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Section 21 [Amendment or Repeal of Official Plan]

Bill 139 added subsection 21(3), marked below with (*).   

Bill 139 introduced subsection 21(3), which clarifies that new subsection 17(36.5), regarding the preclusion of a right to appeal the Minister's decisions, applies to amendments only where they are official plan updates adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements).


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  • 21(1) AMENDMENT OR REPEAL OF PLAN [Council Initiated Amendment/Repeal]

    21(1) Except as hereinafter provided and except where the context requires otherwise, the provisions of this Act with respect to an official plan apply, with necessary modifications, to amendments thereto or the repeal thereof, and the council of a municipality that is within a planning area may initiate an amendment to or the repeal of any official plan that applies to the municipality, and section 17 applies to any such amendment or repeal. R.S.O. 1990, c. P.13, s. 21 (1); 2015, c. 26, s. 20 (1).

  • 21(2) EXCEPTION [Restricting Application of s.17(34.1) and (40.2)]

    21(2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality’s official plan only if it is a revision that is adopted in accordance with section 26.  2015, c. 26, s. 20 (2).

    Related Sections

    Subsection 17(34.1) provides that an approval authority shall not approve a lower-tier  municipality's official plan that, in its opinion, is non-conforming with the various types of upper-tier official plan described in the subsection.

    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 it's opinion, the plan/amendment is non-conforming with the upper-tier municipality's official plan.

    Section 26 relates to revisions to an official plan as part of an updating of the official plan relating to conformity with provincial plans, having regard for matters of provincial interest and consistency with policy statements.

    Wood Bull Commentary

    Subsection 21(2) provides that the restrictions in subsections 17(34.1) and 17(40.2) in regard to an appeal of an approval decision of the Minister, apply only to amendments which are official plan updates adopted in accordance with section 26.

     

     

  • 21(3) EXCEPTION [Restricting Application of s.17(36.5)] (*)

    21(3) Subsection 17 (36.5) applies to an amendment only if it is a revision that is adopted in accordance with section 26.  2017, c. 23, Sched. 3, s. 7.

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    Subsection 17(36.5) provides that there is no appeal in respect of a decision of the approval authority pursuant to subsection 17(34) if the approval authority is the Minister .

    Subsection 21(3) restricts this appeal limitation to instances where the  amendment is adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements).

    Wood Bull Commentary

    Subsection 21(3) provides that the restrictions in subsection 17(36.5) in regard to an appeal of an approval decision of the Minister, applies only to amendments which are official plan updates adopted in accordance with section 26.

 


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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