The Wood Bull Guides

Sections 4 to 5 [Delegation of Powers]

Bill 139 did not amend sections 4 to 5, except to replace the words “the Municipal Board” and with the words “the Tribunal” wherever they appear.


 

Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 4(1) DELEGATION OF MINISTER’S POWERS

    4(1) The Minister, on the request of the council of any municipality, may, by order, delegate to the council any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval the official plan or amendments to the official plan of the municipality of which it is the council and, where the Minister has delegated any such authority, the council has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the council shall be responsible for all matters pertaining thereto.  R.S.O. 1990, c. P.13, s. 4 (1); 1996, c. 4, s. 4 (1); 1999, c. 12, Sched. M, s. 21; 2006, c. 23, s. 6; 2015, c. 26, s. 15 (1).

  • 4(2) SAME

    4(2) The Minister, on the request of the planning board of any planning area in a territorial district, may, by order, delegate to the planning board any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval an official plan or amendments to an official plan, and where the Minister has delegated any such authority the planning board has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the planning board shall be responsible for all matters pertaining thereto.  R.S.O. 1990, c. P.13, s. 4 (2); 1996, c. 4, s. 4 (2); 2015, c. 26, s. 15 (2).

  • 4(2.1) DELEGATION WHERE NO REQUEST IS MADE

    4(2.1) The Minister may, after the prescribed notice is given, by order delegate to the council of an upper-tier municipality or a single-tier municipality any of the Minister’s authority described in subsection (1) if the municipality has an official plan.  2002, c. 17, Sched. B, s. 2.

    Related Regulations
  • 4(2.2) DELEGATION TO PLANNING BOARD

    4(2.2) The Minister may, after the prescribed notice is given, by order delegate to a planning board any of the Minister’s authority described in subsection (2) if the planning board has an official plan.  1996, c. 4, s. 4 (3).

  • 4(3) REPEALED

    4(3) repealed:  1994, c. 23, s. 7.  1994, c. 23, s. 7.

  • 4(4) CONDITIONS

    4(4) A delegation made by the Minister under this section may be subject to such conditions as the Minister may by order provide.  1996, c. 4, s. 4 (4).

  • 4(5) WITHDRAWAL OF DELEGATION OF POWERS

    4(5) The Minister may by order, accompanied by a written explanation therefor, withdraw any delegation made under this section and, without limiting the generality of the foregoing, such withdrawal may be either in respect of one or more applications for approval specified in the order or in respect of any or all applications for approval made subsequent to the withdrawal of the delegation, and immediately following any such withdrawal the council or the planning board, as the case may be, shall forward to the Minister all papers, plans, documents and other material in the possession of the municipal corporation or the planning board that relate to any matter in respect of which the authority was withdrawn and of which a final disposition was not made by the council or the planning board prior to such withdrawal.  R.S.O. 1990, c. P.13, s. 4 (5); 1993, c. 26, s. 49 (4); 1996, c. 4, s. 4 (5).

  • 5(1) FURTHER DELEGATION OF POWERS

    5(1) Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Tribunal.  R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1); 2017, c. 23, Sched. 5, s. 83.

    Legislative History

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

  • 5(2) LIMITATION

    5(2) Despite subsection (1), a council may not delegate the authority to approve or the authority to exempt from approval amendments to official plans without the prior written approval of the Minister, which approval may be subject to such further conditions as the Minister considers appropriate.  R.S.O. 1990, c. P.13, s. 5 (2); 1996, c. 4, s. 5 (2).

  • 5(3) FURTHER DELEGATION OF POWERS

    5(3) In addition to the authority of a council to, in turn, delegate any authority under subsection (1), where the Minister has delegated to a council his or her authority for the giving of consents under section 53, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate the authority for the giving of consents to a committee of adjustment constituted under section 44.  R.S.O. 1990, c. P.13, s. 5 (3).

  • 5(4) CONDITIONS

    5(4) A delegation made by a council under subsection (1) or (3) may be subject to such conditions as the council may by by-law provide and as are not in conflict with any conditions provided by order of the Minister under section 4.  R.S.O. 1990, c. P.13, s. 5 (4).

  • 5(5) WITHDRAWAL OF DELEGATION OF POWERS

    5(5) A council may by by-law withdraw any delegation made under subsection (1) or (3), whereupon subsection 4 (5) applies with necessary modifications.  R.S.O. 1990, c. P.13, s. 5 (5).

 


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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