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Section 17, Subsections (31) to (35.3) [Process to Approval Authority Approval: Official Plan and Amendments Not Exempt from Approval]

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

Bill 139 amended the time period in subsection 17(34.1)(c) from 180 days to 210 days.


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

  • 17(31) RECORD

    17(31) If the plan is not exempt from approval, the council shall cause to be compiled and forwarded to the approval authority, not later than 15 days after the day the plan was adopted, a record which shall include the prescribed information and material and any fee under section 69 or 69.1.  1996, c. 4, s. 9.

    Related Sections

    In contrast to subsection 17(31) which applies where there plan/amendment is not exempt from a further approval, subsection 17(29) specifies the requirements in regard to the preparation and filing of a record in the case of an exempt plan/amendment.   

    Parallel subsections : 17(42) and 22(9)

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.7 re Record compiled by clerk for approval authority

  • 17(32) OTHER INFORMATION [Required by Approval Authority]

    17(32) An approval authority may require that a council provide such other information or material that the approval authority considers it may need.  1996, c. 4, s. 9.

  • 17(33) REFUSAL TO CONSIDER

    17(33) Until the approval authority has received the information, material and fee referred to in subsection (31),

    (a) the approval authority may refuse to accept or further consider the plan; and

    (b) the time period referred to in subsection (40) does not begin.  1996, c. 4, s. 9.

  • 17(34) ACTION BY APPROVAL AUTHORITY [Approve or Refuse]

    17(34) The approval authority may confer with any person or public body that it considers may have an interest in the plan and may,

    (a) approve, modify and approve as modified or refuse to approve a plan; or

    (b) approve, modify and approve as modified or refuse to approve part or parts of the plan.  1996, c. 4, s. 9.

  • 17(34.1) EXCEPTION, NON-CONFORMING LOWER-TIER PLAN (*)

    17(34.1) Despite subsection (34), an approval authority shall not approve any part of a lower-tier municipality’s plan if the plan or any part of it does not, in the approval authority’s opinion, conform with,

    (a) the upper-tier municipality’s official plan;

    (b) a new official plan of the upper-tier municipality that was adopted before the 210th day after the lower-tier municipality adopted its plan, but is not yet in effect; or

    (c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 210th day after the lower-tier municipality adopted its plan, but is not yet in effect.  2015, c. 26, s. 18 (10); 2017, c. 23, Sched. 3, s. 6 (6).

    Legislative History

    Bill 139 amended this subsection by replacing "180th day" with "210th day" to reflect the time frame established in subsection 17(40) by Bill 139 for approval authorities to provide a notice of decision.

    Related Sections

    Subsection 17(40.2) is the counterpart to subsection 17(34.1) in that it provides that there is no appeal of a non-decision by an approval authority of a lower-tier official plan/amendment where, within the 120 day period (or an extension), the approval authority states that, in its opinion, the plan/amendment is non-conforming with the upper-tier municipality's official plan.

    For amendments to a lower-tier municipality's official plan, subsections 17(34.1) and 17(40.2) apply only to official plan amendments adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements) (s.21(2)).

    Related Regulations

    O. Reg. 174/16: TRANSITIONAL MATTERS — GENERAL, s.18(1) and (2):

    Timelines for appealing failure to make decisions

    18. (1) An official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsections 17 (34.1), (40), (40.1), (40.2) and (40.4) of the Act as they read on April 2, 2018 if the by-law adopting the plan, amendment or repeal was passed on or before December 12, 2017. O. Reg. 67/18, s. 4.

    (2) For greater certainty, an official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsections 17 (34.1), (40), (40.1), (40.2) and (40.4) of the Act as they read on and after April 3, 2018 if the by-law adopting the plan, amendment or repeal was passed after December 12, 2017 but before April 3, 2018. O. Reg. 67/18, s. 4.

  • 17(34.2) NO RESTRICTION [For Approval Authority to Modify Non-Conforming Plan and Approve]

    17(34.2) Nothing in subsection (34.1) derogates from an approval authority’s ability to modify a lower-tier municipality’s plan and approve it as modified if the modifications remove any non-conformity described in that subsection.  2015, c. 26, s. 18 (10).

  • 17(35) NOTICE [Of Decision]

    17(35) If the approval authority makes a decision under subsection (34), it shall ensure that written notice of its decision is given in the prescribed manner to,

    (a) the council or planning board that adopted the plan;

    (b) each person or public body that made a written request to be notified of the decision;

    (c) each municipality or planning board to which the plan would apply if approved; and

    (d) any other person or public body that is prescribed. 2015, c. 26, s. 18 (11).

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.8 re Notice of approval authority’s decision

  • 17(35.1) CONTENTS [Of Notice of Decision]

    17(35.1) The notice under subsection (35) shall contain,

    (a) a brief explanation of the effect, if any, that the written submissions mentioned in subsection (35.2) had on the decision; and

    (b) any other information that is prescribed.  2015, c. 26, s. 18 (11).

  • 17(35.2) WRITTEN SUBMISSIONS [Addressed in Notice]

    17(35.2) Clause (35.1) (a) applies to any written submissions relating to the plan that were made to the approval authority before its decision.  2015, c. 26, s. 18 (11).

  • 17(35.3) EXCEPTION [Where Notice in Accordance with EBR]

    17(35.3) If the notice under subsection (35) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (35.1) (a) is not required. 2015, c. 26, s. 18 (11).

 


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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