PART III OFFICIAL PLANS
Request for amendment
22 (1) If a person or public body requests a council to amend its official plan, the council shall, (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.  1996, c. 4, s. 13; 2004, c. 18, s. 4 (1); 2006, c. 23, s. 11 (1). Request to planning board (2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall, (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.  1996, c. 4, s. 13; 2004, c. 18, s. 4 (2); 2006, c. 23, s. 11 (2). (2.1)-(2.1.2) Repealed: 2022, c. 21, Sched. 9, s. 6 (1). No request for amendment re protected major transit station area policies (2.1.3) If a protected major transit station area is identified in an official plan in accordance with subsection 16 (15) or (16), no person or public body shall request an amendment in respect of any of the policies described in those subsections in respect of that area, including, for greater certainty, policies described in subclauses 16 (16) (b) (i) and (ii) that are contained in the official plan of a lower-tier municipality. 2017, c. 23, Sched. 3, s. 8 (1). Exception (2.2) If the council has declared by resolution that a request described in subsection (2.1.3) is permitted, which resolution may be made in respect of a specific request, a class of requests or in respect of such requests generally, the relevant subsection does not apply. 2017, c. 23, Sched. 3, s. 8 (2); 2022, c. 21, Sched. 9, s. 6 (2). No open house or public meeting (3) Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.  2006, c. 23, s. 11 (3). Consultation (3.1) The council or planning board, (a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and (b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a).  2006, c. 23, s. 11 (3). Prescribed information (4) A person or public body that requests an amendment to the official plan of a municipality or planning board shall provide the prescribed information and material to the council or planning board.  1996, c. 4, s. 13. Other information (5) A council or a planning board may require that a person or public body that requests an amendment to its official plan provide any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 11 (4). Refusal and timing (6) Until the council or planning board has received the information and material required under subsections (4) and (5), if any, and any fee under section 69, (a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and (b) the time periods referred to in paragraphs 1 and 2 of subsection (7.0.2) do not begin.  2006, c. 23, s. 11 (4). Response re completeness of request (6.1) Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 11 (4). Motion re dispute (6.2) Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Tribunal determine, (a) whether the information and material have in fact been provided; or (b) whether a requirement made under subsection (5) is reasonable.  2006, c. 23, s. 11 (4); 2017, c. 23, Sched. 5, s. 88 (1). Same (6.3) If the council or planning board does not give any notice under subsection (6.1), the person or public body may make a motion under subsection (6.2) at any time after the 30-day period described in subsection (6.1) has elapsed.  2006, c. 23, s. 11 (4). Notice of particulars and public access (6.4) Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Tribunal advises the clerk of the municipality or the secretary-treasurer of the planning board of its affirmative decision under subsection (6.2), as the case may be, the council or planning board shall, (a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and (b) make the information and material provided under subsections (4) and (5) available to the public.  2006, c. 23, s. 11 (4); 2015, c. 26, s. 21 (3); 2017, c. 23, Sched. 5, s. 80. Final determination (6.5) The Tribunal’s determination under subsection (6.2) is not subject to appeal or review.  2006, c. 23, s. 11 (4); 2017, c. 23, Sched. 5, s. 80. Notice of refusal (6.6) A council or planning board that refuses a request to amend its official plan shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal, (a) to the person or public body that made the request; (b) to each person or public body that filed a written request to be notified of a refusal; (c) to the appropriate approval authority; and (d) to any prescribed person or public body. 2015, c. 26, s. 21 (4). Contents (6.7) The notice under subsection (6.6) shall contain, (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (6.8) had on the decision; and (b) any other information that is prescribed. 2015, c. 26, s. 21 (4). Written and oral submissions (6.8) Clause (6.7) (a) applies to, (a) any written submissions relating to the request that were made to the council or planning board before its decision; and (b) any oral submissions relating to the request that were made at a public meeting. 2015, c. 26, s. 21 (4). Appeal to Tribunal (7) When a person or public body requests an amendment to the official plan of a municipality or planning board, any of the following may appeal to the Tribunal in respect of all or any part of the requested amendment, by filing a notice of appeal with the clerk of the municipality or the secretary-treasurer of the planning board, if one of the conditions set out in subsection (7.0.2) is met: 1. The person or public body that requested the amendment. 2. The Minister. 3. The appropriate approval authority.  2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 5, s. 80. (7.0.0.1), (7.0.0.2) Repealed: 2019, c. 9, Sched. 12, s. 4 (1). Consolidated hearing (7.0.1) 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 amendment requested under subsection (1) or (2) unless, (a) one of the conditions set out in subsection (7.0.2) is met; (b) if the plan is exempt from approval, the requested amendment has been adopted under subsection 17 (22); (c) the approval authority makes a decision under subsection 17 (34); or (d) the time period referred to in subsection 17 (40) has expired. 2021, c. 4, Sched. 6, s. 80 (3). Conditions (7.0.2) The conditions referred to in subsections (7) and (7.0.1) are: 1. The council or the planning board fails to adopt the requested amendment within 120 days after the day the request is received. 2. A planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 120 days after the day the request is received. 3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment. 4. A planning board refuses to approve a requested amendment under subsection 18 (1).  2006, c. 23, s. 11 (5); 2017, c. 23, Sched. 3, s. 8 (4); 2019, c. 9, Sched. 12, s. 4 (2). (7.0.2.1) Repealed: 2019, c. 9, Sched. 12, s. 4 (3). Time for appeal (7.0.3) A notice of appeal under paragraph 3 or 4 of subsection (7.0.2) shall be filed no later than 20 days after the day that the giving of notice under subsection (6.6) is completed.  2006, c. 23, s. 11 (5). When giving of notice deemed completed (7.0.4) For the purposes of subsection (7.0.3), the giving of written notice shall be deemed to be completed, (a) 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 personal service, on the day that the serving of all required notices is completed; (c) where notice is given by mail, on the day that the mailing of all required notices is completed; and (d) 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. 2015, c. 26, s. 21 (5). Appeals restricted re certain amendments (7.1) Despite subsection (7) and subsections 17 (36) and (40), there is no appeal in respect of, (a) a refusal or failure to adopt an amendment described in subsection (7.2); or (b) a refusal or failure to approve an amendment described in subsection (7.2).  2006, c. 23, s. 11 (6). Exception re Minister (7.1.1) Subsection (7.1) does not apply to an appeal by the Minister in respect of an amendment described in clause (7.2) (d). 2018, c. 16, s. 8 (4). Application of subs. (7.1) (7.2) Subsection (7.1) applies in respect of amendments requested under subsection (1) or (2) that propose to, (a) alter all or any part of the boundary of an area of settlement in a municipality; (b) establish a new area of settlement in a municipality; (c) amend or revoke policies adopted to authorize the use of, (i) a second residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit, (ii) a third residential unit in a detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units, or (iii) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of land, if the detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (d) authorize a renewable energy undertaking. 2006, c. 23, s. 11 (6); 2011, c. 6, Sched. 2, s. 4; 2018, c. 16, s. 8 (5); 2022, c. 21, Sched. 9, s. 6 (3); 2023, c. 10, Sched. 6, s. 5. Same (7.3) If the official plan contains policies dealing with the removal of land from areas of employment, subsection (7.1) also applies in respect of amendments requested under subsection (1) or (2) that propose to remove any land from an area of employment, even if other land is proposed to be added.  2006, c. 23, s. 11 (6). Exception (7.4) Despite subsection (7.1), a person or public body may appeal to the Tribunal in respect of all or any part of a requested amendment described in clause (7.2) (a) or (b) if the requested amendment, (a) is in respect of the official plan of a lower-tier municipality; and (b) conforms with the official plan of the upper-tier municipality.  2006, c. 23, s. 11 (6); 2017, c. 23, Sched. 5, s. 80. Contents (8) A notice of appeal under subsection (7) shall, (a) set out the specific part of the requested official plan amendment to which the appeal applies, if the notice of appeal does not apply to all of the requested amendment; and (a.1), (a.2) Repealed: 2019, c. 9, Sched. 12, s. 4 (4) (b) be accompanied by the fee charged by the Tribunal.  1996, c. 4, s. 13; 2017, c. 23, Sched. 3, s. 8 (6); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 4 (4); 2021, c. 4, Sched. 6, s. 80 (1). Use of dispute resolution techniques (8.1) If an appeal under subsection (7) is brought in accordance with paragraph 3 or 4 of subsection (7.0.2), the council or planning board may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 21 (6). Notice and invitation (8.2) If the council or planning board decides to act under subsection (8.1), (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and (b) it shall give an invitation to participate in the dispute resolution process to, (i) as many of the appellants as the council or planning board considers appropriate, (ii) the person or public body that made the request to amend the plan, (iii) the Minister, (iv) the appropriate approval authority, and (v) any other persons or public bodies that the council or planning board considers appropriate. 2015, c. 26, s. 21 (6). Extension of time (8.3) When the council or planning board gives a notice under clause (8.2) (a), the 15-day period mentioned in subclauses (9) (b) (ii) and (9) (c) (ii), in clauses (9.1) (b) and (9.1.1) (c) and in subsection (9.3) is extended to 75 days. 2015, c. 26, s. 21 (6). Participation voluntary (8.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (8.2) (b) is voluntary. 2015, c. 26, s. 21 (6). Record (9) The clerk of a municipality or the secretary-treasurer of a planning board who receives a notice of appeal under subsection (7) shall ensure that, (a) a record is compiled which includes the prescribed information and material; (b) the notice of appeal, the record and the fee are forwarded to the Tribunal, (i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed, (ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; (c) the notice of appeal and the record are forwarded to the appropriate approval authority, whether or not the plan is exempt from approval, (i) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), within 15 days after the notice is filed, (ii) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), within 15 days after the last day for filing a notice of appeal; and (d) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 2017, c. 23, Sched. 5, s. 88 (2). Exception (9.1) Clauses (9) (b) and (d) do not apply, (a) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed; (b) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal. 2015, c. 26, s. 21 (8). Same (9.1.1) Clause (9) (c) does not apply, (a) if the approval authority has notified the municipality or the planning board that it does not wish to receive copies of the notices of appeal and the records; (b) in the case of an appeal brought in accordance with paragraph 1 or 2 of subsection (7.0.2), if the appeal is withdrawn within 15 days after the notice is filed; (c) in the case of an appeal brought in accordance with paragraph 3 or 4 of subsection (7.0.2), if all appeals under subsection (7) are withdrawn within 15 days after the last day for filing a notice of appeal. 2015, c. 26, s. 21 (8). Appeals withdrawn, amendment (9.2) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the date that the most recent notice of appeal was filed, the council or planning board may, unless there are any outstanding appeals, proceed to give notice of the public meeting to be held under subsection 17 (15) or adopt or refuse to adopt the requested amendment, as the case may be.  2006, c. 23, s. 11 (7). Decision final (9.3) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) in respect of all or any part of the requested amendment are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or planning board is final on the day that the last outstanding appeal has been withdrawn.  2006, c. 23, s. 11 (7). Other information (10) A person or public body that files a notice of appeal under subsection (7) shall provide to the Tribunal the prescribed information or material and such other information as the Tribunal may require. 2017, c. 23, Sched. 5, s. 88 (2). Application (11) Subsections 17 (44) to (44.7), (45), (45.1), (46), (46.1), (49), (50) and (50.1) apply with necessary modifications to a requested official plan amendment under this section, except that subsections 17 (44.1) to (44.7) and (45.1) do not apply to an appeal under subsection (7) of this section, brought in accordance with paragraph 1 or 2 of subsection (7.0.2). 2019, c. 9, Sched. 12, s. 4 (5). (11.0.1)-(11.0.19) Repealed: 2019, c. 9, Sched. 12, s. 4 (5). Matters of provincial interest (11.1) Where an appeal is made to the Tribunal under this section, the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the amendment or any part of the amendment in respect of which the appeal is made, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify, (a) the provisions of the amendment or any part of the amendment by which the provincial interest is, or is likely to be, adversely affected; and (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected. 2017, c. 23, Sched. 3, s. 8 (8); 2019, c. 9, Sched. 12, s. 4 (6). No hearing or notice required (11.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (11.1).  2004, c. 18, s. 4 (9). Confirmation by L.G. in C. (11.3) If the Tribunal has received a notice from the Minister under subsection (11.1), the decision of the Tribunal is not final and binding in respect of the provisions identified in the notice unless the Lieutenant Governor in Council has confirmed the decision in respect of those provisions. 2019, c. 9, Sched. 12, s. 4 (7). Action of L.G. in C. (11.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the provisions of the amendment or the provisions of any part of the amendment identified in the notice and in doing so may direct the Minister to modify the amendment to the plan.  2004, c. 18, s. 4 (9); 2017, c. 23, Sched. 5, s. 88 (3). Withdrawal of appeal (12) If all appeals under subsection (7) brought in accordance with paragraph 1 or 2 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the council or the planning board may proceed to give notice of the public meeting or adopt or refuse to adopt the requested amendment, as the case may be. 2017, c. 23, Sched. 5, s. 88 (4). Same (13) If all appeals under subsection (7) brought in accordance with paragraph 3 or 4 of subsection (7.0.2) are dismissed by the Tribunal without holding a hearing or are withdrawn, the Tribunal shall notify the council or the planning board and the decision of the council or the planning board is final on the day that the last outstanding appeal has been withdrawn or dismissed. 2017, c. 23, Sched. 5, s. 88 (4). Section Amendments with date in force (d/m/y) 1996, c. 4, s. 13 - 22/05/1996; 1999, c. 12, Sched. M, s. 23 (1, 2) - 22/12/1999 2004, c. 18, s. 4 (1-4, 7, 8, 10) - 15/12/2003; 2004, c. 18, s. 4 (5, 6, 9)
- 30/11/2004 2006, c. 23, s. 11 (1-10)
- 01/01/2007 2011, c. 6, Sched. 2, s. 4 - 01/01/2012 2015, c. 26, s. 21 (1-8)
- 01/07/2016 2017, c. 23, Sched. 3, s. 8 (1-9) - 03/04/2018; 2017, c. 23, Sched. 5, s. 80, 81, 88 (1-4) - 03/04/2018 2018, c. 16, s. 8 (4, 5)
- 01/06/2019 2019, c. 9, Sched. 12, s. 4 (1-7) - 03/09/2019 2021, c. 4, Sched. 6, s. 80 (1, 3) - 01/06/2021 2022, c. 21, Sched. 9, s. 6 (1-3) - 28/11/2022 2023, c. 10, Sched. 6, s. 5 - 08/06/2023