The Wood Bull Guides

Section 2.1 [Approval Authorities and Tribunal to Have Regard to Certain Matters]

Subsections amended by Bill 139 are marked below with (*).

Bill 139 amended section 2.1 by providing greater specificity of the Planning Act decisions to which section 2.1 applies.


 

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  • 2.1(1) APPROVAL AUTHORITIES AND TRIBUNAL TO HAVE REGARD TO CERTAIN MATTERS (*)

    2.1(1) When an approval authority makes a decision under subsection 17 (34) or the Tribunal makes a decision in respect of an appeal referred to in subsection 17 (49.7) or (53), 22 (11.3), 34 (26.8) or (29), 38 (4) or (4.1), 41 (12.0.1), 51 (39), (43) or (48) or 53 (19) or (27), it shall have regard to,

    (a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

    (b) any information and material that the municipal council or approval authority considered in making the decision described in clause (a).  2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (1).

    Legislative History

    Bill 139 amended this subsection to add in references to specific Planning Act subsections. 

    Related Sections

    When an approval authority for a non-exempt official plan/official plan amendment (s.17(34)) makes a decision on a plan, it shall have regard to the items set out in clauses (a) and (b) of this subsection.

    When the Tribunal makes a decision, it shall have regard to the items set out in clauses (a) and (b) of this subsection, in respect of any of the following appeals :

    • a second appeal (appeal where a municipality has been given an opportunity to make a new decision) in regard to an adoption of an exempt official plan or official plan amendment or the decision of an approval authority on a non-exempt official plan or official plan amendment (s.17(49.7)

    • a second appeal (where a municipality has been given an opportunity to make a new decision) regarding Council's decision to pass a zoning by-law or amendment (s.34(26.8));

    • an appeal where the Minister has provided notice of provincial interest regarding an official plan or zoning by-law (s.17(53), s.22(11.3), s.34(29));

    • an appeal of an interim-control by-law (s.38(4) and (4.1));

    • an appeal of requirements of and any terms of agreement in a site plan matter (s.41(12.0.1));

    • an appeal of subdivision control or consent (s.51 (39), (43) and (48), s.53(19) and (27)).

    Wood Bull Commentary

    Subsection 2.1(1) does not apply to a decision of the Tribunal regarding any first appeal of an official plan or amendment, or zoning by-law or amendment.  It also does not apply to the Tribunal's decision regarding a second appeal of a refusal to adopt a requested official plan amendment (s.22(11.0.13) or a refusal to pass a zoning by-law amendment (s.34(26.7)).

    The Tribunal's decision regarding appeals of failures to make a decision are generally addressed in subsection 2.1(2).  

    It appears that neither this subsection or subsection 2.1(2) applies to a decision of the Tribunal regarding appeals of a failure of council to make a decision on a requested official plan amendment (s.22(11)) or a requested zoning by-law amendment (s.34(11)1. and 2.).

  • 2.1(2) SAME, TRIBUNAL (*)

    2.1(2) When the Tribunal makes a decision in respect of an appeal referred to in subsection 17 (40), 51 (34) or 53 (14), the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter.  2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (2).

    Legislative History

    Bill 139 amended this subsection to add in references to specific Planning Act subsections regarding appeals of the failure of municipal council or approval authority to make a decision.

    Related Sections

    This subsection applies to appeals of the failure of council or the approval authority to make a decision regarding:

    Wood Bull Commentary

    Subsection 2.1(2) does not apply to a decision of the Tribunal regarding appeals of a failure of council to make a decision on a requested official plan amendment (s.22(11)) or a requested zoning by-law amendment (s.34(11)1. and 2.).

  • 2.1(3) SAME

    2.1(3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter.  2015, c. 26, s. 13.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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