jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Regulation, “official” means, (a) the clerk of the municipality where the approval authority is the council of the municipality, a committee of council or an appointed officer, (b) the secretary-treasurer of the municipal planning authority where the approval authority is a municipal planning authority, a committee of the municipal planning authority or an appointed officer, (c) the secretary-treasurer of the planning board where the approval authority is a planning board, and (d) an employee of the Ministry of Municipal Affairs and Housing where the approval authority is the Minister; (“fonctionnaire”) “reserve” means a tract of land, the legal title of which is vested in the Crown in right of Canada, that has been set apart by the Crown for the use and benefit of a First Nation. (“réserve”) O. Reg. 196/96, s. 1.
2. The information and material to be provided by the applicant under subsection 51 (17) of the Act are set out in the Schedule. O. Reg. 196/96, s. 2.
4. (1) If the land that is the subject of an application for approval of a plan of subdivision under subsection 51 (16) of the Act is located in a municipality or in the planning area of a planning board, the approval authority shall ensure that a public meeting under clause 51 (20) (b) of the Act is held. O. Reg. 196/96, s. 4 (1). (2) Subsections 3 (1) to (9) apply with necessary modifications to the giving of notice of a public meeting under subsection (1). O. Reg. 196/96, s. 4 (2). (3) The notice of a public meeting shall include the following: 1. The date, time and location of the public meeting. 2. A description of the proposed plan of subdivision. 3. A description of the land or a key map showing the location of the land proposed to be subdivided. 4. The following statement: If a person or public body that files an appeal of a decision of (name of the approval authority) in respect of the proposed plan of subdivision, does not make oral submissions at the public meeting, if one is held, or make written submissions to (name of the approval authority) before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. O. Reg. 196/96, s. 4 (3). (4) Despite subsection (3), if notice of a public meeting is given by posting on the property, the notice shall include the following: 1. The date, time and location of the public meeting. 2. A description of the proposed plan of subdivision. 3. Where and when additional information regarding the proposed plan of subdivision will be available to the public for inspection. 4. How to obtain a copy of the written notice of the public meeting. O. Reg. 196/96, s. 4 (4).
5. The public meeting mentioned in section 4 shall be held no sooner than 14 days after the requirements for the giving of notice of a public meeting have been complied with. O. Reg. 196/96, s. 5.
6. Where a local municipality or planning board gives notice of an application for approval of a plan of subdivision pursuant to a request by an approval authority under subsection 51 (21) of the Act, it shall submit to the approval authority both of the following: 1. A certified copy of the written notice of the application. 2. An affidavit or sworn declaration by an employee of the local municipality or planning board certifying that the requirements for the giving of notice of an application under clause 51 (20) (a) of the Act have been complied with. O. Reg. 196/96, s. 6.
7. Where a local municipality or planning board holds a public meeting pursuant to a request by an approval authority under subsection 51 (21) of the Act, it shall submit the following to the approval authority: 1. The original or a copy of all written submissions and comments received by the local municipality or the planning board on or before the day the public meeting was held. 2. An affidavit or sworn declaration by an employee of the local municipality or the planning board certifying that the requirements for the giving of notice and the holding of a public meeting under clause 51 (20) (b) of the Act have been complied with. 3. An affidavit or sworn declaration by an employee of the local municipality or the planning board listing all persons and public bodies that made oral submissions at the public meeting. 4. A copy of the minutes of the public meeting, if any. O. Reg. 196/96, s. 7.
8. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 51 (35) (a) of the Act shall include the following: 1. The original or a certified copy of the application received by the approval authority. 2. The original or a certified copy of the notice of appeal and the date it was received. 3. The original or a copy of all written submissions and comments received. 4. Where the local municipality or planning board gives notice of an application for approval of a plan of subdivision, the affidavit or sworn declaration submitted to the approval authority under paragraph 2 of section 6. 5. Where the approval authority gives notice of an application for approval of a plan of subdivision, an affidavit or sworn declaration of an employee of the approval authority certifying that the requirements for the giving of notice under clause 51 (20) (a) of the Act have been complied with. 6. Where the local municipality or planning board gives notice and holds the public meeting, the affidavit or sworn declaration submitted to the approval authority under paragraph 2 of section 7. 7. Where the approval authority gives notice and holds the public meeting, an affidavit or sworn declaration of an employee of the approval authority certifying that the requirements for the giving of notice and the holding of the public meeting under clause 51 (20) (b) of the Act have been complied with. 8. Where the local municipality or planning board holds the public meeting, the affidavit or sworn declaration submitted to the approval authority under paragraph 3 of section 7. 9. Where the approval authority holds the public meeting, an affidavit or sworn declaration of an employee of the approval authority listing all persons and public bodies that made oral submissions at the public meeting. 10. A copy of the minutes of the public meeting, if any. 11. A copy of any planning report considered by the approval authority. O. Reg. 196/96, s. 8.
9. (1) Notice of the decision of an approval authority under subsection 51 (37) of the Act shall include the following: 1. A copy of the decision of the approval authority, including the conditions and the lapsing provision, if any. 2. The last date for filing a notice of appeal of the decision of the approval authority and a statement that the notice of appeal must be filed with the approval authority setting out the reasons for the appeal and be accompanied by the fee required by the Ontario Municipal Board. 3. A statement that the applicant or any public body may, at any time before the approval of the final plan of subdivision, appeal any of the conditions imposed by the approval authority to the Ontario Municipal Board by filing with the approval authority a notice of appeal. 4. If applicable, the following statement: You will be entitled to receive notice of any changes to the conditions of approval of the proposed plan of subdivision if you have made a written request to be notified of changes to the conditions of approval of the proposed plan of subdivision. 5. The following statement: Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. 6. If it is known that the land proposed to be subdivided is the subject of an application under the Act for an amendment to an official plan, a zoning by-law, a Minister’s zoning order or a minor variance, a statement of that fact and the file number of the application. O. Reg. 196/96, s. 9 (1). (2) Where the approval authority of a proposed plan of subdivision is not the Minister, notice of the decision of an approval authority under subsection 51 (37) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the approval authority a written request to be given notice of its decisions on applications for approval of plans of subdivision. O. Reg. 196/96, s. 9 (2); O. Reg. 504/98, s. 2.
10. (1) Notice of changes to the conditions of approval of a plan of subdivision under subsection 51 (45) of the Act shall include the following: 1. A copy of the proposed changes to the conditions of draft approval. 2. A statement that the applicant or any public body may, at any time before the approval of the final plan of subdivision, appeal any of the conditions of draft approval to the Ontario Municipal Board by filing a notice of appeal with the approval authority. 3. The last date for filing a notice of appeal of the conditions of draft approval and a statement that the notice of appeal must be filed with the approval authority, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board. 4. The following statement: Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. O. Reg. 196/96, s. 10 (1). (2) Where the approval authority of a proposed plan of subdivision is not the Minister, notice of changes to the conditions of approval of a plan of subdivision under subsection 51 (45) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the approval authority a written request to be given notice of changes to the conditions of approval of plans of subdivision. O. Reg. 196/96, s. 10 (2); O. Reg. 504/98, s. 3.
11. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 51 (50) (a) of the Act shall include the following: 1. The information and material set out in section 8. 2. A copy of the decision of the approval authority, including the conditions and the lapsing provision, if any. 3. If applicable, an affidavit or sworn declaration by an employee of the approval authority certifying that the requirements for the giving of notice of the decision under subsection 51 (37) of the Act have been complied with. 4. If applicable, a copy of the proposed changes to the conditions of draft approval. 5. If applicable, an affidavit or sworn declaration by an employee of the approval authority certifying that the requirements for the giving of notice of change of conditions under subsection 51 (45) of the Act have been complied with. O. Reg. 196/96, s. 11.
12. Sections 3 to 7 do not apply to an application for approval of a condominium description. O. Reg. 196/96, s. 12.
13. Omitted (revokes other Regulations and provides for transition). O. Reg. 196/96, s. 13.