PART VII GENERAL
Regulations re periods of time during emergency
70.11 (1) The Minister may make regulations, (a) governing the application of periods of time described in provisions of this Act or the regulations or in section 114 of the City of Toronto Act, 2006 during the period of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act, including, (i) providing that the period of the emergency shall not be included for the purposes of counting a period of time, (ii) providing that a period of time that ended on or after the day the emergency was declared and before the day a regulation made under this clause is filed is deemed not to have ended, and prescribing such rules as are necessary or advisable to address any issues that arise as a result of the period of time being deemed not to have ended, including, (A) requiring or permitting any persons or public bodies to take certain steps or actions, or (B) deeming an appeal of the failure or neglect of a municipal council or other decision-maker to make a decision or give notice of a decision within the period of time not to have been made; (b) providing that a by-law passed under a provision to which a regulation under clause (a) applies and that is in effect at the time an emergency is declared under section 7.0.1 of the Emergency Management and Civil Protection Act is deemed to remain in effect for a specified period of time after the by-law would otherwise expire, which period of time shall not exceed the total number of days of the emergency; (c) providing that any order made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act
on or after a regulation made under this clause is filed does not apply with respect to this Act or the regulations or section 114 of the City of Toronto Act, 2006; (d) providing that an order, or part of an order, made under subsection 7.1 (2) of the Emergency Management and Civil Protection Act before a regulation made under this clause is filed does not apply and is deemed to have never applied with respect to this Act or the regulations or section 114 of the City of Toronto Act, 2006, and prescribing such rules as are necessary or advisable to address any issues that arise as a result of the order, or part of the order, being deemed to have never applied, including requiring or permitting any persons or public bodies to take certain steps or actions. 2020, c. 6, Sched. 4, s. 1. Rules under subs. (1) (d) (2) The rules set out in a regulation made under clause (1) (d) may provide that a provision of this Act or the regulations or section 114 of the City of Toronto Act applies with such modifications as may be specified. 2020, c. 6, Sched. 4, s. 1. Conflict with Emergency Management and Civil Protection Act (3) A regulation made under this section may provide that it applies despite the Emergency Management and Civil Protection Act or any provision of that Act. 2020, c. 6, Sched. 4, s. 1. Retroactivity (4) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2020, c. 6, Sched. 4, s. 1. Interpretation, period of an emergency (5) For greater certainty, a reference in this section to the period of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act shall be read as including any extension of the emergency under section 7.0.7 of that Act. 2020, c. 6, Sched. 4, s. 1. Conflict (6) For greater certainty, in the event of a conflict between a regulation made under this section and a provision of this Act or of another regulation made under this Act, whether made by the Minister or the Lieutenant Governor in Council, or section 114 of the City of Toronto Act, 2006, the regulation made under this section prevails. 2020, c. 6, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 6, Sched. 4, s. 1 - 14/04/2020 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 21, Sched. 9, s. 22) Regulations re transitional matters, 2022 amendments 70.12 (1) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before, on or after the effective date. 2022, c. 21, Sched. 9, s. 22. Same (2) Without limiting the generality of subsection (1), a regulation made under that subsection may, (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 reads on and after the effective date; (b) for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2022, c. 21, Sched. 9, s. 22. Conflict (3) A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation. 2022, c. 21, Sched. 9, s. 22. Definition (4) In this section, “effective date” means the day section 22 of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force. 2022, c. 21, Sched. 9, s. 22. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 9, s. 22 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 21, Sched. 9, s. 23) Transition, upper-tier municipalities without planning responsibilities 70.13 (1) In this section, “effective date” means, (a) in respect of an upper-tier municipality referred to in paragraphs 1 to 7 of the definition of “upper-tier municipality without planning responsibilities” in subsection 1 (1), the day on which subsection 1 (2) of Schedule 9 to the More Homes Built Faster Act, 2022 comes into force, and (b) in respect of an upper-tier municipality prescribed under subsection 1 (6) of this Act as an upper-tier municipality without planning responsibilities, the day on which the regulation prescribing the upper-tier municipality as such comes into force. 2022, c. 21, Sched. 9, s. 23. Upper-tier official plans (2) The portions of an official plan of an upper-tier municipality without planning responsibilities that are in effect immediately before the effective date and that apply in respect of any area in a lower-tier municipality are deemed to constitute an official plan of the lower-tier municipality, and this official plan remains in effect until the lower-tier municipality revokes it or amends it to provide otherwise. 2022, c. 21, Sched. 9, s. 23. Official plans or amendments not yet in force (3) If an upper-tier municipality without planning responsibilities has adopted an official plan or an amendment to its official plan and that official plan or amendment is not yet in force on the effective date, the following rules apply: 1. The plan or amendment shall be dealt with under this Act as it reads on and after the effective date. 2. If any portion of the plan or amendment applies in respect of an area in a lower-tier municipality, the lower-tier municipality is deemed to have adopted that portion of the plan or amendment. 3. Despite paragraphs 1 and 2, the upper-tier municipality remains responsible for doing any of the following, if it hasn’t been done before the effective date: i. Giving notice under subsection 17 (23). ii. Compiling and forwarding the record under subsection 17 (31), if the plan or amendment is not exempt from approval. 4. Despite paragraphs 1 and 2, the clerk of the upper-tier municipality remains responsible for compiling and forwarding the record under subsection 17 (29), if the plan or amendment is exempt from approval and a notice of appeal under subsection 17 (24) is filed before the effective date. 2022, c. 21, Sched. 9, s. 23. Official plans and amendments in process (4) If an upper-tier municipality without planning responsibilities has commenced procedures to adopt an official plan or an amendment to its official plan and that official plan or amendment has not been adopted on the effective date, any lower-tier municipality to which the plan or amendment would apply may continue with the procedures necessary to adopt the official plan or amendment to the extent that it applies to the lower-tier municipality. 2022, c. 21, Sched. 9, s. 23. Requests for amendments to official plan (5) If a request to amend the official plan of an upper-tier municipality without planning responsibilities has been made before the effective date and the request has not been finally disposed of by that date, every lower-tier municipality to which the amendment would apply may continue with the procedures necessary to dispose of the request for amendment to the extent that the amendment applies to the lower-tier municipality. 2022, c. 21, Sched. 9, s. 23. Forwarding of papers and other documents (6) The upper-tier municipality without planning responsibilities shall forward to the applicable lower-tier municipality all papers, plans, documents and other material that relate to any official plan, amendment or request under subsection (4) or (5). 2022, c. 21, Sched. 9, s. 23. Conflict (7) In the event of a conflict, the portions of an official plan of an upper-tier municipality without planning responsibilities that are deemed under subsection (2) to constitute an official plan of the lower-tier municipality and an official plan or an amendment to an official plan that the lower-tier municipality is deemed to have adopted under subsection (3) prevail over an official plan of a lower-tier municipality that existed before the effective date. 2022, c. 21, Sched. 9, s. 23. Plans of subdivision (8) If an application for approval of a plan of subdivision has been made to an upper-tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper-tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed plan of subdivision. 2022, c. 21, Sched. 9, s. 23. Consents (9) If an application for a consent has been made to an upper-tier municipality without planning responsibilities before the effective date and has not been finally disposed of by that date, the upper-tier municipality without planning responsibilities shall forward the application to the applicable lower-tier municipality along with all papers, plans, documents and other material that relate to the proposed consent. 2022, c. 21, Sched. 9, s. 23. Regulations (10) The Minister may make regulations providing for transitional matters in respect of matters and proceedings that were commenced before, on or after the effective date. 2022, c. 21, Sched. 9, s. 23. Same (11) Without limiting the generality of subsection (10), a regulation made under that subsection may, (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 reads on and after the effective date; (b) for the purpose of subsection (10), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation. 2022, c. 21, Sched. 9, s. 23. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 9, s. 23 - not in force