PART VII GENERAL
Transition
75 (1) Any matter or proceeding that was commenced on or after March 28, 1995 but before this section came into force shall be continued and finally disposed of under this Act as it read on the day before this section came into force. Determination of date (2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced on the day determined under subsection 74.1 (2). Exception (3) Despite subsection (1), in exercising any authority in respect of a matter or proceeding referred to in subsection (5), the council of a municipality, a local board, a planning board, the Minister and the Tribunal, shall have regard to the policy statements issued under subsection 3 (1) if, (a) the matter or proceeding was commenced on or after March 28, 1995; and (b) no decision has been made in respect of the matter or proceeding.  1996, c. 4, s. 41; 2017, c. 23, Sched. 5, s. 80. Exception, comments, etc. (4) Despite subsection (1), in providing any comments, submissions or advice with respect to any matter or proceeding referred to in subsection (5), a minister or a ministry, board, commission or agency of the government shall have regard to the policy statements issued under subsection 3 (1), if, (a) the matter or proceeding was commenced on or after March 28, 1995; and (b) no decision has been made in respect of the matter or proceeding.  1996, c. 4, s. 41; 1998, c. 15, Sched. E, s. 27 (12). Deemed commencement (5) For the purposes of clauses (3) (a) and (4) (a), a matter or proceeding shall be deemed to have been commenced, (a) in the case of a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted; (b) in the case of an application for an amendment to a zoning by-law under section 34 that has been refused or has not been decided before the day this section comes into force, on the day the application is made; (c) in the case of an application for a minor variance under section 45, on the day the application is made; (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day the application is made; and (e) in the case of an application for a consent under section 53, on the day the application is made. Determination of date of decision (6) For the purposes of clauses (3) (b) and (4) (b), a decision shall be deemed to have been made, (a) in the case of a request for an amendment to an official plan by any person or public body, on the day that, (i) the council or planning board adopts all or part of the amendment, (ii) the council or planning board refuses to adopt all or part of the amendment, or (iii) the approval authority proposes to approve, modifies and approves or refuses to approve all or part of the amendment; (b) in the case of an application for an amendment to a zoning by-law under section 34, on the day that, (i) the council passes the amending by-law, or (ii) the council refuses the application to amend the by-law; (c) in the case of an application for a minor variance under section 45, on the day a decision is made by the committee of adjustment; (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day that the approval authority decides to give or refuses to give approval to the draft plan under subsection 51 (31); and (e) in the case of an application for a consent under section 53, on the day the council or the Minister gives or refuses to give a provisional consent. Transition (7) If subsection (3) applies to all or part of an official plan, subsection 3 (8) of this Act, as it read before the coming into force of section 3 of the Land Use Planning and Protection Act, 1996, does not apply to the plan.  1996, c. 4, s. 41. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 41 - 22/05/1996; 1998, c. 15, Sched. E, s. 27 (12) - 01/04/1999 2017, c. 23, Sched. 5, s. 80 - 03/04/2018