hordruma/ontario_laws_and_regs huggingface dataset:
PART VI SUBDIVISION OF LAND
Validation certificate
57 (1) A council authorized to give a consent under section 53, other than a council authorized to give a consent pursuant to an order under section 4, may issue a certificate of validation in respect of land described in the certificate, providing that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1) (b), as it read on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land.  1993, c. 26, s. 63; 1996, c. 4, s. 30 (1). Limitation (2) A certificate of validation under subsection (1) or an order of the Minister under subsection (3) does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day on which the certificate is issued or order is made.  1993, c. 26, s. 63. Territorial district (3) If the Minister has authority to give consents under section 53, the Minister may by order exercise the powers conferred upon a council by subsection (1) in respect of land in a territorial district.  2002, c. 17, Sched. B, s. 23. Proviso (4) No order shall be made by the Minister under subsection (3) in respect of land situate in a local municipality unless the council of the local municipality in which the land is situate has by by-law requested the Minister to make such order, and the council has the power to pass that by-law.  1993, c. 26, s. 63; 2009, c. 33, Sched. 21, s. 10 (15). Conditions (5) A council may, as a condition to the passage of a by-law under subsection (4), impose such conditions in respect of any land described in the by-law as it considers appropriate.  1993, c. 26, s. 63. Criteria for certificate (6) No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53. 2021, c. 25, Sched. 24, s. 7. (7) Repealed:
2021, c. 25, Sched. 24, s. 7. Conditions (8) A council or the Minister may, as a condition to issuing a certificate of validation or order, impose such conditions in respect of any land described in the certificate or order as it considers appropriate.  1993, c. 26, s. 63. Proviso (9) Nothing in this section derogates from the power a council or the Minister has to grant consents referred to in section 53.  1993, c. 26, s. 63. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 63 - 02/12/1993; 1996, c. 4, s. 30 (1) - 22/05/1996 2002, c. 17, Sched. B, s. 23 - 01/01/2003 2009, c. 33, Sched. 21, s. 10 (15) - 15/12/2009 2021, c. 25, Sched. 24, s. 7 - 01/01/2022 PART VII   GENERAL
PART VII GENERAL
Acquisition of land
58 The Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, applies to the acquisition of land under this Act.  2006, c. 32, Sched. C, s. 47 (12). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 24 - 01/01/2003 2006, c. 32, Sched. C, s. 47 (12) - 01/01/2007
PART VII GENERAL
Fair hearing
61 Where, in passing a by-law under this Act, a council is required by this Act, by the provisions of an official plan or otherwise by law, to afford any person an opportunity to make representation in respect of the subject-matter of the by-law, the council shall afford such person a fair opportunity to make representation but throughout the course of passing the by-law the council shall be deemed to be performing a legislative and not a judicial function.  R.S.O. 1990, c. P.13, s. 61.
PART VII GENERAL
Not subject to Act
62 (1) An undertaking of Hydro One Inc. (as defined in subsection 2 (1) of the Electricity Act, 1998) or Ontario Power Generation Inc. (as defined in subsection 2 (1) of that Act) that has been approved under the Environmental Assessment Act is not subject to this Act.  1998, c. 15, Sched. E, s. 27 (11); 2002, c. 1, Sched. C, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 62 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 62 (1)) Not subject to Act (1) An undertaking or Part II.3 project of Hydro One Inc. (as defined in subsection 2 (1) of the Electricity Act, 1998) or Ontario Power Generation Inc. (as defined in subsection 2 (1) of that Act) that has been approved under the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006. 2020, c. 18, Sched. 6, s. 62 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 62 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 23, s. 1 (1)) Exempted projects by transmitters, OPG (1) A project within the meaning of the Environmental Assessment Act is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if, (a) the project is undertaken by a transmitter in respect of a transmission system, within the meaning of those terms under the Electricity Act, 1998, and, (i) the project is approved under Part II.3 of the Environmental Assessment Act, or (ii) the prescribed requirements for commencing the project under Part II.4 of the Environmental Assessment Act have been satisfied; or (b) the project is undertaken by Ontario Power Generation Inc. and has been approved under Part II.3 of the Environmental Assessment Act. 2021, c. 25, Sched. 23, s. 1 (1). Subsidiaries included (2) For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation.  1998, c. 15, Sched. E, s. 27 (11). Note: On a day to be named by proclamation of the Lieutenant Governor, section 62 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 23, s. 1 (2)) Transition (3) Subsection (1), as it read on the day before the day subsection 1 (1) of Schedule 23 to the Supporting Recovery and Competitiveness Act, 2021 came into force, continues to apply to an undertaking approved under Part II.1 of the
Environmental Assessment Act before the day Part II.1 of that Act was repealed by section 26 of Schedule 6 to the COVID-19 Economic Recovery Act, 2020. 2021, c. 25, Sched. 23, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 27 (11) - 01/04/1999 2002, c. 1, Sched. C, s. 4 - 27/06/2002 2020, c. 18, Sched. 6, s. 62 (1) - not in force; 2020, c. 18, Sched. 6, s. 62 (2, 3) - no effect - see 2021, c. 25, Sched. 23, s. 2 - 03/06/2021 2021, c. 25, Sched. 23, s. 1 (1, 2) - not in force
PART VII GENERAL
Variation of notice requirements
62.1 The Minister, the council of a municipality or a planning board may by agreement with a First Nation vary or waive the prescribed notice requirements to a band in respect of an official plan, a zoning by-law or any application under this Act.  1994, c. 23, s. 37. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 37 - 28/03/1995
PART VII GENERAL
Deemed compliance
63 If the Minister, the council of a municipality, a planning board or the Tribunal exercises any authority under this Act, including giving an approval, an exemption from an approval or a consent, the provisions of this Act that relate to or are requirements for the exercise of the authority shall be deemed to have been complied with upon the decision becoming final.  1996, c. 4, s. 32; 1999, c. 12, Sched. M, s. 30; 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 32 - 22/05/1996; 1999, c. 12, Sched. M, s. 30 - 22/12/1999 2017, c. 23, Sched. 5, s. 80 - 03/04/2018
PART VII GENERAL
Reporting on planning matters
64 A council of a municipality or planning board, as the case may be, shall, (a) if requested by the Minister, provide such information to the Minister on such planning matters as the Minister may request; and (b) report on the prescribed planning matters in accordance with the regulations. 2022, c. 12, Sched. 5, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 59 (1) - 15/12/2009 2022, c. 12, Sched. 5, s. 11 - 14/04/2022
PART VII GENERAL
Discretionary dispute resolution techniques
65 The Minister, the council of a municipality, a local board, a planning board or the Tribunal or their agents shall, if they consider it appropriate, at any time before a decision is made under this Act, use mediation, conciliation or other dispute resolution techniques to attempt to resolve concerns or disputes in respect of any planning application or matter.  1994, c. 23, s. 39; 2017, c. 23, Sched. 5, s. 80. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 39 - 28/03/1995 2017, c. 23, Sched. 5, s. 80 - 03/04/2018
PART VII GENERAL
Effect where authority delegated
66 If the Minister or the council delegates an authority under this Act, including the authority to give an approval, an exemption from an approval or a consent, the exercise of the authority and the decision of the delegate has the same force and effect as if it were the exercise of authority or the decision of the Minister or the council, as the case may be.  1996, c. 4, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 33 - 22/05/1996
PART VII GENERAL
Penalty
67 (1) Every person who contravenes section 41, section 46, subsection 49 (4) or section 52 or who contravenes a by-law passed under section 34 or 38 or an order made under section 47 and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $25,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.  1994, c. 2, s. 48. Corporation (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection (1). Order of prohibition (3) Where a conviction is entered under subsection (1), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.  R.S.O. 1990, c. P.13, s. 67 (2, 3). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 48 - 14/07/1994
PART VII GENERAL
Proceeds of fines
67.1 If an offence has been committed under section 41, 52 or 67 or under a by-law passed under section 34 or 38, and a proceeding in respect of the offence is undertaken by the municipality or planning board and a conviction has been entered, the proceeds of any fine in relation to the offence shall be paid to the treasurer of the municipality or secretary-treasurer of the planning board and section 2 of the Administration of Justice Act
and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.  1996, c. 4, s. 34; 1997, c. 24, s. 226 (8). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 34 - 22/05/1996; 1997, c. 24, s. 226 (8) - 17/06/1998
PART VII GENERAL
Exception
68 (1) Despite section 53 of the Assessment Act, it is not an offence to disclose the information referred to therein to any employee of a municipality or of a planning board who declares that such information is required in the course of his or her planning duties.  R.S.O. 1990, c. P.13, s. 68 (1); 1994, c. 23, s. 41 (1). Offence (2) An employee of a municipality or of a planning board who wilfully discloses or permits to be disclosed the information referred to in subsection (1) to any other person not likewise entitled in the course of his or her duties to acquire or have access to the information is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.13, s. 68 (2); 1994, c. 23, s. 41 (2). Exception (3) This section does not prevent disclosure of such information by any person when being examined as a witness in an action or other proceeding in a court or in an arbitration.  R.S.O. 1990, c. P.13, s. 68 (3). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 41 (1, 2) - 28/03/1995
PART VII GENERAL
Tariff of fees
69 (1) The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff.  R.S.O. 1990, c. P.13, s. 69 (1); 1996, c. 4, s. 35 (1). Reduction or waiver of fees (2) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee in processing an application may reduce the amount of or waive the requirement for the payment of a fee in respect of the application where the council, planning board or committee is satisfied that it would be unreasonable to require payment in accordance with the tariff.  R.S.O. 1990, c. P.13, s. 69 (2); 1996, c. 4, s. 35 (2). Same (2.1) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee, in processing an application related to development or redevelopment that will include affordable housing units, shall not require the payment of a fee that is greater than the maximum fee prescribed for the type of application being made. 2016, c. 25, Sched. 4, s. 9. Payment under protest: appeal to Tribunal (3) Any person who is required to pay a fee under subsection (1) for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Tribunal against the levying of the fee or the amount of the fee by giving written notice of appeal to the Tribunal within thirty days of payment of the fee. 2017, c. 23, Sched. 5, s. 101. Hearing (4) The Tribunal shall hear an appeal made under subsection (3) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Tribunal determines. 2017, c. 23, Sched. 5, s. 101. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 35 (1-3) - 22/05/1996 2016, c. 25, Sched. 4, s. 9 - 12/04/2018 2017, c. 23, Sched. 5, s. 101 - 03/04/2018
PART VII GENERAL
Fees
69.1 (1) The Minister may charge fees for the processing of applications to the Minister in respect of planning matters including the approval of an official plan or official plan amendment.  1993, c. 26, s. 64 ; 1994, c. 23, s. 42. Same (2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1).  1993, c. 26, s. 64. Section Amendments with date in force (d/m/y) 1993, c. 26, s. 64 - 02/12/1993; 1994, c. 23, s. 42 - 28/03/1995
PART VII GENERAL
Fees
69.2 (1) If a prescribed municipality fails to adopt a plan and submit it for approval as an official plan, the Minister may charge fees to the municipality for the processing of planning applications by the Minister in respect of land situate in the municipality, including the approval of an official plan or official plan amendment.  1994, c. 23, s. 43; 2002, c. 17, Sched. B, s. 25. Reduction (2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1).  1994, c. 23, s. 43. Proviso (3) Nothing in this section prevents the Minister from charging a fee under section 69.1 in addition to a fee under this section.  1994, c. 23, s. 43. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 43 - 28/03/1995 2002, c. 17, Sched. B, s. 25 - 01/01/2003
PART VII GENERAL
General regulations, Lieutenant Governor in Council
70 The Lieutenant Governor in Council may make regulations, (a) prescribing criteria for the purposes of subsection 45 (1.0.1); (b)-(f) Repealed:  1996, c. 4, s. 36. (g) prescribing the form of a warrant and the form in which the information on oath will be taken under section 49.1; (h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy.  1994, c. 23, s. 44; 1996, c. 4, s. 36; 2006, c. 23, s. 25; 2015, c. 26, s. 34. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 70 (h) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 62 (8)) (h) for the purposes of section 62.0.1, prescribing a project, class of projects, an undertaking or class of undertakings that relates to energy. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 70 (h) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 6, s. 62 (9)) (h) for the purposes of section 62.0.1, prescribing a project or class of projects that relates to energy. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 44 - 28/03/1995; 1996, c. 4, s. 36 - 22/05/1996 2006, c. 23, s. 25
- 01/01/2007 2015, c. 26, s. 34
- 01/07/2016 2020, c. 18, Sched. 6, s. 62 (8, 9) - not in force
PART VII GENERAL
Use of alternate terminology
70.2.1 (1) A regulation made under subsection 70.2 (1), an order made under section 70.2.2 or a by-law passed under section 70.2 or 70.2.2 may refer to development permits as community planning permits. 2015, c. 26, s. 37. Same (2) When a regulation, order or by-law refers to development permits as community planning permits, as described in subsection (1), (a) the effect of the regulation, order or by-law is the same for all purposes as if the expression “development permit” were used; and (b) a permit that is referred to as a community planning permit is a development permit for all purposes. 2015, c. 26, s. 37. Same (3) Subsections (1) and (2) also apply with respect to combined expressions such as “development permit system” and “development permit by-law”. 2015, c. 26, s. 37. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 37
- 01/07/2016
PART VII GENERAL
Orders re development permit system
70.2.2 (1) The Minister may, by order, require a local municipality to adopt or establish a development permit system that applies to, (a) the area specified in the order, in the case of an order that delineates the area’s boundaries; or (b) an area surrounding and including a specified location, in the case of an order that does not delineate the area’s boundaries. 2019, c. 9, Sched. 12, s. 19. Non-application of Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2019, c. 9, Sched. 12, s. 19. Effect of order under cl. (1) (a) (3) When an order made under clause (1) (a) is in effect, the local municipality shall, within the time period, if any, specified in the order, adopt or establish a development permit system in respect of the area referred to in clause (1) (a). 2019, c. 9, Sched. 12, s. 19. Effect of order under cl. (1) (b) (4) When an order made under clause (1) (b) is in effect, the local municipality shall, within the time period, if any, specified in the order, adopt or establish a development permit system in respect of, (a) the specified location referred to in clause (1) (b); and (b) an area surrounding the specified location referred to in clause (1) (b). 2019, c. 9, Sched. 12, s. 19. Determination of boundaries (5) For the purposes of clause (4) (b), the local municipality has discretion to determine the boundaries of the area that is to be governed by the development permit system. 2019, c. 9, Sched. 12, s. 19. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 37
- 01/07/2016 2019, c. 9, Sched. 12, s. 19 - 03/09/2019
PART VII GENERAL
Regulations re transitional and other matters, 2004 amendments
70.4 (1) The Minister may make regulations, (a) providing for transitional matters respecting matters and proceedings that were commenced before or after the Strong Communities (Planning Amendment) Act, 2004 came into force; (b) modifying or replacing all or any part of the definition of “area of settlement” in subsection 1 (1).  2004, c. 18, s. 10. Same (2) Without limiting clause (1) (a), a regulation under that clause may, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day immediately before the Strong Communities (Planning Amendment) Act, 2004 came into force and which matters and proceedings must be continued and disposed of under this Act as it read on the day the Strong Communities (Planning Amendment) Act, 2004 came into force; (b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation.  2004, c. 18, s. 10. Retroactive (3) A regulation under this section may be retroactive to December 15, 2003.  2004, c. 18, s. 10. Scope (4) A regulation under this section may be general or particular in its application.  2004, c. 18, s. 10. Conflict (5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation.  2004, c. 18, s. 10. Section Amendments with date in force (d/m/y) 2004, c. 18, s. 10
- 15/12/2003
PART VII GENERAL
Regulations re transitional and other matters, 2006 amendments
70.5 (1) The Minister may make regulations, (a) providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date; (b) modifying or replacing all or any part of the definition of “area of employment” in subsection 1 (1).  2006, c. 23, s. 28. Same (2) A regulation under clause (1) (a) may, without limitation, (a) determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act as it read on the effective date; (b) for the purpose of clause (1) (a), deem a matter or proceeding to have been commenced on the date or in the circumstances prescribed in the regulation.  2006, c. 23, s. 28. Retroactive (3) A regulation under clause (1) (a) may be retroactive to December 12, 2005.  2006, c. 23, s. 28. Scope (4) A regulation under this section may be general or particular in its application.  2006, c. 23, s. 28. Conflict (5) A regulation under clause (1) (a) prevails over any provision of this Act specifically mentioned in the regulation.  2006, c. 23, s. 28. Definition (6) In this section, “effective date” means the date on which section 28 of the Planning and Conservation Land Statute Law Amendment Act, 2006 comes into force.  2006, c. 23, s. 28. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 28
- 01/01/2007