PART VI SUBDIVISION OF LAND
Definitions
51.1 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 32 (1); 2020, c. 18, Sched. 17, s. 4; 2022, c. 21, Sched. 9, s. 18 (1). Land conveyed or dedicated for parkland (1) The approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes. 1994, c. 23, s. 31. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51.1 (1) of the Act is amended by adding “Subject to subsection (1.1),” at the beginning. (See: 2022, c. 21, Sched. 9, s. 18 (2)) Note: On a day to be named by proclamation of the Lieutenant Governor, section 51.1 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 18 (3)) Same, affordable residential units (1.1) With respect to land proposed for a plan of subdivision that will include affordable residential units or attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or residential units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed under subsection (1) shall not exceed 5 per cent of the land multiplied by the ratio of A to B where, “A” is the number of residential units that are part of the development or redevelopment but are not affordable residential units, attainable residential units or residential units described in subsection 4.3 (2) of the Development Charges Act, 1997; and “B” is the number of residential units that are part of the development or redevelopment. 2022, c. 21, Sched. 9, s. 18 (3). Exception, non-profit housing development (1.2) A condition under subsection (1) may not be imposed in relation to a subdivision proposed for non-profit housing development defined in subsection 4.2 (1) of the Development Charges Act, 1997. 2022, c. 21, Sched. 9, s. 18 (4). Other criteria (2) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality in which the land is located has a by-law in effect under section 42 that provides for the alternative requirement authorized by subsection 42 (3), the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 600 net residential units proposed or at such lesser rate as may be determined by the municipality. 2022, c. 21, Sched. 9, s. 18 (5). (2.1)-(2.3) Repealed: 2022, c. 21, Sched. 9, s. 18 (5). Conveyance of described land (2.4) If land proposed for a plan of subdivision includes land identified as encumbered land in an order under subsection 42 (4.27), the encumbered land, (a) shall be conveyed to the local municipality for park or other public recreational purposes; and (b) despite any provision in a by-law passed under section 42, shall be deemed to count towards any requirement applicable to the plan of subdivision under this section. 2022, c. 12, Sched. 5, s. 10. Payment in lieu (3) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) does not apply, the municipality may require a payment in lieu, to the value of the land otherwise required to be conveyed. 2015, c. 26, s. 32 (2). Same, net residential units (3.0.1) For the purposes of subsection (2) and (3.1), the net residential units proposed shall be determined by subtracting the number of residential units on the land immediately before the draft plan of subdivision is approved from the number of residential units that are proposed to be on the land proposed to be subdivided. 2022, c. 21, Sched. 9, s. 18 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, section 51.1 of the Act is amended by adding the following subsection: (See: 2022, c. 21, Sched. 9, s. 18 (7)) Same, affordable residential units (3.0.2) Affordable residential units and attainable residential units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and residential units described in subsection 4.3 (2) of that Act, shall be excluded from the number of net residential units otherwise determined in accordance with subsection (3.0.1). 2022, c. 21, Sched. 9, s. 18 (7). Same (3.1) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, the municipality may require a payment in lieu, calculated by using a rate of one hectare for each 1,000 net residential units proposed or such lesser rate as may be determined by the municipality. 2015, c. 26, s. 32 (2); 2022, c. 21, Sched. 9, s. 18 (8). Transition (3.2) If the draft plan of subdivision is approved on or before the effective date, the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, (a) subsection (3.1) does not apply; and (b) subsection (3), as it reads on the day before the effective date, continues to apply. 2015, c. 26, s. 32 (2). Transition (3.2.1) Subsections (2) and (3.1), as they read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, continue to apply to a draft plan of subdivision approved on or before that date, if, (a) the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality; and (b) subsection (2), as it read immediately before the day subsection 18 (9) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, applies. 2022, c. 21, Sched. 9, s. 18 (9). (3.3) Repealed: 2022, c. 21, Sched. 9, s. 18 (10). Limits on subs. (2) re conveyance percentage (3.4) The amount of land a municipality may require to be conveyed under subsection (2) or the amount of a payment in lieu a municipality may require under subsection (3.1) shall not exceed, (a) if the land included in the plan of subdivision is five hectares or less in area, 10 per cent of the land or the value of the land, as the case may be; or (b) if the land included in the plan of subdivision is greater than five hectares in area, 15 per cent of the land or the value of the land, as the case may be. 2022, c. 12, Sched. 5, s. 10. Transition (3.5) Subsection (3.4) does not apply to a draft plan of subdivision approved before the day subsection 18 (11) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force unless the land included in the plan of subdivision is designated as transit-oriented community land under subsection 2 (1) of the Transit-Oriented Communities Act, 2020. 2022, c. 21, Sched. 9, s. 18 (11). Determination of value (4) For the purpose of determining the amount of any payment required under subsection (3) or (3.1), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (3). Application (5) Subsections 42 (5) and (12) to (17) apply with necessary modifications to a conveyance of land or a payment of money under this section.  1994, c. 23, s. 31; 2015, c. 26, s. 32 (4); 2019, c. 9, Sched. 12, s. 15 (6). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 31 - 28/03/1995 2015, c. 26, s. 32 (1-4)
- 01/07/2016 2019, c. 9, Sched. 12, s. 15 (1-5, 7) - no effect - see 2020, c. 18, Sched. 17, s. 6 - 21/07/2020; 2019, c. 9, Sched. 12, s. 15 (6) - 18/09/2020; 2019, c. 15, Sched. 31, s. 4 (1, 2) - no effect - see 2020, c. 18, Sched. 17, s. 7 - 21/07/2020 2020, c. 18, Sched. 17, s. 4 - 18/09/2020 2022, c. 12, Sched. 5, s. 10 - 14/04/2022; 2022, c. 21, Sched. 9, s. 18 (1, 4-6, 8-11) - 28/11/2022; 2022, c. 21, Sched. 9, s. 18 (2, 3, 7) - not in force