PART VI SUBDIVISION OF LAND
Definition
53 (0.1) In this section, “provisional consent” means a consent given under subsection (1) in respect of which a certificate cannot be issued under subsection (42) because, (a) the 20-day period mentioned in subsection (19) has not elapsed, (b) any appeals under subsection (19) remain outstanding, or (c) conditions have been imposed but have not been fulfilled. 2020, c. 34, Sched. 20, s. 2 (1). Same (1) An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 2021, c. 25, Sched. 24, s. 4 (1). Same (1.1) For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application. 2021, c. 25, Sched. 24, s. 4 (1). Prescribed information (2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material.  1996, c. 4, s. 29 (1). Other information (3) A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 23 (1). Refusal and timing (4) Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1, (a) the council or the Minister may refuse to accept or further consider the application for a consent; and (b) the time period referred to in subsection (14) does not begin.  2006, c. 23, s. 23 (1). Motion re dispute (4.1) The applicant, the council or the Minister may make a motion for directions to have the Tribunal determine, (a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or (b) whether a requirement made under subsection (3) is reasonable. 2017, c. 23, Sched. 5, s. 100 (1). Final determination (4.2) The Tribunal’s determination under subsection (4.1) is not subject to appeal or review.  2006, c. 23, s. 23 (1); 2017, c. 23, Sched. 5, s. 80. Amendment to application (4.2.1) An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent. 2021, c. 25, Sched. 24, s. 4 (2). Terms (4.2.2) If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms, (a) requiring the provision of additional information and material in relation to the amendment; and (b) specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of, (i) the date the application was amended, and (ii) if additional information and material was required under clause (a), the date on which all the information and material was provided. 2021, c. 25, Sched. 24, s. 4 (2). Fees (4.2.3) For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be. 2021, c. 25, Sched. 24, s. 4 (2). Other (4.2.4) For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act. 2021, c. 25, Sched. 24, s. 4 (2). Alternative measures (4.3) In the case of an application for consent that is made to a council, if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of applications for consent and if the measures are complied with, (a) subsection (5) does not apply; and (b) subsections (6) and (7) do not apply with respect to notice of the application. 2015, c. 26, s. 33 (1). Same (4.4) Subsection (4.3) also applies in the case of a council or planning board to which the Minister has delegated authority under section 4. 2015, c. 26, s. 33 (1). Same (4.5) In the course of preparing the official plan, before including alternative measures described in subsection (4.3), the council shall consider whether it would be desirable for the measures to allow for notice of the application for consent to the prescribed persons and public bodies mentioned in clause (5) (a). 2015, c. 26, s. 33 (1). Notice (5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that, (a) notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed; and (b) a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed.  1996, c. 4, s. 29 (1). Requirements re public meeting (5.1) If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting. 2021, c. 25, Sched. 24, s. 4 (3). Request by council (6) A council may request that a local municipality having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1). Request by Minister (7) The Minister may request that a local municipality or planning board having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1). Responsibilities (7.1) A local municipality or planning board that is requested under subsection (6) or (7) to give notice shall ensure that, (a) the notice is given in accordance with clause (5) (a); and (b) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the notice is given.  1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (1). Same (7.2) A local municipality or planning board that is requested under subsection (6) or (7) to hold a public meeting shall ensure that, (a) notice of the meeting is given in accordance with clause (5) (b); (b) the public meeting is held; and (c) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the meeting is held.  1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (2). Written submissions (8) Any person or public body may make written submissions to the council or the Minister before the council or the Minister gives or refuses to give a provisional consent.  1994, c. 23, s. 32. Procedure (9) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed.  1994, c. 23, s. 32. Council to confer (10) A council, in determining whether a provisional consent is to be given, shall confer with the persons or public bodies prescribed.  1994, c. 23, s. 32. Minister may confer (11) The Minister in determining whether a provisional consent is to be given may confer with the persons or public bodies that the Minister considers may have an interest in the application.  1994, c. 23, s. 32. Powers (12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent.  1994, c. 23, s. 32. Same (12.1) For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land. However, the council or the Minister may impose as a condition to the granting of a provisional consent that land be conveyed to the local municipality or dedicated for park or other public recreational purposes only in respect of the part of a parcel of land that is the subject of the application for consent unless the application for consent includes a request in accordance with subsection (42.1). 2022, c. 21, Sched. 9, s. 19 (1). Parks (13) If, on the giving of a provisional consent, land is required to be conveyed to a municipality for park or other public recreational purposes and the council of the municipality requires a payment in lieu, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given.  1994, c. 23, s. 32; 2015, c. 26, s. 33 (2). Appeal to Tribunal (14) If an application is made for a consent and the council or the Minister fails to make a decision under subsection (1) on the application within 90 days after the day the application is received by the clerk of the municipality or the Minister, the applicant may appeal to the Tribunal with respect to the consent application by filing a notice with the clerk of the municipality or the Minister, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (2); 2004, c. 18, s. 9; 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1). Consolidated hearing (14.1) 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 requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired. 2021, c. 4, Sched. 6, s. 80 (8). Record (15) If the clerk of the municipality or the Minister receives a notice of appeal under subsection (14), the clerk of the municipality or the Minister 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. 32; 1996, c. 4, s. 29 (3); 2017, c. 23, Sched. 5, s. 100 (2); 2021, c. 25, Sched. 24, s. 4 (5). Appeal withdrawn (16) If an appeal under subsection (14) is withdrawn, the Tribunal shall notify the council or Minister and the council or the Minister may proceed to make a decision under subsection (1).  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Exception (16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (3); 2017, c. 23, Sched. 5, s. 100 (3). Where all appeals withdrawn (16.2) If all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the council or the Minister may proceed to make a decision under subsection (1).  1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (4). Notice of decision (17) If the council or the Minister gives or refuses to give a provisional consent, the council or the Minister shall ensure that written notice of it is given in the prescribed manner within 15 days to, (a) the applicant; (b) each person or public body that made a written request to be notified of the decision or conditions; and (c)  Repealed: 2021, c. 25, Sched. 24, s. 4 (6). (d) any other person or public body that is prescribed. 2015, c. 26, s. 33 (5); 2021, c. 25, Sched. 24, s. 4 (6). Contents (18) The notice under subsection (17) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.1) had on the decision; and (b) the prescribed information. 2015, c. 26, s. 33 (5). Written and oral submissions (18.1) Clause (18) (a) applies to, (a) any written submissions relating to the application that were made to the council before its decision; and (b) any oral submissions relating to the application that were made at a public meeting. 2015, c. 26, s. 33 (5); 2021, c. 25, Sched. 24, s. 4 (7). Exception (18.2) If the notice under subsection (17) 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 (18) (a) is not required. 2015, c. 26, s. 33 (5). Appeal (19) The applicant, the Minister, a specified person or any public body may, not later than 20 days after the giving of notice under subsection (17) is completed, appeal the decision or any condition imposed by the council or the Minister or appeal both the decision and any condition to the Tribunal by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (6); 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 19 (2). Transition (19.1) For greater certainty, subsection (19), as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (17) of this section is completed before that day. 2022, c. 21, Sched. 9, s. 19 (3). Same, retroactive effect (19.2) An appeal under subsection (19) made before the day subsection 19 (2)of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (19) of this section as it reads on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force shall be deemed to have been dismissed on the day subsection 19 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (19) of this section in respect of the same decision to which the appeal relates. 2022, c. 21, Sched. 9, s. 19 (3). Same, hearing on the merits (19.3) For the purposes of clause (19.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. 2022, c. 21, Sched. 9, s. 19 (3). Same (19.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. 2022, c. 21, Sched. 9, s. 19 (3). Notice completed (20) For the purpose of subsections (19) and (27), 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. 32; 2015, c. 26, s. 33 (6). No appeal (21) If no appeal is filed under subsection (19) or (27), subject to subsection (23), the decision of the council or the Minister, as the case may be, to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32. Declaration (22) A sworn declaration by an employee of the municipality or the Ministry of Municipal Affairs and Housing that notice was given under subsection (17) or (24) or that no notice of appeal was filed under subsection (19) or (27) within the time allowed for appeal is conclusive evidence of the facts stated in it.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (7). Change of conditions (23) The council or the Minister, as the case may be, may change the conditions of a provisional consent at any time before a consent is given.  1994, c. 23, s. 32. Notice (24) If the council or the Minister changes conditions of a provisional consent under subsection (23) after notice has been given under subsection (17), the council or the Minister shall, within 15 days of the decision, give written notice of the changes in the prescribed manner and containing the information prescribed to, (a) the applicant; (b) each person or public body that made a written request to be notified of changes to the conditions; (c) the Minister, with respect to a change of conditions by council, if the Minister has notified the council that he or she wishes to receive a copy of the changes of conditions; and (d) any other person or public body prescribed.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (8); 2015, c. 26, s. 33 (7). (25) Repealed:  1996, c. 4, s. 29 (9). No notice required (26) The council or the Minister, as the case may be, is not required to give written notice under subsection (24) if, in the council’s or the Minister’s opinion, the change to conditions is minor.  2009, c. 33, Sched. 21, s. 10 (14). Appeal (27) The applicant, the Minister, a specified person or any public body may, not later than 20 days after the giving of notice under subsection (24) is completed, appeal any of the changed conditions imposed by the council or the Minister by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal. 1994, c. 23, s. 32; 1996, c. 4, s. 29 (10); 2017, c. 23, Sched. 5, s. 81; 2021, c. 4, Sched. 6, s. 80 (1); 2022, c. 21, Sched. 9, s. 19 (4). Transition (27.0.1) For greater certainty, subsection (27), as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies to an appeal on and after that day even if the giving of notice under subsection (24) of this section is completed before that day. 2022, c. 21, Sched. 9, s. 19 (5). Same, retroactive effect (27.0.2) An appeal under subsection (27) made before the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force by a person or public body not referred to in subsection (27) of this section as it reads on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022
comes into force shall be deemed to have been dismissed on the day subsection 19 (4) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless, (a) a hearing on the merits of the appeal had been scheduled before October 25, 2022; or (b) a notice of appeal was filed by a person or public body referred to in subsection (27) of this section in respect of the changed condition to which the appeal relates. 2022, c. 21, Sched. 9, s. 19 (5). Same, hearing on the merits (27.0.3) For the purposes of clause (27.0.2) (a), a hearing on the merits of an appeal is considered to be scheduled on the date on which the Tribunal first orders the hearing to be scheduled, and is not affected by an adjournment or rescheduling of the hearing. 2022, c. 21, Sched. 9, s. 19 (5). Same (27.0.4) For greater certainty, a hearing on the merits of an appeal does not include mediation or any other dispute resolution process, settlement negotiations, a case management conference or any other step in the appeal that precedes such a hearing. 2022, c. 21, Sched. 9, s. 19 (5). Use of dispute resolution techniques (27.1) When a notice of appeal is filed under subsection (19) or (27), the council or the Minister may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 33 (8). Notice and invitation (27.2) If the council or the Minister decides to act under subsection (27.1), (a) the council or Minister shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) the council or Minister shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council or Minister considers appropriate, (ii) the applicant, if the applicant is not an appellant, and (iii) any other persons or public bodies that the council or Minister considers appropriate. 2015, c. 26, s. 33 (8). Extension of time (27.3) When the council or Minister gives a notice under clause (27.2) (a), the 15-day period mentioned in clause (28) (b) and in subsections (29.1) and (29.2) is extended to 75 days. 2015, c. 26, s. 33 (8). Participation voluntary (27.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (27.2) (b) is voluntary. 2015, c. 26, s. 33 (8). Record (28) If the clerk or the Minister, as the case may be, receives a notice of appeal under subsection (19) or (27), the clerk or the Minister shall ensure that, (a) a record is compiled which includes the information and material prescribed; (b) the record, the 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 (19) or (27); 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. 32; 2017, c. 23, Sched. 5, s. 100 (4); 2021, c. 25, Sched. 24, s. 4 (8). Appeals withdrawn (29) If all appeals under subsection (19) or (27) are withdrawn and the time for appealing has expired, the Tribunal shall notify the council or the Minister, as the case may be, and subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Exception (29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 29; 2017, c. 23, Sched. 5, s. 100 (5). Decision final (29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final.  1999, c. 12, Sched. M, s. 29. Hearing (30) On an appeal, the Tribunal shall hold a hearing, of which notice shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 100 (6). Dismissal without hearing (31) Despite the Statutory Powers Procedure Act and subsection (30), 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 the provisional consent or could 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) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council or the Minister before a provisional consent was given or refused and, in the opinion of the Tribunal, the appellant does not provide a reasonable explanation for having failed to make a submission; (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. 2017, c. 23, Sched. 5, s. 100 (6); 2019, c. 9, Sched. 12, s. 16 (3); 2021, c. 4, Sched. 6, s. 80 (1). Representation (32) 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 (31) (e).  2000, c. 26, Sched. K, s. 5 (7); 2017, c. 23, Sched. 5, s. 80. Dismissal (32.1) The Tribunal may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate. 2017, c. 23, Sched. 5, s. 100 (6). Decision final (33) If all appeals under subsection (19) or (27) are dismissed or withdrawn, the Tribunal shall notify the council or the Minister and, subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Powers (34) On an appeal under subsection (14) or (19), the Tribunal may make any decision that the council or the Minister, as the case may be, could have made on the original application and on an appeal of the conditions under subsection (27), the Tribunal shall determine the question as to the condition or conditions appealed to it. 2017, c. 23, Sched. 5, s. 100 (6). Amended application (35) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, at any time before issuing its order, written notice is given to the persons and public bodies prescribed under subsection (10) and to any person or public body conferred with under subsection (11) on the original application. 2017, c. 23, Sched. 5, s. 100 (6). No written notice (35.1) The Tribunal is not required to give written notice under subsection (35) if, in the opinion of the Tribunal, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 100 (6). Notice (36) Any person or public body that receives notice under subsection (35) may, not later than 30 days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Order (37) If, after the expiry of the time period in subsection (36), no notice of intent has been received, the Tribunal may issue its order.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80. Notice received (38) If a notice of intent under subsection (36) is received, the Tribunal may hold a hearing or resume the hearing on the amended application or issue its order without holding a hearing or resuming the hearing.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (14); 2017, c. 23, Sched. 5, s. 80. Consent (39) If a provisional consent has been given by the Tribunal under subsection (34), the council or the Minister shall give the consent, but if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2017, c. 23, Sched. 5, s. 100 (6); 2021, c. 25, Sched. 24, s. 4 (9). Same (40) If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2021, c. 25, Sched. 24, s. 4 (10). Conditions not fulfilled (41) If conditions have been imposed and the applicant has not, within a period of two years after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of two years from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33). 2021, c. 25, Sched. 24, s. 4 (11). Transition (41.1) For greater certainty, subsection (41), as it reads on and after the day subsection 4 (11) of Schedule 24 to the Supporting Recovery and Competitiveness Act, 2021 comes into force, does not apply with respect to an application that was, before that day, deemed to have been refused under subsection (41), as it read immediately before that day. 2021, c. 25, Sched. 24, s. 4 (11). Certificate (42) When a consent has been given under this section, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant stating that the consent has been given and the certificate is conclusive evidence that the consent was given and that the provisions of this Act leading to the consent have been complied with and that, despite any other provision of this Act, the council or the Minister had jurisdiction to grant the consent and after the certificate has been given no action may be maintained to question the validity of the consent.  1994, c. 23, s. 32. Same, retained land (42.1) If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give the same form of certificate described in subsection (42) to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent, (a) requests that the certificate be given; and (b) provides a registrable legal description of the retained land. 2021, c. 25, Sched. 24, s. 4 (12). Lapse of consent (43) A consent given under this section lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.  1994, c. 23, s. 32. Where delegation (44) If a land division committee or a committee of adjustment has had delegated to it the authority for the giving of consents, any reference in this section to the clerk of the municipality shall be deemed to be a reference to the secretary-treasurer of the land division committee or committee of adjustment.  1994, c. 23, s. 32. Certificate of cancellation (45) An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply to the council or the Minister, whichever is authorized to give a consent in respect of the land at the time of the application, for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land. 2021, c. 25, Sched. 24, s. 4 (13). Same, deemed delegation (46) A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45). 2021, c. 25, Sched. 24, s. 4 (13). Same, application (47) An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires. 2021, c. 25, Sched. 24, s. 4 (13). Provision of certificate (48) If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant. 2021, c. 25, Sched. 24, s. 4 (13). Cancellation (49) After the registration of a certificate of cancellation referred to in subsection (45), (a) subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and (b) for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent. 2021, c. 25, Sched. 24, s. 4 (13). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 32 - 28/03/1995; 1996, c. 4, s. 29 (1-14) - 22/05/1996; 1999, c. 12, Sched. M, s. 29 - 22/12/1999 2000, c. 26, Sched. K, s. 5 (7) - 06/12/2000 2004, c. 18, s. 9
- 30/11/2004 2006, c. 23, s. 23 (1-4)
- 01/01/2007 2009, c. 33, Sched. 21, s. 10 (14) - 15/12/2009 2015, c. 26, s. 33 (1-8)
- 01/07/2016 2017, c. 23, Sched. 5, s. 80, 81, 100 (1-6) - 03/04/2018 2019, c. 9, Sched. 12, s. 16 (1-3) - 03/09/2019 2020, c. 34, Sched. 20, s. 2 (1, 2) - 08/12/2020 2021, c. 4, Sched. 6, s. 80 (1, 8) - 01/06/2021; 2021, c. 25, Sched. 24, s. 4 (1-13) - 01/01/2022 2022, c. 21, Sched. 9, s. 19 (1-5) - 28/11/2022