O. Reg. 61/05: Prescribed Applications, Matters, Proceedings and Policies for the Purposes of Subsection 24 (3) of the Act

 

ontario regulation 61/05

made under the

Greenbelt Act, 2005

Made: February 28, 2005
Filed: February 28, 2005
Printed in The Ontario Gazette: March 19, 2005

prescribed applications, matters, proceedings and policies for the purposeS of subsection 24 (3) of the act

Prescribed applications, matters, proceedings and policies

1. (1) An application, matter or proceeding described in subsection (2) is prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act if,

(a) the application, matter or proceeding is commenced on or after December 16, 2003 but before December 16, 2004; and

(b) no decision, within the meaning of section 3, was made with respect to the application, matter or proceeding before February 28, 2005.

(2) The applications, matters and proceedings referred to in subsection (1) are applications, matters and proceedings under section 17, 21 or 22 of the Planning Act relating to an official plan or an official plan amendment to permit mineral aggregate uses within the lands described in paragraph 3 of subsection 1 (1) of Ontario Regulation 59/05, as that Regulation read on February 28, 2005.

(3) All of the policies of the Greenbelt Plan, as they read on February 28, 2005, are prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act in relation to decisions made in applications, matters or proceedings prescribed by subsection (1).

Prescribed applications, matters, proceedings and policies

2. (1) An application, matter or proceeding described in subsection (2) is prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act if,

(a) the application, matter or proceeding is commenced before December 16, 2004; and

(b) no decision, within the meaning of section 3, was made with respect to the application, matter or proceeding before February 28, 2005.

(2) The applications, matters and proceedings referred to in subsection (1) are applications, matters and proceedings under section 17, 21 or 22 of the Planning Act relating to an official plan or an official plan amendment where the official plan or official plan amendment affects any area of land that is,

(a) within the Town of Richmond Hill, the Town of Markham, the Town of Whitchurch-Stouffville or the City of Toronto;

(b) south of the Oak Ridges Moraine Conservation Plan southern boundary; and

(c) described in paragraph 3 of subsection 1 (1) of Ontario Regulation 59/05, as that Regulation read on February 28, 2005.

(3) All of the policies of the Greenbelt Plan, as they read on February 28, 2005, are prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act in relation to decisions made with respect to applications, matters or proceedings prescribed by subsection (1).

Interpretation — when decision made

3. For the purposes of sections 1 and 2, a decision shall be deemed to have been made with respect to an application, matter or proceeding,

(a) in the case of an application, matter or proceeding relating to an official plan or official plan amendment, on the day that the council adopts or refuses to adopt all or part of the official plan or official plan amendment or on the day that the approval authority approves, modifies and approves or refuses to approve all or part of the official plan or official plan amendment, whichever is earlier; or

(b) in the case of an application, matter or proceeding appealed or referred to the Ontario Municipal Board from the council’s neglect, refusal or failure to make a decision relating to an official plan or official plan amendment, on the day that the Ontario Municipal Board makes a decision disposing of the application, matter or proceeding.