Prescription of building line
196.(1)The council of a local municipality, as a preliminary step to the widening of a highway or any part thereof, may pass by-laws fixing as a building line the minimum distance from the limit of the highway at which buildings may thereafter be erected or placed, and prohibiting the erection or placing of any building or part thereof closer to the limit of the highway than the distance fixed by the by-law. Approval of Municipal Board (2)A by-law under subsection (1) shall not come into force until it is approved by the Municipal Board, and when so approved shall not be amended or repealed except with the approval of the Board and on such terms as the Board may determine. Notice (3)The council shall, in such manner and to such persons as the Municipal Board may direct, give notice of its application to the Municipal Board for approval of any by-law passed under this section. Maximum building line (4)The building line fixed by the by-law shall not be distant more than six metres from the limit of the highway. Exceptions (5)Despite subsection (4), for the purpose of carrying out an official plan in effect under the Planning Act or for the purpose of improving the appearance or utility of the highway, the Municipal Board may authorize the establishment of the building line at a distance greater than six metres from the limit of the highway in respect of any part or parts of the highway. Building line need not be uniform (6)The distance between the limit of the highway and the building line need not be the same for all parts of the highway or part of a highway in respect of which the by-law is passed. Exceptions from operation of by-law (7)A by-law passed under subsection (1) shall not prevent the erection or placing closer to the limit of the highway than the distance fixed in the by-law of any one-storey shop or building front of such temporary character, conformable to the existing by-laws and regulations, as may be reasonable. Compulsory acquisition of land (8)After the by-law has been passed and approved by the Municipal Board, (a) if three-quarters of the frontage measured along one limit of the highway between two streets intersecting the highway is clear of buildings, other than one-storey shop or building fronts, back to the building line; or (b) if, at any time after the expiration of ten years from the date of the by-law, a majority of the owners of the land fronting and abutting on one limit of the highway between two streets intersecting the highway so petition in writing, the municipality shall acquire the land fronting and abutting on that limit of the highway and lying between the two streets intersecting the highway and between the limit of the highway and the building line. Board may authorize delay (9)Although the conditions set out in clause (8) (a) have been fulfilled, the Municipal Board may from time to time authorize the municipality to delay its acquisition of the land in question, but no such authority shall be given so as to delay the acquisition beyond ten years from the date of the by-law. Conveyance to municipality when land clear (10)Where that part of the land of any owner lying between the limit of the highway and the building line is or becomes clear of buildings and the owner offers to convey that part to the municipality, the municipality shall accept the conveyance and is liable for compensation to the owner or the persons entitled thereto to the same extent as if the by-law had been passed to widen the highway. Limitation on compensation (11)In determining the compensation payable by the municipality for the taking of lands for the widening of a portion of a highway in respect of which a building line has been fixed under this section, the municipality is not liable to pay compensation for or in respect of any building erected in contravention of the by-law fixing the building line. By-law not to give rise to claims (12)Despite this Act or any other Act and except as provided in subsection (10), the municipality is not liable to pay any compensation or damages by reason of having passed a by-law under subsection (1). Registration of by-law; plan of work (13)Every by-law under this section, when approved by the Municipal Board, shall be registered in the proper land registry office and when tendered for registration shall have attached thereto a plan or plans and any supplementary memorandum that may be needed to furnish adequate local description to comply with the Registry Act, prepared by an Ontario land surveyor and showing the position of the building line in relation to the limit of the highway. R.S.O. 1990, c. M.45, s. 196. PART XIV   ARBITRATIONS