Community planning permit by-law
 4. (1) Section 34 of the Act, section 113 of the City of Toronto Act, 2006 and the regulations made under those sections apply, with necessary modifications, to the making of a community planning permit by-law, and the by-law is deemed to be a by-law passed under section 34 of the Act, except as set out in this Regulation. O. Reg. 173/16, s. 4 (1). (1.1) Despite subsection (1), there is no appeal under subsection 34 (19) of the Act in respect of the passing of a community planning permit by-law in response to an order under subsection 70.2.2 (1) of the Act if the municipality has not previously passed such a by-law in response to the order. O. Reg. 301/19, s. 1. (1.2) Subsection (1.1) does not apply to an appeal by the Minister. O. Reg. 301/19, s. 1. (2) A community planning permit by-law shall, (a) contain a description of the area to which the by-law applies, which shall be within the boundaries of an area identified in the official plan as a proposed community planning permit area; (b) set out and define the permitted uses of land; (c) set out a list of minimum and maximum standards for development; (c.1) give effect to the policies described in subsection 16 (4) of the Act, if the municipality is prescribed for the purposes of that subsection; (d) set out any internal review procedures regarding decisions made under subsection 10 (9); (e) set out the manner in which notice shall be given, under subsection 10 (13), of decisions made under subsection 10 (9); (f) provide that a community planning permit may be amended as described in the by-law; (g) provide that an agreement referred to in paragraph 7 of subsection (5) may be amended as described in the by-law; (h) provide that an agreement referred to in section 6 may be amended in the same way as an agreement referred to in paragraph 7 of subsection (5); (i) if the council wishes to impose conditions in making decisions under subsection 10 (9), outline the conditions; (j) if the council is delegating any authority under the by-law, set out the scope of the authority that is delegated and any limitations on the delegation; and (k) state that the placement of a portable classroom on a school site of a district school board is exempt from the requirement for a community planning permit if the school site was in existence on January 1, 2007, in accordance with section 16. O. Reg. 173/16, s. 4 (2); O. Reg. 234/18, s. 1 (1). (3) A community planning permit by-law may, in addition to the matters set out in subsection 34 (1) of the Act, (a) prohibit any development or change of use of land unless a community planning permit is obtained; (b) set out and define classes of development; (c) exempt any defined class of development or use of land from the requirement for a community planning permit; (d) set out a list of classes of development or uses of land that may be permitted if the criteria set out in the official plan and in the by-law have been met; (d.1) give effect to the policies described in subsection 16 (4) of the Act, if the municipality is not prescribed for the purposes of that subsection; (e) set out criteria that the council shall use in making decisions under subsection 10 (9); and (f) set out a range of possible variations from the standards referred to in clause (2) (c) that may be authorized in connection with the issuing of a community planning permit. O. Reg. 173/16, s. 4 (3); O. Reg. 234/18, s. 1 (2). (3.1) Before the parts of a community planning permit by-law referred to in clauses (2) (c.1) and (3) (d.1) are passed, the official plan in effect in the municipality must contain the policies described in subsection 16 (4) of the Act. O. Reg. 234/18, s. 1 (3). (3.2) Subsections 35.2 (2) to (9) of the Act, except clause 35.2 (2) (e), apply with necessary modifications if a community planning permit by-law gives effect to the policies described in subsection 16 (4) of the Act. O. Reg. 234/18, s. 1 (3). (4) A condition that is outlined for the purposes of clause (2) (i) shall, (a) be of a type that is permitted by the official plan; (b) be reasonable for and related to the appropriate use of the land; and (c) not conflict with federal and provincial statutes and regulations. O. Reg. 173/16, s. 4 (4). (5) Some examples of conditions that may be outlined for the purposes of clause (2) (i) are: 1. A condition that is permitted by section 34, 40, 41 or 42 of the Act or by section 113 or 114 of the City of Toronto Act, 2006. 2. A condition that is related to the removal or restoration of vegetation. 3. A condition that is related to site alteration, including but not limited to, i. alteration or restoration of the grade of land, and ii. placing or dumping fill. 4. A condition that is related to ongoing monitoring requirements that are considered necessary for the protection of, i. public health and safety, or ii. the natural environment. 5. A condition that requires the provision of specified facilities, services and matters in exchange for a specified height or density of development, which may be within the ranges set out under clause (2) (c) or outside those ranges as set out under clause (3) (f). 6. With respect to land described in paragraph 3, 3.1 or 3.2 of subsection 34 (1) of the Act, a condition that is related to the matters that would otherwise be prohibited under those paragraphs. 7. A condition requiring the owner of the land to enter into one or more agreements with the municipality respecting one or more other conditions imposed under clause 10 (9) (c), (d) or (e). O. Reg. 173/16, s. 4 (5). (6) A condition described in paragraph 5 of subsection (5) may be imposed only if, (a) the official plan sets out policies relating to the application of that paragraph; (b) the by-law specifically identifies the area of the municipality in respect of which a condition described in that paragraph may be imposed; and (c) the by-law establishes a proportional relationship between the quantity or monetary value of the facilities, services and matters that may be required and the height or density of development that may be allowed. O. Reg. 173/16, s. 4 (6).