11) The following matters relating to buildings described in subparagraph 1 ii of subsection (4.4) shall not be dealt with in an agreement entered into pursuant to a requirement described in clause (4.3) (b): 1. The 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 sub-subparagraph 1 ii D of subsection (4.4). 2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in sub-subparagraph 1 ii C of subsection (4.4). 3. The manner of construction and construction standards. 2020, c. 18, Sched. 17, s. 3; 2022, c. 21, Sched. 9, s. 15 (2). Enforceability of agreement (4.12) If an agreement is entered into between the owner of land and a municipality in accordance with a requirement described in clause (4.3) (b), (a) the agreement may be registered against the land to which it applies; and (b) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2020, c. 18, Sched. 17, s. 3. Inclusionary zoning policies (4.13) If an order is made under clause (1) (a) in which the Minister exercises a power described in clause (4.3) (c), the Minister may do one or both of the following: 1. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order and the municipality in which all or part of the specified land is situate enter into one or more agreements dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement. 2. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order enter into one or more agreements with the Minister dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement. 2020, c. 18, Sched. 17, s. 3. Same (4.14) An order containing a requirement described in paragraph 1 of subsection (4.13) is deemed to be a by-law passed by the council of the relevant local municipality for the purposes of subsections 35.2 (3) to (9) and a municipality that is a party to an agreement mentioned in that paragraph shall take the steps required under those subsections. 2020, c. 18, Sched. 17, s. 3. Same (4.15) If an agreement is entered into in accordance with a requirement described in subsection (4.13), (a) the agreement may be registered against the land to which it applies; and (b) the Minister may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2020, c. 18, Sched. 17, s. 3. Same (4.16) An order made under clause (1) (a) in which the Minister exercises a power described in clause (4.3) (c) applies regardless of whether the official plan in effect in the relevant local municipality contains policies described in subsection 16 (4). 2020, c. 18, Sched. 17, s. 3. Notice (5) No notice or hearing is required prior to the making of an order under subsection (1) but the Minister shall give notice of any such order within thirty days of the making thereof in such manner as the Minister considers proper.  R.S.O. 1990, c. P.13, s. 47 (5); 2017, c. 23, Sched. 3, s. 15 (1). Idem (6) The Minister shall cause a duplicate or certified copy of an order made under clause (1) (a), (a) where the land affected is situate in a local municipality, to be lodged in the office of the clerk of the municipality, or where the land affected is situate in two or more local municipalities, in the office of the clerk of each of such municipalities; and (b) where the land affected is situate in territory without municipal organization, to be lodged in the proper land registry office, where it shall be made available to the public as a production.  R.S.O. 1990, c. P.13, s. 47 (6); 2002, c. 17, Sched. B, s. 17. Registration (7) The Minister shall cause a certified copy or duplicate of an order made under clause (1) (b) to be registered in the proper land registry office.  R.S.O. 1990, c. P.13, s. 47 (7). Revocation or amendment (8) An amendment to any order made under subsection (1), or the revocation in whole or in part of such an order, may be initiated by the Minister or on request to the Minister by any person or public body. 2017, c. 23, Sched. 3, s. 15 (2). Consolidated hearing (8.0.1) 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 a request under subsection (8) unless the Minister has referred the request to the Tribunal under subsection (10). 2021, c. 4, Sched. 6, s. 80 (6). Information (8.1) A request under subsection (8) shall include the prescribed information and material and such other information or material as the Minister may require.  1993, c. 26, s. 57 (2). Refusal to consider (8.2) The Minister may refuse to accept or further consider a request under subsection (8) until the prescribed information and material and the required fee are received.  1994, c. 23, s. 27 (3). Action by Minister (9) If the Minister initiates an amendment or revocation of an order made under subsection (1) or receives a request to amend or revoke the order, the Minister shall give notice or cause to be given notice of the proposed amendment or revocation in such manner as the Minister considers proper and shall allow such period of time as he or she considers appropriate for the submission of representations in respect of the proposed amendment or revocation. 2017, c. 23, Sched. 3, s. 15 (3). Exception re notice — order exercising powers under subs. (4.3) (9.1) Subsection (9) does not apply with respect to an order under clause (1) (a) if, in the order, the Minister has exercised any of the powers in subsection (4.3). 2020, c. 18, Sched. 17, s. 3. Referral of request under subs. (8) (10) The Minister may refer a request made under subsection (8) to the Tribunal. 2017, c. 23, Sched. 3, s. 15 (3). (10.1) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Hearing by Tribunal (11) If the Minister refers the request to the Tribunal, the Tribunal shall conduct a hearing. 2017, c. 23, Sched. 3, s. 15 (3). Notice of hearing (12) Notice of the hearing shall be given in such manner and to such persons as the Tribunal may determine. 2017, c. 23, Sched. 3, s. 15 (3). (12.1)-(12.3) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Recommendation (13) At the conclusion of the hearing, the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the requested amendment or revocation, in whole or in part, make modifications and approve the requested amendment or revocation as modified or refuse the requested amendment or revocation, in whole or in part, and giving reasons for the recommendation. 2017, c. 23, Sched. 3, s. 15 (3). (13.1)-(13.5) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). Notice of recommendation (14) A copy of the recommendation of the Tribunal shall be sent to each person who appeared at the hearing and made representations and to any person who in writing requests a copy of the recommendation. 2017, c. 23, Sched. 3, s. 15 (3). Decision to amend or revoke (15) After considering representations received under subsection (9), if any, and the recommendation of the Tribunal under subsection (13), if there is one, the Minister may, by order, amend or revoke in whole or in part the order made under subsection (1). 2017, c. 23, Sched. 3, s. 15 (3). Notice of decision (16) The Minister shall forward a copy of his or her decision to amend or revoke in whole or in part the order to the clerk of each municipality or secretary-treasurer of each planning board which is within the area covered by the amendment and any person who in writing requests a copy of the decision. 2017, c. 23, Sched. 3, s. 15 (3). (17) Repealed: 1994, c. 23, s. 27 (8). Effect of land use order (18) An order of the Minister made under clause (1) (b) has the same effect as a by-law passed under subsection 50 (4).  R.S.O. 1990, c. P.13, s. 47 (18). Deemed by-law (19) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in the planning area of a planning board shall be deemed to be and to always have been a by-law passed under section 34 by the planning board in which the land is situate.  2001, c. 9, Sched. J, s. 2 (2). Limitations on remedies (20) No cause of action arises as a direct or indirect result of, (a) the enactment, amendment or repeal of any provision of this section; (b) a decision in respect of the exercise of any power under this section, including but not limited to the making, amendment or revocation of orders under this section; (c) anything done or not done in accordance with this section; or (d) any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related, directly or indirectly, to (i) the actual or potential making of any decision under this section, (ii) the actual or potential acquisition, disposal, use or development of any land subject to any decision under this section, or (iii) the actual or potential granting or issuance of any approval, permit, order, by-law or other instrument in respect of any order under this section. 2023, c. 24, Sched. 2, s. 1. No remedy (21) No costs, compensation or damages, including for loss of revenues or loss of profit, are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (20). 2023, c. 24, Sched. 2, s. 1. Proceedings barred (22) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (20) may be brought or maintained against any person. 2023, c. 24, Sched. 2, s. 1. Application (23) Subsection (22) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief or the enforcement of a judgment, order or award made outside of Ontario. 2023, c. 24, Sched. 2, s. 1. Retrospective effect (24) Subsections (20), (21) and (22) apply regardless of whether a cause of action on which a proceeding is purportedly based arose before, on or after the day section 1 of Schedule 2 to the Planning Statute Law Amendment Act, 2023 comes into force. 2023, c. 24, Sched. 2, s. 1. No costs award (25) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (22). 2023, c. 24, Sched. 2, s. 1. No expropriation or injurious affection (26) Nothing referred to in subsection (20) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2023, c. 24, Sched. 2, s. 1. Proceedings by Crown not prevented (27) Subsections (20) to (26) and this subsection do not apply with respect to proceedings brought by the Crown in right of Ontario. 2023, c. 24, Sched. 2, s. 1. Person defined (28) In subsections (20) to (27), “person” includes the Crown in right of Ontario and its current and former employees, officers and agents and current and former members of the Executive Council and municipalities and their current and former employees, officers and agents. 2023, c. 24, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 57 (2) - 02/12/1993; 1994, c. 23, s. 27 (1-8) - 28/03/1995; 1996, c. 4, s. 26 (1-3) - 22/05/1996 2000, c. 26, Sched. K, s. 5 (4) - 06/12/2000 2001, c. 9, Sched. J, s. 2 (1, 2) - 29/06/2001 2002, c. 17, Sched. B, s. 17 - 01/01/2003 2006, c. 23, s. 19 (1-3)
- 01/01/2007 2017, c. 23, Sched. 3, s. 15 (1-3) - 03/04/2018 2020, c. 18, Sched. 17, s. 3 - 21/07/2020 2021, c. 2, Sched. 3, s. 1 - 12/04/2021; 2021, c. 4, Sched. 6, s. 80 (6) - 01/06/2021; 2021, c. 25, Sched. 24, s. 1 - 01/01/2022 2022, c. 21, Sched. 9, s. 15 (1, 2) - 28/11/2022 2023, c. 10, Sched. 6, s. 11 - 08/06/2023; 2023, c. 24, Sched. 2, s. 1 - 06/12/2023