O. Reg. 548/06: Transitional Provisions under section 70.5 of the Act: Continuation and Disposition of Matters and Proceedings

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ontario regulation 548/06

made under the

planning Act

Made: December 12, 2006
 Filed: December 13, 2006
Published on e-Laws: December 15, 2006
Printed in The Ontario Gazette: December 30, 2006

transitional provisions under section 70.5 of the Act — continuation and disposition of matters and proceedings

Deemed day of commencement

1. (1) A matter or proceeding that is mentioned in subsection (2) and commenced before January 1, 2007 shall be continued and disposed of under the Act as it read on December 31, 2006.

(2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced,

(a) in the case of a request for an official plan amendment, on the day the request is received;

(b) in the case of an official plan, an amendment to it or a repeal of it, on the day the by-law adopting the plan, amendment or repeal is passed;

(c) in the case of a zoning by-law or an amendment to it, on the day the by-law is passed;

(d) in the case of an application for an amendment to a zoning by-law, on the day the application is made;

(e) in the case of an application for an approval of development in a site plan control area under subsection 41 (4) of the Act, on the day the application is made;

(f) in the case of an application for a minor variance under section 45 of the Act, on the day the application is made;

(g) in the case of an application to amend or revoke an order under section 47 of the Act, on the day the application is made;

(h) in the case of an application for the approval of a plan of subdivision under section 51 of the Act or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998, on the day the application is made; and

(i) in the case of an application for a consent under section 53 of the Act, on the day the application is made.

(3) Nothing in this Regulation affects the Minister’s discretion, regardless of the date a matter or proceeding is commenced, to advise the Municipal Board that a matter of provincial interest is, or is likely to be, adversely affected by a requested amendment or revocation in accordance with subsection 47 (13.1) of the Act. 

(4) For the purpose of subsection 47 (13.1) of the Act, the date on which evidence regarding the merits of the matters before the Board is introduced, other than at a pre-hearing conference, preliminary hearing, settlement conference, motion or other hearing event held to consider preliminary matters, is deemed to be the day fixed by the Municipal Board for the hearing.

Saving

2. For greater certainty, this Regulation does not affect the requirement to conform to or not conflict with a provincial plan that is in effect on the day this Regulation comes into force.

Commencement

3. This Regulation comes into force on January 1, 2007.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

John Philip Gerretsen

Minister of Municipal Affairs and Housing

Date made: December 12, 2006.
Pris le : 12 décembre 2006.

 

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