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Section 3 [Policy Statements]

Bill 139 added three new subsections to section 3 regarding Policy Statements, which are marked below with (*).  Bill 139 also made administrative changes.

Subsection 3(1.1) was added to authorize policy statements to require approvals or determinations by one or more ministers for any of the matters provided for in the policy statement.

Subsection 3(8) was added to deem policy statements issued under the Metrolinx Act, 2006, the Resource Recovery and Circular Economy Act, 2016 and other prescribed policies or statements to be policy statements issued under subsection 3(1). 


 

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  • 3(1) POLICY STATEMENTS

    3(1) The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest.  R.S.O. 1990, c. P.13, s. 3 (1).
  • 3(1.1) APPROVAL OF MINISTER (*)

    3(1.1) A policy statement may require an approval or determination by the Minister, any other minister of the Crown or multiple ministers of the Crown for any of the matters provided for in the policy statement.  2017, c. 23, Sched. 3, s. 3.

    Legislative History

    This subsection was introduced by Bill 139.

  • 3(2) MINISTER TO CONFER

    3(2) Before issuing a policy statement, the Minister shall confer with such persons or public bodies that the Minister considers have an interest in the proposed statement.  1994, c. 23, s. 6 (1).

  • 3(3) NOTICE

    3(3) If a policy statement is issued under subsection (1), the Minister shall cause it to be published in The Ontario Gazette and shall give such further notice of it, in such manner as the Minister considers appropriate, to all members of the Assembly and to any other persons or public bodies that the Minister considers have an interest in the statement.  1994, c. 23, s. 6 (1).

  • 3(4) IDEM

    3(4) Each municipality that receives notice of a policy statement under subsection (3) shall in turn give notice of the statement to each local board of the municipality that it considers has an interest in the statement.  R.S.O. 1990, c. P.13, s. 3 (4).

  • 3(5) POLICY STATEMENTS AND PROVINCIAL PLANS

    3(5) A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Tribunal, in respect of the exercise of any authority that affects a planning matter,

    (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and

    (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.  2006, c. 23, s. 5; 2017, c. 23, Sched. 5, s. 80.

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”. 

  • 3(6) SAME

    3(6) Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government,

    (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and

    (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.  2006, c. 23, s. 5.

  • 3(7) DUTIES OF MINISTER UNAFFECTED

    3(7) Except as provided in subsections (5) and (6), nothing in this section affects nor restricts the Minister in carrying out the Minister’s duties and responsibilities under this Act.  1996, c. 4, s. 3.
  • 3(8) DEEMED POLICY STATEMENTS (*)

    3(8) Each of the following is deemed to be a policy statement issued under subsection (1):

    1. A policy statement issued under section 31.1 of the Metrolinx Act, 2006.

    2. A policy statement issued under section 11 of the Resource Recovery and Circular Economy Act, 2016.

    3. A policy or statement that is prescribed for the purpose of this subsection.  2017, c. 23, Sched. 3, s. 3.

    Legislative History

    This subsection was introduced by Bill 139.

    Related Statutes

    Section 31.1 of the Metrolinx Act, 2006: policy statements relating to transportation planning in the regional transportation area (City of Toronto, the City of Hamilton, The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Peel and The Regional Municipality of York and any additional prescribed areas).

    Section 11 of the Resource Recovery and Circular Economy Act, 2016: resource recovery and waste reduction policy statements.

  • 3(9) EXCEPTIONS (*)

    3(9) Subsections (1.1), (2), (3) and (10) do not apply to a policy or statement that is deemed by subsection (8) to be a policy statement issued under subsection (1).  2017, c. 23, Sched. 3, s. 3.

    Legislative History

    This subsection was introduced by Bill 139.

  • 3(10) REVIEW

    3(10) The Minister shall, at least every 10 years from the date that a policy statement is issued under subsection (1), ensure that a review of the policy statement is undertaken for the purpose of determining the need for a revision of the policy statement.  1994, c. 23, s. 6 (3); 2015, c. 26, s. 14.

 


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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