PART V LAND USE CONTROLS AND RELATED ADMINISTRATION
Request for order
34.1 (1) The council of a municipality may pass a resolution requesting that the Minister, (a) make an order that involves the exercise of the municipality’s powers under section 34, or that may be exercised in a development permit by-law; or (b) amend an order made under subsection (9) of this section. 2022, c. 12, Sched. 5, s. 5. No delegation (2) A council may not delegate its powers under subsection (1). 2022, c. 12, Sched. 5, s. 5. Content of resolution (3) A resolution referred to in clause (1) (a) shall identify, (a) the lands to which the requested order would apply; and (b) the manner in which the exercise of the municipality’s powers under section 34, or that may be exercised in a development permit by-law, would be exercised in respect to the lands. 2022, c. 12, Sched. 5, s. 5. Same (4) A resolution referred to in clause (1) (b) shall identify the requested amendments to the order. 2022, c. 12, Sched. 5, s. 5. Same (5) For greater certainty, the inclusion of a draft by-law with the resolution shall be deemed to satisfy the requirements of clause (3) (b) or subsection (4), as the case may be. 2022, c. 12, Sched. 5, s. 5. Consultation (6) Before passing a resolution referred to in subsection (1), the municipality shall, (a) give notice to the public in such manner as the municipality considers appropriate; and (b) consult with such persons, public bodies and communities as the municipality considers appropriate. 2022, c. 12, Sched. 5, s. 5. Forwarding to Minister (7) Within 15 days after passing a resolution referred to in subsection (1), the municipality shall forward to the Minister, (a) a copy of the resolution; (b) a description of the consultation undertaken pursuant to clause (6) (b); (c) a description of any licences, permits, approvals, permissions or other matters that would be required before a use that would be permitted by the requested order could be established; and (d) any prescribed information and material. 2022, c. 12, Sched. 5, s. 5. Other information (8) The Minister may require the council to provide such other information or material that the Minister considers necessary. 2022, c. 12, Sched. 5, s. 5. Orders (9) The Minister may make an order, (a) upon receiving a request from a municipality under subsection (1), exercising the municipality’s powers under section 34, or that may be exercised in a development permit by-law, in the manner requested by the municipality with such modifications as the Minister considers appropriate; and (b) upon receiving a request from the municipality or at such other time as the Minister considers advisable, amending the order made under clause (a). 2022, c. 12, Sched. 5, s. 5. Lands covered by orders (10) An order under subsection (9) shall apply to the lands requested by the municipality with such modifications as the Minister considers appropriate. 2022, c. 12, Sched. 5, s. 5. Non-application to Greenbelt Area (11) An order under subsection (9) may not be made in respect of any land in the Greenbelt Area. 2022, c. 12, Sched. 5, s. 5. Non-application to order (12) Despite any Act or regulation, the following do not apply to the making of an order under subsection (9): 1. A policy statement issued under subsection 3 (1). 2. A provincial plan. 3. An official plan. 2022, c. 12, Sched. 5, s. 5. Conditions (13) The Minister may, in an order under subsection (9), impose such conditions on the use of land or the erection, location or use of buildings or structures as in the opinion of the Minister are reasonable. 2022, c. 12, Sched. 5, s. 5. Same (14) When a condition is imposed under subsection (13), (a) the Minister or the municipality in which the land in the order is situate may require an owner of the land to which the order applies to enter into an agreement with the Minister or the municipality, as the case may be; (b) the agreement may be registered against the land to which it applies; and (c) the Minister or the municipality, as the case may be, may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2022, c. 12, Sched. 5, s. 5. Application of subs. (12) to licences, etc. (15) If a licence, permit, approval, permission or other matter is required before a use permitted by an order under subsection (9) may be established and the resolution referred to in subsection (1) includes a request that the Minister act under this subsection, the Minister may, in an order under subsection (9), provide that subsection (12) applies, with necessary modifications, to such licence, permit, approval, permission or other matter. 2022, c. 12, Sched. 5, s. 5. Coming into force (16) An order made under subsection (9) comes into force in accordance with the following rules: 1. If no condition has been imposed under subsection (13), the order comes into force on the day the order is made or on such later day as is specified in the order. 2. If a condition has been imposed under subsection (13), the order comes into force on the later of, i. the day the Minister gives notice to the clerk of the municipality that the Minister is satisfied that all conditions have been or will be fulfilled, and ii. the day specified in the order. 2022, c. 12, Sched. 5, s. 5. Copy of order to clerk (17) After making an order under subsection (9), the Minister shall provide a copy of the order to the clerk of the municipality in which the land in the order is situate. 2022, c. 12, Sched. 5, s. 5. Same, conditions fulfilled (18) When the Minister gives notice to the clerk for the purposes of subparagraph 2 i of subsection (16), the Minister shall provide a copy of the order that does not include the conditions imposed under subsection (13). 2022, c. 12, Sched. 5, s. 5. Same, not revocation (19) For greater certainty, the provision of a copy of the order that does not include the conditions imposed under subsection (13) is not a revocation of the order originally provided to the clerk. 2022, c. 12, Sched. 5, s. 5. Publication and availability (20) The following publication rules apply with respect to an order under subsection (9): 1. Within 15 days after receiving a copy of the order pursuant to subsection (17) or (18), as the case may be, the clerk shall, i. provide a copy of the order to the owner of any land subject to the order and to any other prescribed persons or public bodies, and ii. make the order available to the public in accordance with the regulations, if any. 2. The clerk shall ensure that the order remains available to the public until such time as the order is revoked. 3. If the municipality in which the lands subject to the order are situate has a website, the clerk shall ensure that the order is published on such website. 2022, c. 12, Sched. 5, s. 5. Revocation order (21) The Minister may, by order, revoke an order under subsection (9). 2022, c. 12, Sched. 5, s. 5. Copy of revocation order to clerk (22) The Minister shall provide a copy of an order under subsection (21) to the clerk of the municipality in which the land is situate. 2022, c. 12, Sched. 5, s. 5. Publication of revocation order (23) The following publication rules apply with respect to an order under subsection (21): 1. Within 15 days after receiving a copy of the order pursuant to subsection (22), the clerk shall, i. provide a copy of the order to the owner of any land subject to the order and to any other prescribed persons or public bodies, and ii. make the order available to the public in accordance with the regulations, if any. 2. If the municipality in which the lands subject to the order are situate has a website, the clerk shall ensure that the order is published on such website. 2022, c. 12, Sched. 5, s. 5. Conflict (24) In the event of a conflict between an order under subsection (9) and a by-law under section 34 or 38 or a predecessor of those sections, the order prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect. 2022, c. 12, Sched. 5, s. 5. Guidelines (25) Before an order may be issued under subsection (9), the Minister must establish guidelines respecting orders under subsection (9) and publish the guidelines in accordance with subsection (26). 2022, c. 12, Sched. 5, s. 5. Same, publishing (26) The Minister shall publish and maintain the guidelines established under subsection (25) on a website of the Government of Ontario. 2022, c. 12, Sched. 5, s. 5. Same, content (27) Guidelines under subsection (25) may be general or particular in application and may, among other matters, restrict orders to certain geographic areas or types of development. 2022, c. 12, Sched. 5, s. 5. Non-application of Legislation Act, 2006, Part III (28) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order under subsection (9) or (21) or to a guideline under subsection (25). 2022, c. 12, Sched. 5, s. 5. Deemed zoning by-law (29) An order under subsection (9) that has come into force is deemed to be a by-law passed under section 34 for the purposes of the following: 1. Subsections 34 (9), 41 (3) and 47 (3) of this Act. 2. Sections 46, 49, 67 and 67.1 of this Act. 3. Subsection 114 (3) of the City of Toronto Act, 2006. 4. The Building Code Act, 1992. 5. Any other prescribed Act, regulation or provision of an Act or regulation. 2022, c. 12, Sched. 5, s. 5. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 5, s. 5 - 14/04/2022