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Bulletin information:

Issue Date: July 22, 1983
Legislation: Planning Act, 1983

Bulletin content:

The Planning Act, 1983 received Royal Assent on January 27, 1983 and comes into force August 1, 1983. Although this Act repeals the former Planning Act, any matter or proceeding as defined that has been commenced under the former Act before the day this Act comes into force shall be continued and finally disposed of under the former Act.

Whereas the Planning Act has been completely reorganized, there are relatively few amendments which affected land registration procedures.

  1. Official Plans

    Official plans will no longer be lodged in the land registry office. Subsection 20(1) of the Act provides that two certified copies of the official plan will be lodged with the office of the Minister of Municipal Affairs and Housing and one certificate copy in the office of the clerk of each municipality specified by the said Minister.

    Land registrars are requested to contact the various municipalities and ask if they would like their official plans to be returned to them or, in the alternative, to authorize their destruction. If a municipality does not want the return of their official plans or does not authorize their destruction, then arrangements should be made to send the official plans to the Record Centre at Mississauga (Cooksville).

  2. Subdivision of Land

    Part IV of the revised Planning Act deals with subdivisions of land. Attached hereto is a reproduction of section 49 (formerly section 29) which provides for subdivisions and part-lot control.

    No person shall deal with part of his land for a period of twenty-one years or more unless he has received consent to the severance of land or such severance falls within the statutory exceptions. The Planning Act, 1983 not only incorporates all of the previous statutory exceptions but also enlarges the scope of some of them and adds new exceptions. The following is a list of the changes to the statutory exceptions where consent for a severance is not required.

    Subsection 49(6) provides that where consent has been given to a severance of a parcel of land, the whole of the remaining part may be conveyed or otherwise dealt with before the conveyance of or other dealing with the parcel of land for which consent was given provided the remaining part is dealt with before the consent lapses. The Planning Act affidavit attached to the instruments dealing with the remaining part of the land must state that a consent is not required because subsection 49(6) of the Planning Act, 1983 applies.

    Subsection 49(15) has been amended to clarify that simultaneous conveyances involving the same parties acting in their same respective capacities do not require planning approval, e.g. where both a deed and a transfer are requires to complete one transaction. Subsection 49(9) provides that a lease of part of a building or structure for any number of years is not prohibited by subdivision or part-lot control.

    1. Land being retained is the whole of one or more lots or blocks within one or more registered plans of subdivision. (Clauses 49(3)(b) and 49(5)(a)).
    2. Land is acquired or disposed of by Ontario Hydro. (Clauses 49(3)(c) and 49(5)(b).
    3. Clauses 49(3)(d) and 49(5)(c) change the former clauses 29(3)(d) and 29(3)(c) respectively by substituting the phrase “acquiring for the construction of a transmission line” to “acquired for the purpose of a transmission line”.
    4. Land is being acquired for certain approved purposes as defined in clauses 49(3)(e) and 49(5)(d) of the Planning Act, 1983 by a conservation authority and there is a declaration by an officer of the conservation authority that the land is being acquired for such purpose.
    5. Land that is being conveyed, or otherwise dealt with is the remaining part of a lot or block, the other part of which was acquired by a body that has vested in it the right to acquire land by expropriation (clause 49(5)(e)).

  3. Severance Consent

    The basic authority to grant consent to divide land without a plan of subdivision is assigned in subsection 49(1). Section 53 of the Planning Act, 1983 provides for various delegations of the basic authority to grant severance consents. However, the certificate evidencing consent is given by the clerk of the municipality for the council which gave the consent or the Minister of Municipal Affairs and Housing, as applicable. But where the authority to give consent has been delegated under section 53 to a land division committee or to a committee of adjustment, the certificate shall be by the secretary-treasurer of a land division committee or committee of adjustment.

    Land registrars should note that subsection 52(22) provides that if a transaction is not carried out, a consent for severance lapses at the expiration of two years after the date of the certificate which evidences that consent. The only qualification to this rule is that the consent may provide for an early lapsing of the consent. When an instrument is presented for registration with an apparently outdated consent and the only evidence of compliance with the Planning Act, 1983 is the certificate, the instrument (transfer, deed, charge, mortgage, etc.) must be refused unless one of the parties to the transaction provides a statutory declaration that the transaction was carried out before expiration of the consent or that consent is not required and giving reasons therefore. A certificate evidencing severance consent is registerable even after the expiration date.

  4. Instruments which may registered in the Land Registry Office

    The following list sets out the various instruments which are authorized by the Planning Act, 1983 to be registered in the proper land registry office:

    1. Subsections 28(7) & (8) (old subsections 22 (9) & (10). A certificate signed by the clerk of the municipality setting out the amount of interest rate of a loan to the registered or assessed owners of land within a community improvement project area, together with a registrable description shall be registered in the proper land registry office. Upon repayment, a certificate signed by the clerk of the municipality showing such repayment shall be registered and thereupon, the lien or charge upon the land is discharged. The loan is to pay for the whole or part of the cost of rehabilitating the land and buildings to conform to the community improvement plan.
    2. New (Subsection 28(10)  An agreement between the municipality and a purchaser from the municipality of land in a community improvement project area stipulating that such purchaser shall keep and maintain the land and building in conformity with the community improvement plan until a by-law is in force may be registered;
    3. Subsection 31(7) & (10) (old section 43(7) & 10)). Subject to the conditions set out in section 31, a municipality may pass a by-law prescribing standards for maintenance and repair and occupancy on property. If there are violations of such a by-law upon compliance with section 31, an order may be made by the municipality that if the repairs are not effected within the time specified, the municipality may do so at the expense of the owner. Such an order may be registered in the proper land registry office and subsequent persons acquiring an interest in the land area bound by it. A certificate stating that the requirements have been met operates as a discharge and shall be forthwith registered in the proper registry office.
    4. Section 32 (old section 44). Where a municipality passes a by-law pursuant to section 31 setting standards of maintenance, repair and occupancy, loans may be given to the registered or assessed owners for the whole or any part of the cost of the repairs required to be done or of the clearing, grading and levelling of the lands or such terms and conditions as the council may prescribe. A certificate signed by the clerk of the municipality setting out the amount of the loan and interest to pay for the aforementioned items, together with a legal description of the land sufficient for registration shall be registered. A certificate showing repayment shall be similarly registered and thereupon the loan or charge is discharged.
    5. Subsection 33(8) (old subsection 45(8)). In a demolition control area, the municipality may issue a demolition permit on condition that the applicant complete a new building not later than a specified date and on condition of failure to complete the new building, the clerk of the municipality shall be entitled to enter on the collector’s roll, to be collected in the like manner as municipal taxes, such sum of money as the permit specifies but not to exceed $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued. Such sum until payment is a lien or charge upon the land. Where the sum of money is added to the tax roll, a certificate signed by the clerk of the municipality in respect of such sum may be registered against the land. A certificate showing payment may be similarly registered and is a discharge of the lien or charge upon the land.
    6. Subsection 36(4). This subsection provides that an agreement pursuant to subsection 36(3) may be registered. Such agreements stipulate the facilities, services or other matters a property owner is prepared to provide in return for an increase in the height or density of a development.
    7. Section 39. This section permits the municipality and the owner or occupant of a building to enter into an agreement exempting the owner or occupant from the requirement of providing or maintaining parking facilities. Such agreements must provide for the payment of money to the municipality and may be registered. When all money payable under the agreement has been paid, or the agreement has been terminated, at the request of the owner or occupant of the land, the municipality must five a certificate in registrable form setting out that the money has been paid or that the agreement has been terminated and the certificate may be registered.
    8. Subsection 40(1) (Similar to old subsection 40(7)). This subsection provides that agreements pursuant to clause 40(7)(a) and clause 40(8)(b), which are site plan agreements and agreements for access to and from land and maintenance thereof, may be registered.
    9. Clause 46(6)(b) and subsection 46(7) (similar to old section 35). The Minister of Municipal Affairs and Housing may by order exercise any of the powers given to a municipality related to land use control and the designation that plans of subdivision are not deemed to be registered plans of subdivision. A duplicate or a certified copy of an order under clause 46(6)(b),where the land affected is situate in territory without municipal organization shall be lodged in the proper land registry office. A duplicate or a certified copy of an order under subsection 46(7) may be registered in the proper land registry office.
    10. Subsections 49(4) & (24) (old subsections 29(4), (10) and (21)), These subsections provide that by-laws designating plans of subdivision not to be plans of subdivision for the purposes of section 49 and that by-laws designating lands not to be subject to part-lot control, must be registered.
    11. Subsection 50(6) (old subsection 36(6)). Every municipality and the Minister of Municipal Affairs and Housing may enter into subdivision agreements imposed as a condition to the approval of a plan of subdivision and any such agreements may be registered.
    12. Subsection 50(2) & (22) (old subsection 36(15)). This subsection provides for the registration of a plan of subdivision after the approval of the Minister of Municipal Affairs and Housing. If the plan is not registered within 30 days (formerly one month), the Minister may withdraw his approval. In addition to any requirements under the Land Titles Act or the Registry Act, the person tendering the plan of subdivision for registration shall deposit with the land registrar, a duplicate or, when required by the Minister, two duplicates of the plan of a type approved by the Minister and the land registrar shall endorse thereon a certificate showing the number of the plan and the date of registration and shall deliver such copies to the Minister. The plans are forwarded from the approving authority directly to the Land Registry Office for registration.
    13. Subsection 52(2) (old subsection 36(25)). If the council or the Minister of Municipal Affairs and Housing, as the case may be, is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the area then on the application of the owner of the land, severance consent may be granted and an agreement similar to a subdivision agreement is registrable.

  5. Previous Bulletins

    Bulletin number Comment
    75075 This bulletin continues to be applicable. The section reference should be changed from section 29 to section 49 and from section 29a to section 56.
    77007 This bulletin continues to be applicable. The section reference should be changed from subsections 2 and 4 of section 29 of the Planning Act to subsection 29(3) and (5) of the Planning Act, 1983.
    78033  This bulletin continues to be applicable. The word “construction” which is the first word on the fourth line of the bulletin should be changed to “purpose”.
    79004 This bulletin deals with the Planning Amendment Act 1978 and the Metric Conversion Law Amendment Act. Many of the provisions will be still applicable but the section references have been changed.
    79004
    Subsection 29 (4b)    		 Similar to subsection 49(12)
    79004
    Subsection 29 4c)    		 Similar to subsection 49(13)
    79004
    Subsection 29 (4d)    		 Similar to subsection 49(14)
    79004
    Subsection 29 (4f)    		 Similar to subsection 29 (19)
    79004
    Subsection 29 (9)    		 Similar to subsection 49 (23)
    79004
    Clause 32 (5a) (b)    		 Similar to clause 46 (6) (b)
    79004
    Section 33a.    		 See Bulletin 810027
    79004
    Subsection 44b (2)    		 Similar to section 4
    80007, 80008 and 80009 These bulletins will no longer be applicable. New regulation will be made delegating the Minister’s authority.
    80025 This bulletin continues to be applicable.
    81019

    This bulletin will continue to be applicable but the reference to the Planning Act should be changed as follows:

    • section 29 becomes section 49.
    • subsection 29 (5e) becomes subsection 49 (18).
    • subsection 29 (3) becomes subsection 29 (4).
    81027 This bulletin will continue to be valid but the section reference changes from subsection 29 (5g) to subsection 49(20).
    83005, 83006 and 82023 These bulletins will no longer be applicable