O. Reg. 68/18: OFFICIAL PLANS AND PLAN AMENDMENTS

Français

ontario regulation 68/18

made under the

Planning Act

Made: February 21, 2018
Filed: March 5, 2018
Published on e-Laws: March 5, 2018
Printed in The Ontario Gazette: March 24, 2018

Amending O. Reg. 543/06

(OFFICIAL PLANS AND PLAN AMENDMENTS)

1. (1) Section 2 of Ontario Regulation 543/06 is amended by adding the following paragraph:

6.1 In the case of a proposed amendment to a lower-tier municipality’s official plan, an explanation of how the proposed amendment conforms with the upper-tier municipality’s official plan.

(2) Paragraphs 16 and 18 of section 2 of the Regulation are revoked and the following substituted:

16. An explanation of how the proposed amendment is consistent with the policy statements issued under subsection 3 (1) of the Act.

. . . . .

18. If the answer to paragraph 17 is yes, an explanation of how the proposed amendment conforms or does not conflict with the provincial plan or plans.

2. (1) Subsections 3 (11) and (12) of the Regulation are amended by striking out “Ministry of Municipal Affairs and Housing Municipal Services Office” wherever it appears and substituting in each case “Ministry of Municipal Affairs Municipal Services Office”.

(2) Subparagraph 6 i of subsection 3 (15) of the Regulation is revoked and the following substituted:

i. If a person or public body would otherwise have an ability to appeal the decision of (reference to council and name of municipality, or name of planning board or approval authority, as the case may be) to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to (name of municipality or planning board) before the proposed official plan (or official plan amendment) is adopted, the person or public body is not entitled to appeal the decision.

(3) Subparagraph 6 ii of subsection 3 (15) of the Regulation is amended by striking out “the Ontario Municipal Board unless, in the opinion of the Board” and substituting “the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal”.

(4) Paragraph 4 of subsection 3 (16) of the Regulation is amended by striking out “information about preserving your appeal rights” and substituting “information about appeal rights”.

(5) Paragraph 5 of subsection 3 (17) of the Regulation is amended by striking out “information about preserving your appeal rights” and substituting “information about appeal rights”.

3. (1) Sub-subparagraph 5 i C of subsection 4 (1) of the Regulation is amended by striking out “the Municipal Board” and substituting “the Tribunal”.

(2) Sub-subparagraph 5 ii B of subsection 4 (1) of the Regulation is amended by striking out “the Ontario Municipal Board” and substituting “the Local Planning Appeal Tribunal”.

(3) Sub-subparagraph 5 ii C of subsection 4 (1) of the Regulation is amended by striking out “in the opinion of the Ontario Municipal Board” and substituting “in the opinion of the Local Planning Appeal Tribunal”.

4. Subsections 5 (1) and (2) of the Regulation are amended by striking out “Ministry of Municipal Affairs and Housing Municipal Services Office” wherever it appears and substituting in each case “Ministry of Municipal Affairs Municipal Services Office”.

5. (1) Section 6 of the Regulation is amended by striking out “the Municipal Board” in the portion before paragraph 0.1 and substituting “the Tribunal”.

(2) Paragraph 6 of section 6 of the Regulation is revoked and the following substituted:

6. A statement from an employee of the municipality or planning board as to whether the proposed official plan or plan amendment,

i. is consistent with the policy statements issued under subsection 3 (1) of the Act,

ii. conforms or does not conflict with any applicable provincial plan or plans, and

iii. in the case of a lower-tier municipality’s official plan or plan amendment, conforms with the upper-tier municipality’s official plan.

6. Paragraph 7 of section 7 of the Regulation is revoked and the following substituted:

7. A statement from an employee of the municipality or planning board as to whether the proposed official plan or plan amendment,

i. is consistent with the policy statements issued under subsection 3 (1) of the Act,

ii. conforms or does not conflict with any applicable provincial plan or plans, and

iii. in the case of a lower-tier municipality’s official plan or plan amendment, conforms with the upper-tier municipality’s official plan.

7. (1) Paragraph 5 of subsection 8 (1) of the Regulation is amended,

(a) by striking out “The last date” at the beginning and substituting “If applicable, the last date”; and

(b) by striking out “the Municipal Board” at the end of subparagraph iii and substituting “the Tribunal”.

(2) Paragraph 6 of subsection 8 (1) of the Regulation is revoked.

(3) Paragraph 7 of subsection 8 (1) of the Regulation is amended,

(a) by striking out “The following” at the beginning and substituting “If applicable, the following”;

(b) by striking out “the Ontario Municipal Board” in subparagraph i and substituting “the Local Planning Appeal Tribunal”; and

(c) by striking out “in the opinion of the Ontario Municipal Board” in subparagraph ii and substituting “in the opinion of the Local Planning Appeal Tribunal”.

(4) Subsection 8 (2) of the Regulation is amended by striking out “the Ministry of Municipal Affairs and Housing Municipal Services Office” and substituting “the Ministry of Municipal Affairs Municipal Services Office”.

8. (1) Section 8.1 of the Regulation is amended by striking out “the Municipal Board” wherever it appears and substituting in each case “the Tribunal”.

(2) Paragraph 5 of section 8.1 of the Regulation is amended by striking out “the Ontario Municipal Board” and substituting “the Local Planning Appeal Tribunal”.

9. (1) Section 9 of the Regulation is amended by striking out “the Municipal Board” in the portion before paragraph 0.1 and substituting “the Tribunal”.

(2) Paragraph 5 of section 9 of the Regulation is revoked and the following substituted:

5. A statement from an employee of the approval authority as to whether the decision of the approval authority,

i. is consistent with the policy statements issued under subsection 3 (1) of the Act,

ii. conforms or does not conflict with any applicable provincial plan or plans, and

iii. in the case of a decision in respect of a lower-tier municipality’s official plan or plan amendment, conforms with the upper-tier municipality’s official plan.

10. (1) Paragraph 4 of subsection 12 (1) of the Regulation is amended,

(a) by striking out “The last date” at the beginning and substituting “If applicable, the last date”; and

(b) by striking out “the Municipal Board” in subparagraph ii and substituting “the Tribunal”.

(2) Paragraph 5 of subsection 12 (1) of the Regulation is revoked.

(3) Paragraph 6 of subsection 12 (1) of the Regulation is amended,

(a) by striking out “The following” at the beginning and substituting “If applicable, the following”;

(b) by striking out “the Ontario Municipal Board” in subparagraph i and substituting “the Local Planning Appeal Tribunal”; and

(c) by striking out “in the opinion of the Ontario Municipal Board” in subparagraph ii and substituting “in the opinion of the Local Planning Appeal Tribunal”.

11. (1) Section 13 of the Regulation is amended by striking out “the Municipal Board” in the portion before paragraph 0.1 and substituting “the Tribunal”.

(2) Paragraph 6 of section 13 of the Regulation is revoked and the following substituted:

6. A statement from an employee of the municipality or planning board as to whether the decision of the council or planning board,

i. is consistent with the policy statements issued under subsection 3 (1) of the Act,

ii. conforms or does not conflict with any applicable provincial plan or plans, and

iii. in the case of a lower-tier municipality’s official plan, conforms with the upper-tier municipality’s official plan.

12. Section 15 of the Regulation is amended by adding the following subsection:

(3) For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 68/18, this Regulation as it read immediately before those amendments came into force continues to apply in respect of the following:

1. A notice given under section 17 or 22 of the Act, if it was given before the day Ontario Regulation 68/18 came into force.

2. A record compiled under section 17 or 22 of the Act, if it was forwarded before the day Ontario Regulation 68/18 came into force.

3. A request made under section 22 of the Act, if the information and material set out in Schedule 1 were provided before the day Ontario Regulation 68/18 came into force.

13. (1) Schedule 1 to the Regulation is amended by adding the following section:

10.1 In the case of a requested amendment to a lower-tier municipality’s official plan, the current designation of the subject land in the upper-tier municipality’s official plan and an explanation of how the proposed amendment conforms with the upper-tier municipality’s official plan.

(2) Sections 24 and 26 of Schedule 1 to the Regulation are revoked and the following substituted:

24. An explanation of how the requested amendment is consistent with the policy statements issued under subsection 3 (1) of the Act.

. . . . .

26. If the answer to section 25 is yes, an explanation of how the requested amendment conforms or does not conflict with the provincial plan or plans.

Commencement

14. This Regulation comes into force on the later of April 3, 2018 and the day it is filed.

Made by:
Pris par :

Le ministre des Affaires municipales,

Bill Mauro

Minister of Municipal Affairs

Date made: February 21, 2018
Pris le : 21 février 2018

 

Français