O. Reg. 588/06: TRANSITIONAL MATTERS UNDER CLAUSE 453 (1) (A) OF THE ACT - DEMOLITION AND CONVERSION OF RESIDENTIAL RENTAL PROPERTIES

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Municipal Act, 2001

ONTARIO REGULATION 588/06

transitional matters under clause 453 (1) (a) of the Act — Demolition and conversion of residential rental properties

Consolidation Period:  From May 4, 2007 to the e-Laws currency date.

Last amendment: 181/07.

Legislative History: 181/07.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“conversion” means conversion to a purpose other than the purpose of a residential rental property; (“conversion”)

“effective date” means the day on which section 40 of Schedule A to the Municipal Statute Law Amendment Act, 2006 comes into force. (“date d’effet”)  O. Reg. 588/06, s. 1.

Transition rules, demolition

2. (1) A by-law passed under section 99.1 of the Act does not apply with respect to a demolition of a residential rental property if subsection (2) or (3) applies.  O. Reg. 588/06, s. 2 (1).

(2) This subsection applies if,

(a) a permit in respect of the demolition has been issued under section 8 of the Building Code Act, 1992 or section 33 of the Planning Act; and

(b) the application for the permit was made before the effective date.  O. Reg. 588/06, s. 2 (2).

(3) This subsection applies if,

(a) an event described in section 4 has taken place;

(b) the request or application under the Planning Act or the application under the Condominium Act, 1998 that led to the event,

(i) was made before the effective date, and

(ii) provides for the demolition, expressly or by necessary implication.  O. Reg. 588/06, s. 2 (3).

Transition rules, conversion

3. (1) A by-law passed under section 99.1 of the Act does not apply with respect to a conversion of a residential rental property if subsection (2) applies.  O. Reg. 588/06, s. 3 (1).

(2) This subsection applies if,

(a) an event described in section 4 has taken place; and

(b) the request or application under the Planning Act or the application under the Condominium Act, 1998 that led to the event,

(i) was made before the effective date, and

(ii) provides for the conversion, expressly or by necessary implication.  O. Reg. 588/06, s. 3 (2).

Events

4. The following are events for the purposes of sections 2 and 3:

1. An official plan is amended, on a request, under section 22 of the Planning Act.

2. A zoning by-law is amended, on an application, under section 34 of the Planning Act.

3. Plans and drawings are approved under subsection 41 (4) of the Planning Act.

4. A minor variance is granted under section 45 of the Planning Act.

5. A plan of subdivision is approved under section 51 of the Planning Act.

6. A condominium, or exemption from approval for a condominium, is approved under section 9 of the Condominium Act, 1998.

7. A consent is granted under section 53 of the Planning Act.  O. Reg. 588/06, s. 4.

5. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 588/06, s. 5.

 

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