Interpretation
1 (1) In this Act, “area of employment” means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; (“zone d’emploi”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “area of employment” in subsection 1 (1) of the Act
is repealed and the following substituted: (See: 2023, c. 10, Sched. 6, s. 1 (1)) “area of employment” means an area of land designated in an official plan for clusters of business and economic uses, those being uses that meet the following criteria: 1. The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following: i. Manufacturing uses. ii. Uses related to research and development in connection with manufacturing anything. iii. Warehousing uses, including uses related to the movement of goods. iv. Retail uses and office uses that are associated with uses mentioned in subparagraphs i to iii. v. Facilities that are ancillary to the uses mentioned in subparagraphs i to iv. vi. Any other prescribed business and economic uses. 2. The uses are not any of the following uses: i. Institutional uses. ii. Commercial uses, including retail and office uses not referred to in subparagraph 1 iv; (“zone d’emploi”) “area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”) “committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “higher order transit” means transit that operates in whole or in part in a dedicated right of way, including heavy rail, light rail and buses; (“transport en commun d’un niveau supérieur”) “land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”) “local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”) “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local board” in subsection 1 (1) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 45) “Minister” means the Minister of Municipal Affairs and Housing; (“ministre”) “parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by, (a) sewage works within the meaning of the Ontario Water Resources Act that are owned by, (i) a municipality, (ii) a municipal service board established under the Municipal Act, 2001, (iii) a city board established under the City of Toronto Act, 2006, (iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act, or (v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and (b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; (“parcelle de terrain urbain d’habitation”) “payment in lieu” means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; (“paiement tenant lieu de cession”) “prescribed” means prescribed by the regulations; (“prescrit”) “provincial plan” means, (a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005, (b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act, (c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001, (d) a development plan approved under the Ontario Planning and Development Act, 1994, (e) a growth plan approved under the Places to Grow Act, 2005, (e.1) a designated policy as defined in section 2 of the Lake Simcoe Protection Act, 2008, (e.2) a designated policy as defined in section 3 of the Great Lakes Protection Act, 2015, (e.3) a designated Great Lakes policy or a significant threat policy, as those terms are defined in subsection 2 (1) of the Clean Water Act, 2006, or (f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; (“plan provincial”) “public body” means a municipality, a local board, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”) “public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”) “regulations” means regulations made under this Act. (“règlements”) “renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”) “renewable energy project” has the same meaning as in the Electricity Act, 1998; (“projet d’énergie renouvelable”) “renewable energy testing facility” has the same meaning as in the Electricity Act, 1998; (“installation d’évaluation du potentiel en énergie renouvelable”) “renewable energy testing project” has the same meaning as in the Electricity Act, 1998; (“projet d’évaluation du potentiel en énergie renouvelable”) “renewable energy undertaking” means a renewable energy generation facility, a renewable energy project, a renewable energy testing facility or a renewable energy testing project; (“entreprise d’énergie renouvelable”) “residential unit” means a unit that, (a) consists of a self-contained set of rooms located in a building or structure, (b) is used or intended for use as residential premises, and (c) contains kitchen and bathroom facilities that are intended for the use of the unit only. (“unité d’habitation”) “specified person” means, (a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply, (b) Ontario Power Generation Inc., (c) Hydro One Inc., (d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply, (e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply, (f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply, (g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or (h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”) “Tribunal” means the Ontario Land Tribunal. (“Tribunal”) R.S.O. 1990, c. P.13, s. 1; 1994, c. 23, s. 3 (2); 1996, c. 4, s. 1 (1-3); 2002, c. 17, Sched. B, s. 1; 2004, c. 18, s. 1; 2006, c. 23, s. 1 (1-4); 2009, c. 12, Sched. K, s. 1; 2009, c. 12, Sched. L, s. 19; 2015, c. 26, s. 11 (1); 2017, c. 23, Sched. 3, s. 1; 2017, c. 23, Sched. 5, s. 79; 2018, c. 16, s. 8 (1-3); 2021, c. 4, Sched. 6, s. 80 (2); 2022, c. 21, Sched. 9, s. 1 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2022, c. 21, Sched. 9, s. 1 (2)) “upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities: 1. The County of Simcoe. 2. The Regional Municipality of Durham. 3. The Regional Municipality of Halton. 4. The Regional Municipality of Niagara. 5. The Regional Municipality of Peel. 6. The Regional Municipality of Waterloo. 7. The Regional Municipality of York. 8. Any other upper-tier municipality that is prescribed under subsection (6); (“municipalité de palier supérieur sans responsabilités en matière d’aménagement”) “upper-tier municipality with planning responsibilities” means an upper-tier municipality that is not an upper-tier municipality without planning responsibilities; (“municipalité de palier supérieur avec responsabilités en matière d’aménagement”) Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsections: (See: 2023, c. 10, Sched. 6, s. 1 (2)) Area of employment (1.1) An area of land designated in an official plan for clusters of business and economic uses is an area of employment for the purposes of this Act even if the area of land includes one or more parcels of land that are subject to official plan policies authorizing the continuation of a use that is excluded from being a business and economic use under paragraph 2 of the definition of “area of employment” in subsection (1), provided that the use was lawfully established on the parcel of land before the day subsection 1 (1) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came into force. 2023, c. 10, Sched. 6, s. 1 (2). Same (1.2) For greater certainty, the official plan policies referred to in subsection (1.1) shall not authorize a use that is excluded from being a business and economic use under paragraph 2 of the definition of “area of employment” in subsection (1) on any parcels of land in the area on which the use was not lawfully established before the day subsection 1 (1) of Schedule 6 to the Helping Homebuyers, Protecting Tenants Act, 2023 came into force. 2023, c. 10, Sched. 6, s. 1 (2). Limitation (2) The term “public body” in subsection (1) excludes all ministries of the Province of Ontario except the Ministry of Municipal Affairs and Housing in respect of subsections 17 (24), (36) and (44.1), 22 (7.4), 34 (19) and (24.1), 38 (4), 45 (12), 51 (39), (43), (48) and (52.1) and 53 (19) and (27). 1996, c. 4, s. 1 (4); 2006, c. 23, s. 1 (5); 2015, c. 26, s. 11 (2); 2022, c. 21, Sched. 9, s. 1 (3); 2023, c. 10, Sched. 6, s. 1 (3). Designation (3) Despite subsection (2), the Minister may by regulation designate any other ministry of the Province of Ontario to be a public body for the purpose of the provisions referred to in subsection (2).  1996, c. 4, s. 1 (4). Exclusion (4) The Minister may by regulation exclude any board, commission, agency or official of the Province of Ontario from the definition of “public body” set out in subsection (1) in respect of the provisions referred to in subsection (2).  1996, c. 4, s. 1 (4). Limitation (4.1) A reference to a person or public body in the following provisions does not include a conservation authority under the Conservation Authorities Act except where an appeal made under or referred to in one of those provisions relates to natural hazard policies in any policy statements issued under section 3 of the Act, except for those policies that relate to hazardous forest types for wildland fire: 1. Paragraph 1 of subsection 17 (24). 2. Paragraph 1 of subsection 17 (36). 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2 of subsection 34 (19). 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4). 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). 2022, c. 21, Sched. 9, s. 1 (4); 2023, c. 10, Sched. 6, s. 1 (3-7). Transition (4.2) Despite subsection (4.1), a conservation authority that was a party to an appeal under a provision listed in subsection (4.1) on the day before the day subsection 1 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force may continue as a party to the appeal after that date until the final disposition of the appeal. 2022, c. 21, Sched. 9, s. 1 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsections: (See: 2022, c. 21, Sched. 9, s. 1 (5)) Limitation (4.3) A reference to a person or public body in the following provisions does not include an upper-tier municipality without planning responsibilities: 1. Paragraphs 1.1 and 4 of subsection 17 (24). Note: On the day subsection 1 (5) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force, paragraph 1 of subsection 1 (4.3) of the Act is amended by striking out “Paragraphs 1.1 and 4” and substituting “Paragraphs 1 and 4”. (See: 2023, c. 10, Sched. 6, s. 1 (8)) 2. Paragraphs 1.1 and 3 of subsection 17 (36). Note: On the day subsection 1 (5) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force, paragraph 2 of subsection 1 (4.3) of the Act is amended by striking out “Paragraphs 1.1 and 3” and substituting “Paragraphs 1 and 3”. (See: 2023, c. 10, Sched. 6, s. 1 (9)) 3. Paragraph 1 of subsection 17 (44.1). 4. Subsection 22 (7.4). 5. Paragraph 2.1 of subsection 34 (19). Note: On the day subsection 1 (5) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force, paragraph 5 of subsection 1 (4.3) of the Act is amended by striking out “Paragraph 2.1” and substituting “Paragraph 2”. (See: 2023, c. 10, Sched. 6, s. 1 (10)) 6. Paragraph 1 of subsection 34 (24.1). 7. Subsection 38 (4.1). Note: On the day subsection 1 (5) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force, paragraph 7 of subsection 1 (4.3) of the Act is amended by striking out “38 (4.1)” and substituting “38 (4)”. (See: 2023, c. 10, Sched. 6, s. 1 (11)) 8. Subsection 45 (12). 9. Paragraphs 2 and 5 of subsection 51 (39). 10. Paragraphs 2 and 5 of subsection 51 (43). 11. Paragraphs 2 and 5 of subsection 51 (48). 12. Paragraphs 1 and 5 of subsection 51 (52.1). 13. Subsections 53 (19) and (27). 2022, c. 21, Sched. 9, s. 1 (5). Transition (4.4) Despite subsection (4.3), an upper-tier municipality without planning responsibilities listed in paragraphs 1 to 7 of the definition of “upper-tier municipality without planning responsibilities” in subsection (1) that was a party to an appeal under a provision listed in subsection (4.3) on the day before the day subsection 1 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 came into force or an upper-tier municipality without planning responsibilities prescribed under subsection (6) that was a party to an appeal under a provision listed in subsection (4.3) on the day before the day the regulation prescribing the upper-tier municipality without planning responsibilities as such comes into force may continue as a party to the appeal after that date until the final disposition of the appeal, unless the appeal is deemed to be dismissed by application of subsection 45 (12.2) or 53 (19.2) or (27.0.2). 2022, c. 21, Sched. 9, s. 1 (5). Uses re “area of employment” (5) The uses referred to in the definition of “area of employment” in subsection (1) are, (a) manufacturing uses; (b) warehousing uses; (c) office uses; (d) retail uses that are associated with uses mentioned in clauses (a) to (c); and (e) facilities that are ancillary to uses mentioned in clauses (a) to (d).  2006, c. 23, s. 1 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (5) of the Act is repealed. (See: 2023, c. 10, Sched. 6, s. 1 (12)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 1 (6)) Regulations, upper-tier municipality without planning responsibilities (6) The Lieutenant Governor in Council may, by regulation, prescribe additional upper-tier municipalities for the purposes of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1). 2022, c. 21, Sched. 9, s. 1 (6). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 3 (2) - 28/03/1995; 1996, c. 4, s. 1 (1-4) - 22/05/1996 2002, c. 17, Sched. B, s. 1 - 01/01/2003 2004, c. 18, s. 1
- 15/12/2003 2006, c. 23, s. 1 (1-6)
- 01/01/2007 2009, c. 12, Sched. K, s. 1 - 24/09/2009; 2009, c. 12, Sched. L, s. 19 - 14/05/2009 2015, c. 26, s. 11 (1)
- 01/07/2016; 2015, c. 26, s. 11 (2)
- 03/12/2015 2017, c. 23, Sched. 3, s. 1 (1, 2) - 03/04/2018; 2017, c. 23, Sched. 5, s. 79 (1, 2) - 03/04/2018 2018, c. 3, Sched. 5, s. 47 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019; 2018, c. 16, s. 8 (1-3)
- 01/01/2019 2019, c. 1, Sched. 4, s. 45 - not in force 2020, c. 36, Sched. 6, s. 26 (1, 2) - no effect - see 2022, c. 21, Sched. 9, s. 24 - 28/11/2022 2021, c. 4, Sched. 6, s. 80 (2) - 01/06/2021 2022, c. 21, Sched. 9, s. 1 (1, 3) - 28/11/2022; 2022, c. 21, Sched. 9, s. 1 (2, 5, 6) - not in force; 2022, c. 21, Sched. 9, s. 1 (4) - 01/01/2023 2023, c. 10, Sched. 6, s. 1 (1, 2, 8-12) - not in force; 2023, c. 10, Sched. 6, s. 1 (3-7) - 08/06/2023