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Section 17, Subsections (13) to (23.2) [Official Plan Process to Council Adoption]

Bill 139 did not amend subsections 17(13) to 17(23.2).


 

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  • 17(13) MANDATORY ADOPTION [Prescribed Municipality]

    17(13) A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of a prescribed municipality.  2002, c. 17, Sched. B, s. 5 (6).

    Related Regulations

    O. Reg. 352/02: MANDATORY ADOPTION OF OFFICIAL PLANS re upper-tier and single-tier municipalities prescribed for the purposes of this subsection.

  • 17(14) DISCRETIONARY ADOPTION [Non-Prescribed Municipality]

    17(14) The council of a municipality not prescribed under subsection (13) may prepare and adopt a plan and, unless the plan is exempt from approval, submit it for approval.  2002, c. 17, Sched. B, s. 5 (7).

  • 17(15) CONSULTATION AND PUBLIC MEETING

    17(15) In the course of the preparation of a plan, the council shall ensure that,

    (a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;

    (b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;

    (c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and

    (d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan.  2006, c. 23, s. 9 (2).

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.2 re Information and material for review

  • 17(16) OPEN HOUSE

    17(16) If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c).  2006, c. 23, s. 9 (2).

  • 17(17) NOTICE [Of Public Meeting]

    17(17) Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall,

    (a) be given to the prescribed persons and public bodies, in the prescribed manner; and

    (b) be accompanied by the prescribed information.  2006, c. 23, s. 9 (2).

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS s.3 re Notice of public meeting and open house

  • 17(17.1) TIME FOR PROVISION OF COPY TO MINISTER

    17(17.1) A copy of the current proposed plan or official plan amendment shall be submitted to the Minister at least 90 days before the municipality gives notice under subsection (17) if,

    (a) the Minister is the approval authority in respect of the plan or amendment; and

    (b) the plan or amendment is not exempt from approval.  2015, c. 26, s. 18 (1).

  • 17(17.2) REPEALED

    17(17.2) Repealed: 2015, c. 26, s. 18 (2).

  • 17(18) TIMING OF OPEN HOUSE

    17(18) If an open house is required under subsection (16), it shall be held no later than seven days before the public meeting required under clause (15) (d) is held. 2006, c. 23, s. 9 (2).

  • 17(19) TIMING OF PUBLIC MEETING

    17(19) The public meeting required under clause (15) (d) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.  2006, c. 23, s. 9 (2).

  • 17(19.1) INFORMATION AND MATERIAL [Before Public Meeting]

    17(19.1) The information and material referred to in clause (15) (c), including a copy of the current proposed plan, shall be made available to the public at least 20 days before the public meeting required under clause (15) (d) is held.  2006, c. 23, s. 9 (2).

  • 17(19.2) PARTICIPATION IN PUBLIC MEETING

    17(19.2) Every person who attends a public meeting required under clause (15) (d) shall be given an opportunity to make representations in respect of the current proposed plan.  2006, c. 23, s. 9 (2).

  • 17(19.3) ALTERNATIVE MEASURES

    17(19.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of amendments that may be proposed for the plan and if the measures are complied with, subsections (15) to (19.2) and clause 22 (6.4) (a) do not apply to the proposed amendments, but subsection (19.6) does apply.  2015, c. 26, s. 18 (3).

  • 17(19.4) SAME

    17(19.4) In the course of preparing the official plan, before including alternative measures described in subsection (19.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed amendments to the prescribed persons and public bodies mentioned in clause (17) (a).  2015, c. 26, s. 18 (3).

  • 17(19.4.1) TRANSITION

    17(19.4.1) For greater certainty, subsection (19.4) does not apply with respect to alternative measures that are included in an official plan before the day subsection 18 (3) of the Smart Growth for Our Communities Act, 2015 comes into force.  2015, c. 26, s. 18 (3).

  • 17(19.5) INFORMATION [At Public Meeting re Appeal Rights]

    17(19.5) At a public meeting under clause (15) (d), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (24) and (36).  2006, c. 23, s. 9 (2).

  • 17(19.6) WHERE ALTERNATIVE PROCEDURES FOLLOWED [Information re Appeal Rights]

    17(19.6) If subsection (19.3) applies, the information required under subsection (19.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of the proposed amendments.  2006, c. 23, s. 9 (2).

  • 17(20) SUBMISSIONS

    17(20) Any person or public body may make written submissions to the council before a plan is adopted.  1996, c. 4, s. 9.

  • 17(21) COMMENTS

    17(21) The council shall provide to any person or public body that the council considers may have an interest in the plan adequate information and material, including a copy of the plan and, before adopting the plan, shall give them an opportunity to submit comments on it up to the time specified by the council.  1996, c. 4, s. 9; 2006, c. 23, s. 9 (3).

  • 17(22) ADOPTION OF PLAN

    17(22) When the requirements of subsections (15) to (21), as appropriate, have been met and the council is satisfied that the plan as finally prepared is suitable for adoption, the council may by by-law adopt all or part of the plan and, unless the plan is exempt from approval, submit it for approval.  1996, c. 4, s. 9.

  • 17(23) NOTICE [Of Adoption]

    17(23) The council shall ensure that written notice of the adoption of the plan is given in the prescribed manner, no later than 15 days after the day it was adopted,

    (a) to the appropriate approval authority, whether or not the plan is exempt from approval, unless the approval authority has notified the municipality that it does not wish to receive copies of the notices of adoption;

    (b) to each person or public body that filed with the clerk of the municipality a written request to be notified if the plan is adopted; and

    (c) to any other person or public body that is prescribed.  2015, c. 26, s. 18 (4).

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.4 re Notice of adoption of proposed plan or amendment and s.5 re Details of notice

 


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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