hordruma/ontario_laws_and_regs huggingface dataset:
Purposes
1.1 The purposes of this Act are, (a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act; (b) to provide for a land use planning system led by provincial policy; (c) to integrate matters of provincial interest in provincial and municipal planning decisions; (d) to provide for planning processes that are fair by making them open, accessible, timely and efficient; (e) to encourage co-operation and co-ordination among various interests; (f) to recognize the decision-making authority and accountability of municipal councils in planning.  1994, c. 23, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 4 - 28/03/1995 Not-for-Profit Corporations Act, 2010 1.2 The Not-for-Profit Corporations Act, 2010 does not apply to a body corporate established under this Act. 2017, c. 20, Sched. 8, s. 119. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 119 - 19/10/2021 PART I   PROVINCIAL ADMINISTRATION
Purposes
1.2 The Not-for-Profit Corporations Act, 2010 does not apply to a body corporate established under this Act. 2017, c. 20, Sched. 8, s. 119. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 119 - 19/10/2021 PART I   PROVINCIAL ADMINISTRATION
PART I PROVINCIAL ADMINISTRATION
Provincial interest
2 The Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (a) the protection of ecological systems, including natural areas, features and functions; (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; (e) the supply, efficient use and conservation of energy and water; (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; (g) the minimization of waste; (h) the orderly development of safe and healthy communities; (h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies; (i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities; (j) the adequate provision of a full range of housing, including affordable housing; (k) the adequate provision of employment opportunities; (l) the protection of the financial and economic well-being of the Province and its municipalities; (m) the co-ordination of planning activities of public bodies; (n) the resolution of planning conflicts involving public and private interests; (o) the protection of public health and safety; (p) the appropriate location of growth and development; (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; (s) the mitigation of greenhouse gas emissions and adaptation to a changing climate.  1994, c. 23, s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1; 2015, c. 26, s. 12; 2017, c. 10, Sched. 4, s. 11 (1); 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 5 - 28/03/1995; 1996, c. 4, s. 2 - 22/05/1996 2001, c. 32, s. 31 (1)
- 30/09/2002 2006, c. 23, s. 3
- 01/01/2007 2011, c. 6, Sched. 2, s. 1 - 04/05/2011 2015, c. 26, s. 12
- 01/07/2016 2017, c. 10, Sched. 4, s. 11 (1) - 30/05/2017; 2017, c. 23, Sched. 5, s. 80 - 03/04/2018
PART I PROVINCIAL ADMINISTRATION
Approval authorities and Tribunal to have regard to certain matters
2.1 (1) When an approval authority or the Tribunal makes a decision under this Act that relates to a planning matter, it shall have regard to, (a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and (b) any information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (1); 2019, c. 9, Sched. 12, s. 1 (1). Same, Tribunal (2) When the Tribunal makes a decision under this Act that relates to a planning matter that is appealed because of the failure of a municipal council or approval authority to make a decision, the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter. 2019, c. 9, Sched. 12, s. 1 (2). Same (3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter. 2015, c. 26, s. 13. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 4
- 01/01/2007 2015, c. 26, s. 13
- 01/07/2016 2017, c. 23, Sched. 3, s. 2 (1, 2) - 03/04/2018 2019, c. 9, Sched. 12, s. 1 (1, 2) - 03/09/2019
PART I PROVINCIAL ADMINISTRATION
Further delegation of powers
5 (1) Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Tribunal.  R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1); 2017, c. 23, Sched. 5, s. 83. Limitation (2) Despite subsection (1), a council may not delegate the authority to approve or the authority to exempt from approval amendments to official plans without the prior written approval of the Minister, which approval may be subject to such further conditions as the Minister considers appropriate.  R.S.O. 1990, c. P.13, s. 5 (2); 1996, c. 4, s. 5 (2). Further delegation of powers (3) In addition to the authority of a council to, in turn, delegate any authority under subsection (1), where the Minister has delegated to a council his or her authority for the giving of consents under section 53, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate the authority for the giving of consents to a committee of adjustment constituted under section 44. Conditions (4) A delegation made by a council under subsection (1) or (3) may be subject to such conditions as the council may by by-law provide and as are not in conflict with any conditions provided by order of the Minister under section 4. Withdrawal of delegation of powers (5) A council may by by-law withdraw any delegation made under subsection (1) or (3), whereupon subsection 4 (5) applies with necessary modifications.  R.S.O. 1990, c. P.13, s. 5 (3-5). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 5 (1, 2) - 22/05/1996 2017, c. 23, Sched. 5, s. 83 - 03/04/2018
PART I PROVINCIAL ADMINISTRATION
Consultation
6 (1) In this section, “ministry” means any ministry or secretariat of the Government of Ontario and includes a board, commission or agency of the Government.  R.S.O. 1990, c. P.13, s. 6 (1); 1998, c. 15, Sched. E, s. 27 (3). Planning policies (2) A ministry, before carrying out or authorizing any undertaking that the ministry considers will directly affect any municipality, shall consult with, and have regard for, the established planning policies of the municipality.  R.S.O. 1990, c. P.13, s. 6 (2). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 27 (3) - 01/04/1999
PART II LOCAL PLANNING ADMINISTRATION
Mandatory for certain municipalities
8 (1) The council of every upper-tier municipality and the council of every single-tier municipality that is not in a territorial district, except the council of the Township of Pelee, shall appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (1) of the Act is amended by striking out “upper-tier municipality” and substituting “upper-tier municipality with planning responsibilities”. (See: 2022, c. 21, Sched. 9, s. 2 (1)) Optional for other municipalities (2) The council of a lower-tier municipality, the council of a single-tier municipality that is in a territorial district or the council of the Township of Pelee may appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 8 (2) of the Act is amended by striking out “The council of a lower-tier municipality” at the beginning and substituting “The council of a lower-tier municipality, the council of an upper-tier municipality without planning responsibilities”. (See: 2022, c. 21, Sched. 9, s. 2 (2)) Joint planning by agreement (3) The councils of two or more municipalities described in subsection (2) may enter into an agreement to provide for the joint undertaking of such matters of a planning nature as may be agreed upon and may appoint a joint planning advisory committee in accordance with this section. 2015, c. 26, s. 16. Membership (4) The members of a planning advisory committee shall be chosen by the council and shall include at least one resident of the municipality who is neither a member of a municipal council nor an employee of the municipality. 2015, c. 26, s. 16. Same (5) Subsection (4) applies with respect to a joint planning advisory committee, with necessary modifications. 2015, c. 26, s. 16. Remuneration (6) Persons appointed to a committee under this section may be paid such remuneration and expenses as the council or councils may determine, and where a joint committee is appointed, the councils may by agreement provide for apportioning the costs of the payments to their respective municipalities. 2015, c. 26, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 16
- 01/07/2016 2022, c. 21, Sched. 9, s. 2 (1, 2) - not in force
PART II LOCAL PLANNING ADMINISTRATION
Planning area defined by Minister
9 (1) The Minister may define and name a planning area consisting of the whole of two or more municipalities that are situate in a territorial district or consisting of the whole of one or more municipalities and territory without municipal organization. Planning board for planning area (2) Where a planning area is defined under subsection (1), the Minister shall establish the planning board for the planning area and specify the name of the board and the number of members to be appointed to it by the council of each municipality within the planning area and the number of members, if any, to be appointed by the Minister. Appointments to board (3) The council of each municipality shall appoint to the planning board the number of members specified by the Minister under subsection (2) and, after the initial appointments, the appointments shall be made by each successive council as soon as practicable after the council is organized. Term of office (4) The members, (a) appointed by the council of each municipality shall hold office for the term of the council that appointed them; and (b) appointed by the Minister shall hold office for the term specified by the Minister in their appointment, and until their successors are appointed.  R.S.O. 1990, c. P.13, s. 9.
PART II LOCAL PLANNING ADMINISTRATION
Body corporate
11 (1) A planning board is a body corporate and a majority of its members constitutes a quorum. Chair (2) A planning board shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. Secretary-treasurer, employees, consultants (3) A planning board shall appoint a secretary-treasurer, who may be a member of the board, and may engage such employees and consultants as are considered appropriate. Execution of documents (4) The execution of documents by a planning board shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer, and the corporate seal of the board.  R.S.O. 1990, c. P.13, s. 11.
PART II LOCAL PLANNING ADMINISTRATION
Estimates
12 (1) A planning board established by the Minister for a planning area consisting of one municipality and territory without municipal organization shall submit annually to the council of the municipality an estimate of its financial requirements for the year and the council may amend such estimate and shall pay to the secretary-treasurer of the planning board out of the money appropriated for the planning board such amounts as may be requisitioned from time to time. R.S.O. 1990, c. P.13, s. 12 (1). Two or more municipalities (2) In the case of a planning board established for a planning area consisting of two or more municipalities or consisting of two or more municipalities and territory without municipal organization, the planning board shall annually submit its estimates to the council of each of such municipalities together with a statement as to the proportion thereof to be chargeable to each municipality. R.S.O. 1990, c. P.13, s. 12 (2). When estimates binding (3) If the estimates submitted under subsection (2) are approved, or are amended and approved, by the councils of municipalities representing more than one-half of the population of the planning area for which the board was established, the estimates are binding on all the municipalities. R.S.O. 1990, c. P.13, s. 12 (3). Notification (4) After the estimates have been approved as provided in subsection (3), the planning board shall so notify each municipality involved and shall notify each such municipality of the total approved estimates and the amount thereof chargeable to it, based on the apportionment set out in the statement submitted under subsection (2). R.S.O. 1990, c. P.13, s. 12 (4). Where apportionment not satisfactory (5) If the council of any municipality is not satisfied with the apportionment, it may, within fifteen days after receiving the notice under subsection (4), notify the planning board and the Tribunal that it desires the apportionment to be made by the Tribunal. 2017, c. 23, Sched. 5, s. 85. Power of Tribunal (6) The Tribunal shall hold a hearing and determine the apportionment and its decision is final. R.S.O. 1990, c. P.13, s. 12 (6); 2017, c. 23, Sched. 5, s. 80. Payment (7) Each municipality shall pay to the secretary-treasurer of the planning board such amounts as may be requisitioned from time to time up to the amount determined by the planning board under subsection (4) or by the Tribunal under subsection (6), as the case may be. R.S.O. 1990, c. P.13, s. 12 (7); 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 5, s. 80, 85 - 03/04/2018
PART II LOCAL PLANNING ADMINISTRATION
Duties of planning board
14 (1) A planning board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the board, (a) by the councils to which the board submits its estimates under section 12, or by any of such councils; or (b) by the Minister, in the case of a planning board appointed for a planning area consisting solely or partially of territory without municipal organization. Preparation of official plan (2) A planning board shall prepare a plan suitable for adoption as the official plan of the planning area, or at the request of any of the councils mentioned in subsection (1), prepare a plan suitable for adoption as the official plan of the municipality of which it is the council.  R.S.O. 1990, c. P.13, s. 14.
PART II LOCAL PLANNING ADMINISTRATION
Joint planning areas
14.1 (1) The councils of two or more local municipalities that are within one or more counties whether or not they form part of a county for municipal purposes may by by-law define a municipal planning area, establish a municipal planning authority for the area and specify the name of the authority. Approval of by-law (2) The council of a municipality shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Body corporate (3) A municipal planning authority is a body corporate. Composition (4) All the members of a municipal planning authority shall be members of council. Number of members (5) The council of each local municipality shall appoint to the municipal planning authority the number of members prescribed and, after the initial appointments, the appointments shall be made by each successive council as soon as possible after the council is organized. Term (6) The members of the municipal planning authority shall hold office for the term of the council that appointed them and until their successors are appointed. Vacancies (7) If a vacancy occurs from any cause, the council shall, as soon as possible, appoint a member of its council to the municipal planning authority who shall hold office for the remainder of the unexpired term.  1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995
PART II LOCAL PLANNING ADMINISTRATION
Municipal planning authority
14.2 (1) Each member of a municipal planning authority is entitled to one vote.  1994, c. 23, s. 8. Quorum (2) A majority of the members of a municipal planning authority constitutes a quorum.  1994, c. 23, s. 8. Chair (3) A municipal planning authority shall annually elect a chair and a vice-chair who shall preside in the absence of the chair.  1994, c. 23, s. 8. Secretary-treasurer (4) A municipal planning authority shall appoint a secretary-treasurer who may be a member of the authority.  1994, c. 23, s. 8. Documents (5) The execution of documents by a municipal planning authority shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer and the corporate seal of the authority.  1994, c. 23, s. 8. Records, inspection (6) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions on them and of all other business of the authority, and section 253 of the Municipal Act, 2001 applies with necessary modifications in respect of the documents kept.  1994, c. 23, s. 8; 2002, c. 17, Sched. B, s. 3. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 2002, c. 17, Sched. B, s. 3 - 01/01/2003
PART II LOCAL PLANNING ADMINISTRATION
Finance
14.3 (1) On or before March 31 of each year, a municipal planning authority shall determine its financial requirements and the proportion of it to be chargeable to each municipality and shall notify the council of each of the municipalities within the municipal planning area of its financial requirements together with a statement as to the proportion of it to be chargeable to each municipality. 1994, c. 23, s. 8. Determination by Tribunal (2) If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Tribunal that it desires the apportionment to be made by the Tribunal. 2017, c. 23, Sched. 5, s. 86. Hearing (3) The Tribunal shall hold a hearing and determine the apportionment and its decision is final. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Payments (4) Each municipality shall pay to the secretary-treasurer of the municipal planning authority such amounts as may be requisitioned from time to time up to the amount determined by the municipal planning authority under subsection (1) or by the Tribunal under subsection (3), as the case may be. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. County levy (5) If a municipal planning authority has been established, a county shall raise the amounts required for county land use planning purposes by levying a special rate on rateable property not in the municipal planning area.  1997, c. 29, s. 65. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1997, c. 29, s. 65 - 01/01/1998 2017, c. 23, Sched. 5, s. 80, 86 - 03/04/2018
PART II LOCAL PLANNING ADMINISTRATION
Expansion
14.4 (1) A municipal planning authority may, upon the request of the council of a local municipality that is within a county, whether or not it forms part of the county for municipal purposes, by by-law redefine the municipal planning area to add the municipality to the planning area and rename the municipal planning authority. Approval of by-law (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Appointments (3) The council of a municipality added to a municipal planning authority under subsection (1) shall, as soon as possible, appoint to the authority the number of members prescribed and, after the initial appointment, the appointments shall be made by each successive council, as soon as possible, after the council is organized.  1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995
PART II LOCAL PLANNING ADMINISTRATION
Removal
14.5 (1) Upon the request of the council of a local municipality that is within a municipal planning area, the municipal planning authority shall by by-law redefine the municipal planning area to remove the municipality from the planning area and may rename the municipal planning authority. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. Adjustment (3) The members of a municipal planning authority appointed by a local municipality which is removed from the authority shall cease to be members of the authority on the date the by-law passed under subsection (1) comes into effect.  1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995
PART II LOCAL PLANNING ADMINISTRATION
Dissolution
14.6 (1) A municipal planning authority may by by-law dissolve the municipal planning area and the municipal planning authority. 1994, c. 23, s. 8. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. 1994, c. 23, s. 8. Dissolution by Minister (3) The Minister may by order dissolve a municipal planning area and a municipal planning authority. 1994, c. 23, s. 8. Assets, liabilities (4) All the assets and liabilities of a municipal planning authority dissolved under this section are assets and liabilities of the municipalities that formed part of the municipal planning area and, if such municipalities cannot agree as to the disposition of the assets and liabilities, the Tribunal, upon the application of one or more of the municipalities, shall direct a final disposition. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Same (5) If assets or liabilities are transferred or assigned to a municipality under an agreement or an order of the Tribunal under this section, the municipality stands in the place of the municipal planning authority for all purposes. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Transitional matters (6) Despite this or any other Act, the Minister may by order provide for transitional matters which, in the opinion of the Minister, are necessary or expedient to establish, expand or dissolve a municipal planning authority or to remove a municipality from a municipal planning authority. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995 2017, c. 23, Sched. 5, s. 80 - 03/04/2018