jswizzle3737/ontario_laws_and_regs huggingface dataset:
Rules re Section 29 of the Act
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Prescribed circumstances, par. 1 of s. 29 (8) of the Act
 2. (1) The following circumstances and corresponding periods of time are prescribed for the purpose of paragraph 1 of subsection 29 (8) of the Act: 1.  If, before the end of the 120-day period referred to in paragraph 1 of subsection 29 (8) of the Act, the council and the owner of the property agree to extend the period of time set out in that paragraph, the period of time for the purposes of that paragraph is the period that the council and the owner have agreed upon. 2.  If any part of the 120-day period referred to in paragraph 1 of subsection 29 (8) of the Act falls within a period when an emergency has been declared to exist in the municipality in which the property is situate, or in any part thereof, under the Emergency Management and Civil Protection Act by the head of the council of the municipality, the period of time for the purposes of paragraph 1 of subsection 29 (8) of the Act is 120 days after the day on which the emergency has terminated. 3.  If, during the 120-day period referred to in paragraph 1 of subsection 29 (8) of the Act, the council passes a resolution stating that the municipality has received new and relevant information relating to the property and elects, by the same resolution, that the period of time for the purposes of that paragraph is 180 days after the resolution is passed, that is the period of time for the purposes of that paragraph. (2) If the council has passed a resolution referred to in paragraph 3 of subsection (1), the council shall ensure that notice of the new period of time is served on the owner of the property, and the notice shall include the reasons for the new period. (3) For purposes of paragraph 3 of subsection (1), “new and relevant information” means information or materials that satisfy the following: 1.  The information or material affects or may affect any of the matters set out in paragraph 2 of subsection 29 (8) of the Act. 2.  The information or materials are received by council after notice of intention to designate the property has been published under clause 29 (3) (b) of the Act.
Designation by municipal by-law, requirements
 3. (1) The following requirements are prescribed for the purpose of paragraph 2 of subsection 29 (8) of the Act: 1.  The by-law must identify the property by, i.  the municipal address of the property, if it exists, ii.  the legal description of the property, including the property identifier number that relates to the property, and iii.  a general description of where the property is located within the municipality, for example, the name of the neighbourhood in which the property is located and the nearest major intersection to the property. 2.  The by-law must contain one or more of the following that identifies each area of the property that has cultural heritage value or interest: i.  A site plan. ii.  A scale drawing. iii.  A description in writing. 3.  The statement explaining the cultural heritage value or interest of the property must identify which of the criteria set out in subsection 1 (2) of Ontario Regulation 9/06 (Criteria for Determining Cultural Heritage Value or Interest) made under the Act are met and must explain how each criterion is met. 4.  The description of the heritage attributes of the property must explain how each heritage attribute contributes to the cultural heritage value or interest of the property. (2) Nothing in subsection (1) prevents a by-law from identifying any physical features of a property that are not heritage attributes. (3) For clarity, the requirements set out in subsection (1) also apply for the purposes of subsection 29 (8) of the Act, as it appears in the Schedule for the purposes of an amending by-law mentioned in subsection 30.1 (1) of the Act. Amendment of Designating By-Law — Subsection 30.1 (1) of the Act
Amendment of Designating By-Law — Subsection 30.1 (1) of the Act
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4.
 4. The Schedule sets out section 29 of the Act, as modified, that applies to an amending by-law for the purposes of subsection 30.1 (1) of the Act. Reapplication for Repeal of By-Law — Subsection 32 (18) of the Act
Reapplication for Repeal of By-Law — Subsection 32 (18) of the Act
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5.
 5. For the purposes of subsection 32 (18) of the Act, the following are the prescribed circumstances and corresponding time periods in which an owner of property may not reapply to have a by-law or part thereof designating a property repealed, except with the consent of council: 1.  If a council refuses an application under paragraph 1 of subsection 32 (5) of the Act and a notice of appeal is not given within the time period specified in subsection 32 (7) of the Act, the time period is 12 months after the service of the notice of the council’s decision under subparagraph 1 i of subsection 32 (5) of the Act. 2.  If an owner of the property appeals a decision of council to refuse the application under subsection 32 (7) of the Act and the Tribunal dismisses the appeal under paragraph 1 of subsection 32 (12) of the Act, the time period is 12 months after the date of the Tribunal’s decision under paragraph 1 of subsection 32 (12) of the Act. 3.  If an owner of the property appeals a decision of council to refuse the application under subsection 32 (7) of the Act and the Tribunal dismisses the appeal under subsection 32 (13) of the Act, the time period is 12 months after the date of the Tribunal’s decision under subsection 32 (13) of the Act. 4.  If a person appeals the decision of council to consent to an application and to pass a repealing by-law under subsection 32 (8) of the Act and the Tribunal allows the appeal in whole or in part under paragraph 2 of subsection 32 (12) of the Act, the time period is 12 months after the date of the Tribunal’s decision under paragraph 2 of subsection 32 (12) of the Act. Information and Material — Subsections 33 (2) and 34 (2) of the Act
Information and Material — Subsections 33 (2) and 34 (2) of the Act
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6.
 6. (1) For the purpose of subsections 33 (2) and 34 (2) of the Act, the following information and material shall accompany an application: 1.  The name, address, telephone number and, if applicable, the email address of the applicant. 2.  The name of the municipality from which consent is being requested. 3.  A description of the property that is the subject of the application, including such information as the concession and lot numbers, reference plan and part numbers, and street names and numbers. 4.  Photographs that depict the existing buildings, structures and heritage attributes that are affected by the application and their condition and context. 5.  A site plan or sketch that illustrates the location of the proposed alteration, demolition or removal. 6.  Drawings and written specifications of the proposed alteration, demolition or removal. 7.  The reasons for the proposed alteration, demolition or removal and the potential impacts to the heritage attributes of the property. 8.  All technical cultural heritage studies that are relevant to the proposed alteration, demolition or removal. 9.  An affidavit or a sworn declaration by the applicant certifying that the information required under this section and provided by the applicant is accurate. (2) The information or material referred to in subsection (1) must also include any information or material that is required to accompany an application by a municipal by-law, resolution or official plan. (3) The owner of the property shall serve an application made under subsection 33 (1) or 34 (1) of the Act on the council of the municipality. (4) Use of a municipality’s electronic system to submit an application mentioned in subsection (3) is a method for the purpose of clause 67 (1) (d) of the Act. (5) Service using a municipality’s electronic system is effective on the day the application is submitted unless the application was submitted after 5 p.m., in which case it is effective on the following day. If the day on which service would be effective is a Saturday or a holiday, service is instead effective on the next day that is not a Saturday or a holiday. (6) For the purpose of paragraph 2 of subsection 33 (7) of the Act and paragraph 2 of subsection 34 (4.3) of the Act, an application is considered to have commenced on the day that it is served on the council of the municipality. Required Steps — Section 34.3 of the Act
Required Steps — Section 34.3 of the Act
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Record of Decision
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8.
 8. (1) If a notice of appeal under section 29 of the Act is given within the time period specified in subsection 29 (11) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 29 (8) of the Act to pass a by-law designating a property is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the notice of intention to designate the property. 2.  A certified copy of the by-law. 3.  A certified copy of the notice referred to in paragraph 4 of subsection 29 (8) of the Act. 4.  A copy of any report considered by council. 5.  The original or a certified copy of all written submissions and comments related to the decision and the dates they were received. 6.  If a public meeting was held that related to the decision, i.  a copy of the minutes, and ii.  a list of all persons and public bodies that made oral representations that related to the decision and, if available, the record of those representations. 7.  Any additional material or information that the council considered in making its decision. 8.  An affidavit or sworn declaration by an employee of the municipality that contains a certificate that all the material and information required under this section is accurate. (3) The following material and information must be included in a record of the decision under subsection 29 (6) of the Act to be forwarded to the Tribunal as required by subsection 29 (14) of the Act: 1.  The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 29 (5) of the Act, and the date on which each notice was served.
9.
 9. (1) References in this section to section 29 of the Act are references to that section as it appears in the Schedule for the purposes of an amending by-law mentioned in subsection 30.1 (1) of the Act. (2) The following rule applies if the council of a municipality proposes under section 30.1 of the Act to amend a by-law designating property and the exception set out in subsection 30.1 (2) of the Act does not apply to the amending by-law: 1.  If a notice of appeal under section 30.1 of the Act is given within the time period specified in subsection 29 (11) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 29 (8) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (3) The following material and information must be included in a record of the decision referred to in paragraph 1 of subsection (2): 1.  A certified copy of the notice of proposed amendment to the by-law designating the property. 2.  A certified copy of the by-law that is the subject to the proposed amendment. 3.  A certified copy of the amending by-law. 4.  A certified copy of the notice referred to in paragraph 4 of subsection 29 (8) of the Act. 5.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation. (4) The following material and information must be included in a record of the decision under subsection 29 (6) of the Act to be forwarded to the Tribunal as required by subsection 29 (14) of the Act: 1.  The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 29 (5) of the Act and the date on which it was served. (5) The following rule applies if the council of a municipality proposes under section 30.1 of the Act to amend a by-law designating property and the exception set out in subsection 30.1 (2) of the Act applies to the amending by-law: 1.  If a notice of appeal is given within the time period specified in subsection 30.1 (10) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 30.1 (9) of the Act to pass an amending by-law is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (6) The following material and information must be included in a record of the decision referred to in paragraph 1 of subsection (5): 1.  A certified copy of the notice referred to in subparagraph 1 ii of subsection 30.1 (9) of the Act. 2.  The material and information described in paragraphs 1, 2, 3 and 5 of subsection (3). (7) The following material and information must be included in a record of the decision under subsection 30.1 (7) of the Act to be forwarded to the Tribunal as required by subsection 30.1 (14) of the Act: 1.  The original or a certified copy of every notice of objection filed with the clerk of the municipality under subsection 30.1 (6) of the Act and the date on which it was filed.
10.
 10. (1) If a notice of appeal under section 31 of the Act is given within the time period specified in subsection 31 (9) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 31 (8) of the Act to pass a repealing by-law is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the notice of intention to repeal the by-law or part thereof designating property. 2.  A certified copy of the repealing by-law. 3.  A certified copy of the by-law that is subject to the repealing by-law. 4.  A certified copy of the notice referred to in paragraph 2 of subsection 31 (8) of the Act. 5.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation. (3) The following material and information must be included in a record of the decision under subsection 31 (6) of the Act to be forwarded to the Tribunal as required by subsection 31 (13) of the Act: 1.  The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 31 (5) of the Act and the date on which it was served.
11.
 11. The following material and information must be included in a record of the decision under subsection 32 (5) of the Act to be forwarded to the Tribunal as required by subsection 32 (11) of the Act: 1.  A certified copy of the application to repeal a by-law or part thereof designating the property. 2.  A certified copy of the notice of application referred to in subsection 32 (3) of the Act. 3.  A certified copy of the by-law designating the property. 4.  The original or a certified copy of every notice of objection served on the clerk of the municipality under subsection 32 (4) of the Act and the date it was served. 5.  If the appeal relates to a decision to refuse the application, a certified copy of the notice referred to in subparagraph 1 ii of subsection 32 (5) of the Act. 6.  If the appeal relates to a decision to consent to the application, i.  a certified copy of the by-law repealing the by-law or part thereof, and ii.  a certified copy of the notice referred to in subparagraph 2 ii of subsection 32 (5) of the Act. 7.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation.
12.
 12. (1) If a notice of appeal under section 33 of the Act is given within the time period specified in subsection 33 (9) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 33 (6) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the by-law designating the property. 2.  The original or a certified copy of the material and information described in section 6 received by the council, and any material or information that the council required under subsection 33 (3) of the Act. 3.  A certified copy of the notice informing the applicant that the application is complete that was served on the applicant under subsection 33 (4) of the Act and the date it was served. 4.  A certified copy of any records relating to a notification referred to in subsection 33 (5) of the Act. 5.  A certified copy of the notice of the council’s decision referred to in clause 33 (6) (b) of the Act. 6.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation.
13.
 13. (1) If a notice of appeal under section 34.1 of the Act is given within the time period specified in subsection 34.1 (2) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 34 (4.2) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the by-law designating the property. 2.  The original or a certified copy of the material and information described in section 6 received by the council, and any material or information that the council required under subsection 34 (3) of the Act. 3.  A certified copy of the notice informing the applicant that the application is complete that was served on the applicant under subsection 34 (4) of the Act and the date it was served. 4.  A certified copy of any records relating to a notification referred to in subsection 34 (4.1) of the Act. 5.  The original or a certified copy of the notice of the council’s decision referred to in clause 34 (4.2) (b) of the Act. 6.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation.
14.
 14. (1) If a notice of appeal under section 40.1 of the Act is given within the time period specified in subsection 40.1 (4) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 40.1 (1) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the by-law made under subsection 40.1 (1) of the Act. 2.  A certified copy of the notice referred to in subsection 40.1 (3) of the Act. 3.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation.
15.
 15. (1) If a notice of appeal under section 41 of the Act is given within the time period specified in subsection 41 (4) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 41 (1) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the by-law made under subsection 41 (1) of the Act. 2.  A certified copy of the notice referred to in subsection 41 (3) of the Act. 3.  A certified copy of the heritage conservation district plan adopted by a by-law under subsection 41.1 (1) of the Act. 4.  A certified copy of the information referred to in clause 41.1 (6) (a) of the Act. 5.  The original or a certified copy of all written submissions and comments related to the decision, including any written submissions referred to in subsection 41.1 (11) of the Act, and the dates they were received. 6.  For every public meeting referred to in clause 41.1 (6) (b) of the Act that is held, i.  a copy of the notice of the public meeting referred to in subsection 41.1 (7) of the Act, ii.  a copy of the minutes, and iii.  a list of all persons who made oral representations referred to in subsection 41.1 (9) of the Act and, if available, the record of those representations. 7.  For every public meeting that is held that related to the decision but was not a meeting referred to in clause 41.1 (6) (b) of the Act, i.  a copy of the minutes, and ii.  a list of all persons and public bodies that made oral representations that related to the decision and, if available, the record of those representations. 8.  The material and information described in paragraphs 4, 7 and 8 of subsection 8 (2) of this Regulation.
16.
 16. (1) If a notice of appeal under section 41.1 of the Act is given within the time period specified in subsection 41 (4) of the Act, as made applicable by subsection 41.1 (4) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 41.1 (2) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  A certified copy of the by-law under subsection 41 (1) of the Act. 2.  A certified copy of the by-law under subsection 41.1 (2) of the Act. 3.  A certified copy of the heritage conservation district plan adopted by a by-law under subsection 41.1 (2) of the Act. 4.  A certified copy of the notice referred to in subsection 41.1 (3) of the Act. 5.  A certified copy of the information referred to in clause 41.1 (6) (a) of the Act. 6.  The original or a certified copy of all written submissions and comments related to the decision, including the written submissions referred to in subsection 41.1 (11) of the Act, and the dates they were received. 7.  For every public meeting referred to in clause 41.1 (6) (b) of the Act that is held, i.  a copy of the notice of the public meeting referred to in subsection 41.1 (7) of the Act, ii.  a copy of the minutes, and iii.  a list of all persons who made oral representations referred to in subsection 41.1 (9) of the Act and, if available, the record of those representations. 8.  The material and information described in paragraphs 4, 7 and 8 of subsection 8 (2) of this Regulation.
17.
 17. (1) If a notice of appeal under section 42 of the Act is given within the time period specified in subsection 42 (7) of the Act, the clerk of the municipality shall ensure that the record of the decision under subsection 42 (4) of the Act is forwarded to the Tribunal within 15 days after the notice of appeal is given to the clerk of the municipality. (2) The following material and information must be included in a record of the decision referred to in subsection (1): 1.  If a heritage conservation district plan was adopted by a by-law under subsection 41.1 (1) or (2) of the Act, a certified copy of the plan. 2.  The original or a certified copy of the information required under subsection 42 (2.2) of the Act. 3.  A certified copy of the notice of receipt referred to in subsection 42 (3) of the Act. 4.  If the council refused the application for a permit under section 42 of the Act, a copy of the notice referred to in clause 42 (4) (b) of the Act. 5.  If the council approved the application for a permit under section 42 of the Act with terms or conditions attached, a copy of the permit. 6.  The material and information described in paragraphs 4 to 8 of subsection 8 (2) of this Regulation. Transition
19.
 19. For the purposes of subsection 27 (14) of the Act, the following rules apply in the case of a property included in the register under subsection 27 (3) of the Act or a predecessor of that subsection on or before January 1, 2023: 1.  The notice of intention to designate the property may have been given before, on or after January 1, 2023. 2.  A circumstance set out in paragraph 1, 2 or 3 of subsection 27 (14) of the Act must exist on or after, but not before, January 1, 2023. O. Reg. 570/22, s. 2.
20.
 20. If an application described in subsection 42 (2.1) of the Act is received by the council of the municipality on or after July 1, 2022 and before January 1, 2023, the application shall be continued and disposed of under the Act as it read immediately before January 1, 2023. O. Reg. 570/22, s. 2. Schedule   section 29 of the Act as modified for the purposes of subsection 30.1 (1) of the Act