The Wood Bull Guides

Section 17, Subsections (1) to (12) [Official Plan Approval Authority]

Bill 139 did not amend subsections 17(1) to 17(12).


 

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  • 17(1) APPROVALS [Minister]

    17(1) Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section.  1996, c. 4, s. 9.

  • 17(2) APPROVAL BY UPPER-TIER MUNICIPALITY

    17(2) An upper-tier municipality is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1).

    Wood Bull Commentary

    The Ministry of Municipal Affairs has put together a chart setting out the approval authority for various matters, including official plans, for each municipality in Ontario.  For the most up-to-date information, please consult the Ministry's website or contact the municipality. 

    The Ministry of Municipal Affairs has put together a chart setting out the approval authority for all municipalities in Ontario.  For the most up-to-date information, please consult the Ministry's website or contact the municipality. 

    The Ministry of Municipal Affairs has put together a chart setting out the approval authority for all municipalities in Ontario.  For the most up-to-date information, please consult the Ministry's website or contact the municipality. 


  • 17(3) REPEALED

    17(3) Repealed: 2002, c. 17, Sched. B, s. 5 (2).

  • 17(4) UPPER-TIER BECOME APPROVAL AUTHORITY

    17(4) On the day that all or part of a plan that covers an upper-tier municipality comes into effect as the official plan of a municipality, the upper-tier municipality is the approval authority in respect of the approval of a plan as an official plan of a lower-tier municipality. 2002, c. 17, Sched. B, s. 5 (3).

  • 17(5) REPEALED

    17(5) Repealed: 2002, c. 17, Sched. B, s. 5 (4).

  • 17(6) REMOVAL OF POWER [Upper-tier Approval]

    17(6) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (2) or (4) and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments submitted for approval after the order is made.   1996, c. 4, s. 9; 2002, c. 17, Sched. B, s. 5 (5).

  • 17(7) TRANSFER OF APPROVAL AUTHORITY [From Upper-tier to Minister]

    17(7) If an order is made under subsection (6), the Minister becomes the approval authority in respect of the plans and proposed official plan amendments to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the approval authority.  1996, c. 4, s. 9.

  • 17(8) REVOCATION [Minister's Removal Order]

    17(8) If the Minister revokes the order or part of the order made under subsection (6), the council reverts back to being the approval authority in respect of all plans or proposed official plan amendments to which the revoked order or revoked part of the order applied. 1996, c. 4, s. 9.

  • 17(9) EXEMPTION [From Minister's Approval]

    17(9) Subject to subsection 26 (6), the Minister may by order exempt a plan or proposed official plan amendment from his or her approval under this section and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments.  1996, c. 4, s. 9; 2006, c. 23, s. 9 (1).

    Related Sections

    An order under subsection 17(9) does not apply to amendments related to:

    • updates of official plans under subsection 26(1) (s.26(6))

    • major transit station area policies described in subsection 16(18).

    Related Regulations
  • 17(10) AUTHORITY TO EXEMPT [From Upper-tier Approval]

    17(10) The Minister may by order authorize an approval authority to pass a by-law,

    (a) exempting any or all plans or proposed official plan amendments from its approval under this section; and

    (b) exempting a plan or proposed official plan amendment from its approval under this section. 1996, c. 4, s. 9.

    Related Sections

    An authorization under subsection 17(10) does not apply to amendments related to:

    • major transit station area policies set out in subsection 16(19).

    Related Regulations
  • 17(11) CONDITIONS [To Exemption/Authorization Order]

    17(11) An exemption under subsection (9) or (10) or an authorization under subsection (10) may be subject to such conditions as the Minister or the approval authority may provide in the order or by-law.  1996, c. 4, s. 9.

  • 17(12) REMOVAL OF EXEMPTION OR AUTHORIZATION

    17(12) The Minister may by order or an approval authority may by by-law, accompanied by a written explanation for it, remove any exemption made under subsection (9) or (10) or any authorization made under subsection (10).  1996, c. 4, s. 9.

 


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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