PART VII GENERAL
Regulations re development permit system
70.2 (1) The Lieutenant Governor in Council may, by regulation, (a) establish a development permit system that local municipalities may by by-law adopt to control land use development in the municipality; or (b) delegate to local municipalities the power to establish a development permit system upon such conditions as may be set out in the regulation.  1994, c. 23, s. 46. Contents (2) A regulation under subsection (1) may, (a) vary, supplement or override any provision in Part V as necessary to establish a development permit system, including, for greater certainty, providing that there is no appeal in respect of a by-law passed by a municipality to adopt or establish a development permit system; (a.1) vary, supplement or override any municipal by-law passed under Part V as necessary to establish a development permit system; (b) authorize or require a local municipality to pass a by-law to vary, supplement or override a by-law passed under Part V as necessary to establish a development permit system; (c) exempt a municipality which has adopted or established a development permit system from any provision of Part V set out in the regulation; (d) prohibit a municipality which has adopted or established a development permit system from passing a by-law under those provisions of Part V that are specified in the regulation; (e) set out procedures for appealing to the Tribunal in respect of a development permit or a condition in a permit, including prescribing persons or public bodies that may appeal to the Tribunal in that regard; (f) prescribe policies that must be contained in an official plan before a development permit system may be adopted or established; (g) prescribe conditions or criteria that must be met before a municipality passes a by-law adopting or establishing a development permit system; (h) prescribe conditions or criteria that must be met before a development permit may be issued or that must be included in a development permit; (i) prescribe powers that the municipality may exercise in administering a development permit system; (j) limit or restrict the manner in which municipalities may exercise the power to issue development permits or pass by-laws adopting or establishing a development permit system; (k) establish different standards or procedures for different municipalities or classes of municipalities; (l) authorize the municipalities to appoint employees to carry out the duties required under the development permit system and delegate to them the powers necessary to carry out these duties; (m) require any owner of land, upon the request of the municipality, to enter into agreements with the municipality as a condition to obtaining a development permit; (n) revoke any provision in a development permit by-law or any condition in a development permit in respect of any defined area and set out other provisions or conditions that apply in respect of that area; (o) prescribe provisions that must be contained in a development permit system; (p) exempt any development or class of development, any municipality or class of municipality or any areas from a development permit area or a development permit by-law; (q) provide for transitional matters that may be necessary to implement a development permit system or to cease using a development permit system.  1994, c. 23, s. 46; 2015, c. 26, s. 36 (1); 2017, c. 23, Sched. 5, s. 102; 2019, c. 9, Sched. 12, s. 18. Same, five-year period (2.1) A regulation under subsection (1) may, (a) provide that when a by-law adopting or establishing a development permit system is passed, no person or public body shall apply to amend the relevant official plan with respect to policies prescribed under clause (2) (f) before the fifth anniversary of the day the by-law is passed; (b) provide that no person or public body shall apply to amend a by-law adopting or establishing a development permit system before the fifth anniversary of the day the by-law is passed; (c) provide that a prohibition provided under clause (a) or (b) does not apply in respect of an application if the council has declared by resolution that such an application is permitted. 2015, c. 26, s. 36 (2). Same (3) A regulation under this section may be general or particular in its application and may be restricted to those municipalities set out in the regulation.  1994, c. 23, s. 46. Conflicts (4) A regulation made under this section prevails over the provisions of any other Act that are specified in the regulation.  1994, c. 23, s. 46. Registration of agreement (5) An agreement entered into under clause (2) (m) may be registered against the land to which it applies and the municipality may enforce its provisions 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. 46; 2006, c. 23, s. 27. Deemed conformity with official plan (6) If a development permit by-law is passed under this section by the council of a municipality in which an official plan is in effect, subsection 24 (4) applies to the by-law in the same manner as if it were a by-law passed under section 34.  1994, c. 23, s. 46. Conformity with upper tier plans (7) If an approval authority has approved an official plan adopted by an upper-tier municipality, every development permit by-law that is then in effect in the area affected by the plan shall be amended to conform with the plan and subsections 27 (2) to (4) apply, with necessary modifications, to the amendment.  1994, c. 23, s. 46; 2002, c. 17, Sched. B, s. 27. Offence (8) Every person who contravenes a development permit by-law passed under this section or the conditions of a development permit is guilty of an offence and on conviction is liable to the fines set out in section 67 and section 67 applies to the offence.  1994, c. 23, s. 46. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 46 - 28/03/1995 2002, c. 17, Sched. B, s. 27 - 01/01/2003 2006, c. 23, s. 27
- 01/01/2007 2015, c. 26, s. 36 (1, 2) - 01/07/2016 2017, c. 23, Sched. 5, s. 102 - 03/04/2018 2019, c. 9, Sched. 12, s. 18 - 03/09/2019