Official Plan Adjustments Act, 2023, S.O. 2023, c. 24, Sched. 1

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Official Plan Adjustments Act, 2023

S.o. 2023, chapter 24
schedule 1

Consolidation Period: From May 16, 2024 to the e-Laws currency date.

Last amendment: 2024, c. 9, Sched. 3.

Legislative History: 2024, c. 9, Sched. 3.

Rescission of decisions

1 (1) Each decision under subsection 17 (34) of the Planning Act that relates to the official plan or amendment to an official plan set out in Column 1 of the Table to this section and that was made on the date set out opposite the plan or amendment in Column 2 is deemed to have never been made. 2023, c. 24, Sched. 1, s. 1 (1).

Approvals of official plans and amendments

(2) Each official plan and each amendment to an official plan set out in Column 1 of the Table to this section is,

(a)  approved as modified by,

(i)  those modifications indicated opposite the plan or amendment in Column 3, as they are set out in the decision referred to in subsection (1) that relates to the plan or amendment and that was made on the date set out opposite the plan or amendment in Column 2, and

(ii)  any applicable additional modifications set out in section 2; or

(b)  approved as adopted by the relevant municipality, where no modifications are indicated in Column 3 opposite the plan or amendment. 2023, c. 24, Sched. 1, s. 1 (1).

Effective date of approval

(3) Each approval under subsection (2) of an official plan or an amendment to an official plan set out in Column 1 of the Table to this section is deemed to have been given on the same date as the date of the decision referred to in subsection (1) set out opposite in Column 2. 2023, c. 24, Sched. 1, s. 1 (3).

Table

Item	Column 1 Official plan or amendment to an official plan	Column 2 Date of decision under subsection 17 (34) of the Planning Act	Column 3 Modifications set out in the decision referred to in subsection 1 (1) that apply to the official plan or amendment to an official plan
1.	Official plan adopted by the City of Barrie pursuant to By-law 2022-016	April 11, 2023	Modifications numbered 1, 3, 4, 6 to 8, 11 to 17, 19 to 24, 26 to 37, 39 to 63, 65 to 69, 71 and 72
2.	Official plan adopted by the City of Belleville pursuant to By-law 2021-180	April 11, 2023	Modifications numbered 1, 9 to 11, 13, 14, 16 and 23
3.	Official plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731	April 11, 2023	Modifications numbered 1, 2, 5 to 8, 13 to 15 and 17
4.	Official plan amendment 49 adopted by the Regional Municipality of Halton pursuant to By-law 35-22	November 4, 2022	Modifications numbered 1 to 19, 39, 42 and 45
5.	Official plan amendment 34 amending the Rural Hamilton Official Plan and adopted by the City of Hamilton pursuant to By-law 22-146	November 4, 2022	None
6.	Official plan amendment 167 amending the Urban Hamilton Official Plan and adopted by the City of Hamilton pursuant to By-law 22-145	November 4, 2022	Modifications numbered 17, 18, 26, 35, 36 and 40 to 47
7.	Official plan adopted by the Regional Municipality of Niagara pursuant to By-law 2022-47	November 4, 2022	Modifications numbered 5, 24, 25, 32, 33, 39, 42 and 44
8.	Official plan adopted by the City of Ottawa pursuant to By-law 2021-386	November 4, 2022	Modifications numbered 7, 8, 9, 10, 12 and 13
9.	Official plan adopted by the Regional Municipality of Peel pursuant to By-law 20-2022	November 4, 2022	Modifications numbered 1, 3, 5, 16 to 19, 21 to 26, 28, 30 to 35 and 37 to 43
10.	Official plan adopted by the City of Peterborough pursuant to By-law 21-105	April 11, 2023	Modifications numbered 8 to 10, 12, 13, 16, 18, 19, 20 to 27, 33, 35, 39, 41 to 44, 46 to 49, 50 to 56 and 58 to 60
11.	Official plan amendment 6 adopted by the Regional Municipality of Waterloo pursuant to By-law 22-038	April 11, 2023	None
12.	Official plan amendment 119 adopted by the County of Wellington pursuant to By-law 5760-22	April 11, 2023	Modifications numbered 1 to 20, 22 a), 25, 27 b), 28 b), 28 g), 28 l), 29 d), 31 and 32 b)
13.	Official plan adopted by the Regional Municipality of York pursuant to By-law 2022-40	November 4, 2022	Modifications numbered 8, 15, 16, 18, 22, 25, 30, 32, 40, 41, 42, 44, 45, 47, 48, 57 to 59, 60 i), 61 to 65, 78, 79 ii), 79 iv), 79 v) and 80

2024, c. 9, Sched. 3, s. 1, Table.

Section Amendments with date in force (d/m/y)

2024, c. 9, Sched. 3, s. 1 - 06/12/2023

Additional modifications

2 The following are the additional modifications mentioned in subclause (a) (ii) of subsection 1 (2):

1.  The official plan adopted by the Regional Municipality of York pursuant to By-law 2022-40 is modified as follows:

i.  Map 1B, Urban System Overlays, is modified by,

A.  deleting the Gormley GO Major Transit Station Area symbol, and

B.  removing from Designated Greenfield Area the lands underlying the overlay that is noted in Modification 60 i) referred to Column 3 of item 13 of the Table to section 1.

ii.  Policy 4.4.43 is deleted in its entirety and replaced with the following: “4.4.43 Other future major transit station areas have been identified on Map 1 B. These station areas require further planning and consultation to finalize their location and delineation”.

2.  Official plan amendment 80 adopted by the City of Guelph pursuant to By-law 2022-20731 is modified as follows:

i.  Schedule D: Downtown Secondary Plan Minimum and Maximum Building Heights is modified to replace the building heights only for properties located in the Special Policy Area, as designated on Schedule C: Downtown Secondary Plan Land Use Plan of the City of Guelph Official Plan, February 2022 consolidation with the building heights from Schedule D: Downtown Secondary Plan Minimum and Maximum Heights from the City of Guelph Official Plan, February 2022 consolidation.

3.  Official plan amendment 119 adopted by the County of Wellington pursuant to By-law 5760-22 is modified as follows:

i.  Schedules A-1, A-3, A-4 and A-8 to Official Plan Amendment 119 are modified to reflect the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005.

ii.  Schedules A-1 and A-3 to Official Plan Amendment 119 are modified to identify the community of Brisbane, Town of Erin as a hamlet in the Greenbelt Plan, 2017, as amended.

iii.  Schedules A-1, A-8, and A-16 to Official Plan Amendment 119 are modified to remove parts of the Regionally Significant Economic Development Study Area that are located in the Greenbelt Boundaries of the Greenbelt Area, as defined in the Greenbelt Act, 2005.

iv.  Schedules A-1 and A-8 are modified to delete the hamlet of Puslinch from being identified as a hamlet within the Greenbelt Plan, 2017, as amended. Schedule A-17 is deleted in its entirety.

4.  The official plan adopted by the City of Barrie pursuant to By-law 2022-016 is modified as follows:

i.  Appendix 2: Phasing Plan is deleted in its entirety.

ii.  Policy 2.4.2.3.e) is modified by adding the following new sentence at the end “The portion of Designated Greenfield Area lands identified as Phase 1 West, Phase 2 West, and Phase 3 West on Appendix 2: Phasing Plan as adopted by By-law 2022-016, excluding the Employment Areas, may be planned to achieve a minimum density of 52 persons and jobs per hectare to 2051”.

iii.  Policies 9.5.2.c), d) and j) are deleted and section 9.5.2. is renumbered accordingly.

5.  The official plan adopted by the City of Belleville pursuant to By-law 2021-180 is modified as follows:

i.  Schedule A – Land Use Plan – Rural Area is modified by delineating lands, shown as the Black Bear Ridge Village Planning Area on Schedule E – Detailed Planning Areas as Fully Serviced Resort Area.

ii.  Schedule B – Land Use Plan – Urban Serviced Area is modified by redesignating lands, shown as the Old Fairgrounds Planning Area on Schedule E – Detailed Planning Areas as Residential Land Use.

6.  The Official Plan adopted by the City of Peterborough pursuant to By-law 21-105 is modified as follows:

i.  Policy 3.3.6 b is deleted in its entirety and replaced with the following:

Lands within the Coldsprings Special Study Area are anticipated to accommodate growth to 2051.

ii.  Policy 3.3.6 c is deleted in its entirety and replaced with the following:

The completion of a Secondary Plan for the Coldsprings Special Study Area is a priority of the City. The City will complete a Secondary Plan and an Official Plan Amendment to establish the appropriate urban structure, delineate land use boundaries, and provide urban design guidelines and development policies that will support the establishment of employment land and compatible development to help meet the City’s land needs.

iii.  Policy 4.6.2 b is deleted in its entirety and replaced with the following:

Natural Areas are designated on Schedule B: Land Use Plan and Schedule F: Natural Heritage System and Environmental Constraints and are further articulated in Appendix I. In recognition of the wide spectrum of natural heritage features that comprise the Natural Heritage System, a graduated protective approach is applied that reflects the function and significance of the various system components. For some natural heritage features, evaluation may be required and policies for the appropriate Level applied accordingly.

The following policies apply to Level A, B and C features:

i.  Level A features are afforded the highest level of protection and the intent is to protect the form and function of these areas in situ. Development and site alteration will not be permitted in Level A Provincially Significant Wetlands, Significant Woodlands, or Significant Life Science Areas of Natural or Scientific Interest. In accordance with Provincial and Federal requirements, development and site alteration may be permitted in Level A Fish Habitat or Level A Habitat of Endangered or Threatened Species. Development and site alteration may be permitted within or adjacent to Significant Wildlife Habitat, provided it has been demonstrated that there will be no negative impact on the features' form and function.

ii.  Level B features are important to the overall function of the Natural Heritage System. The intent is to preserve the function that these areas provide to the Natural Heritage System while allowing some flexibility in the protection of the feature in cases where it can be demonstrated that a net gain in function can be achieved through mitigation or a compensation strategy.

iii.  Level C features are recognized for the supporting role they provide to the Natural Heritage System. Development and site alteration will be considered where there is an opportunity to replicate the function on site or elsewhere in the City, in conformity with Provincial and/or Federal requirements.

7.  Official plan amendment 49 adopted by the Regional Municipality of Halton pursuant to By-law 35-22 is modified as follows:

i.  Maps 1, 1B to 1H and 3 to 5 are modified by adding the following lands to the Regional Urban Boundary:

A.  The lands delineated as “New Community Area” and “New Employment Area” in Attachment 6, Preferred Growth Concept – Regional Urban Structure, to Halton Region Report No. LPS88-21 dated February 9, 2022.

B.  The lands delineated in Appendices 5, 7 to 12, 14, 17 and 21 to 24, contained within the decision referred to in Column 2 of item 4 of the Table to section 1.

C.  The lands shown in a map numbered 350 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

ii.  Maps 1 and 1C to 1G are modified by redesignating the lands shown in Appendices 21 and 22 of the decision referred to in Column 2 of item 4 of the Table to section 1 from “North Aldershot Policy Area” to “Urban Area”.

iii.  Maps 1C and 1H are modified by designating the following lands as “Employment Area”:

A.  The lands delineated as “New Employment Area” in Attachment 6, Preferred Growth Concept – Regional Urban Structure to Halton Region Report No. LPS88-21 dated February 9, 2022.

B.  The lands delineated in Appendices 5, 7, 9, 10, 11, 12, 14 and 17 contained within the decision referred to in Column 2 of item 4 of the Table to section 1.

iv.  Maps 1C and 1H are modified by removing lands delineated in Appendices 3 and 4 of the decision referred to in Column 2 of item 4 of the Table to section 1 from the “Employment Area” designation.

v.  Map 5, Regional Phasing, is modified by designating the lands referred to in subparagraph i as “Urban Area with Regional Phasing between 2021 and 2051”.

8.  Official plan amendment 6 adopted by the Region of Waterloo pursuant to By-law No. 22-038 is modified as follows:

i.  Map 3, Employment Area, is deleted and replaced with Map 3, Employment Area, being a map numbered 349 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

ii.  Map 1, Regional Structure, and Map 2, Urban System, are modified to designate lands as Urban Area, Township Urban Area or Designated Greenfield Area, as applicable in accordance with Map 3. 2024, c. 9, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2024, c. 9, Sched. 3, s. 2 - 06/12/2023

Effect of approval

Subsequent changes to official plans

3 (1) For greater certainty, an official plan approved under subsection 1 (2), an amendment to an official plan approved under that subsection or an official plan as amended by an amendment approved under that subsection may be subsequently amended or repealed in accordance with the Planning Act.

Conformity with official plan as approved

(2) Any decision of a municipality or the Ontario Land Tribunal made under the Planning Act, as well as any by-law passed or public work undertaken by a municipality, on or after the date on which the approval of an official plan or an amendment to an official plan is deemed to have been given under subsection 1 (3) must conform with the official plan, as approved or amended, while that approval is in effect.

Building permits

(3) Nothing done by operation of this Act has the effect of invalidating a permit referred to in section 8 of the Building Code Act, 1992, nor does it provide a ground under subsection 8 (10) of that Act for revoking such a permit.

Limitations on remedies

4 (1) No cause of action arises as a direct or indirect result of,

(a)  the enactment of this Act or the amendment or repeal of any provision of this Act, including the rescission of any decision under subsection 17 (34) of the Planning Act or the approval of any official plan or amendment to an official plan that results from the application of this Act;

(b)  the making of any decisions under subsection 17 (34) of the Planning Act that are referred to in subsection 1 (1);

(c)  anything done or not done in accordance with this Act or any decision under subsection 17 (34) of the Planning Act referred to in subsection 1 (1); or

(d)  any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related, directly or indirectly, to,

(i)  the actual or potential making of any decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1),

(ii)  the actual or potential acquisition, disposal, use or development of any land subject to any decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1), or

(iii)  the actual or potential granting or issuance of any approval, permit, order, by-law or other instrument in respect of any land subject to a decision under subsection 17 (34) of the Planning Act that is referred to in subsection 1 (1).

No remedy

(2) No costs, compensation or damages, including for loss of revenues or loss of profit, are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (1).

Proceedings barred

(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection (3) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario.

Retrospective effect

(5) Subsections (1), (2) and (3) apply regardless of whether a cause of action on which a proceeding is purportedly based arose before, on or after the day on which the Planning Statute Law Amendment Act, 2023 receives Royal Assent.

No costs award

(6) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3).

No expropriation or injurious affection

(7) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Proceedings by Crown not prevented

(8) This section does not apply with respect to proceedings brought by the Crown in right of Ontario.

Person defined

(9) In this section,

“person” includes the Crown in right of Ontario and its current and former employees, officers and agents, current and former members of the Executive Council and municipalities and their current and former employees, officers and agents.

5 Omitted (provides for coming into force of provisions of this Act).

6 Omitted (enacts short title of this Act).

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