The Wood Bull Guides

Section 22, Subsections (1) to (6.8) [Request for Official Plan Amendment by Person/Public Body]

Subsections amended by Bill 139 are marked below with (*), except for administrative changes.  

With Bill 139, unless a council declares otherwise, the following requests for official plan amendments are prohibited:

  • a request to amend a secondary plan before the second anniversary of the first day any part of the secondary plan comes into effect; and
  • a request to amend protected major transit station area policies.

 

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  • 22(1) REQUEST FOR AMENDMENT

    22(1) If a person or public body requests a council to amend its official plan, the council shall,

    (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and

    (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.  1996, c. 4, s. 13; 2004, c. 18, s. 4 (1); 2006, c. 23, s. 11 (1).

  • 22(2) REQUEST TO PLANNING BOARD

    22(2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall,

    (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and

    (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan.  1996, c. 4, s. 13; 2004, c. 18, s. 4 (2); 2006, c. 23, s. 11 (2).

  • 22(2.1) TWO-YEAR PERIOD, NO REQUEST FOR AMENDMENT [New Official Plan]

    22(2.1) No person or public body shall request an amendment to a new official plan before the second anniversary of the first day any part of the plan comes into effect.  2015, c. 26, s. 21 (1).

    Related Sections

    Council may by resolution allow an exception to permit a request for amendment (s.22(2.2)). 

  • 22(2.1.1) SAME, SECONDARY PLANS (*)

    22(2.1.1)  No person or public body shall request an amendment to a secondary plan before the second anniversary of the first day any part of the secondary plan comes into effect.  2017, c. 23, Sched. 3, s. 8 (1).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    Council may by resolution allow an exception to permit a request for amendment (s.22(2.2)).

    Subsection 22(2.1.2) defines a secondary plan for the purposes of this subsection.

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.14:

    Request for amendment to new secondary plan, two-year period 

    14. A request for an amendment to an official plan received before April 3, 2020 shall be continued and disposed of as if subsection 22 (2.1.1) of the Act was not in force, unless the request is for an amendment to a secondary plan any part of which came into effect on or after April 3, 2018. O. Reg. 67/18, s. 4.

  • 22(2.1.2) INTERPRETATION, SECONDARY PLAN (*)

    22(2.1.2) For the purpose of subsection (2.1.1), a secondary plan is a part of an official plan, added by way of an amendment, that contains policies and land use designations that apply to multiple contiguous parcels of land, but not an entire municipality, and that provides more detailed land use policy direction in respect of those parcels than was provided before the amendment.  2017, c. 23, Sched. 3, s. 8 (1).

    Legislative History

    This subsection was introduced by Bill 139.

  • 22(2.1.3) NO REQUEST FOR AMENDMENT RE PROTECTED MAJOR TRANSIT STATION AREA POLICIES (*)

    22(2.1.3) If a protected major transit station area is identified in an official plan in accordance with subsection 16 (15) or (16), no person or public body shall request an amendment in respect of any of the policies described in those subsections in respect of that area, including, for greater certainty, policies described in subclauses 16 (16) (b) (i) and (ii) that are contained in the official plan of a lower-tier municipality.  2017, c. 23, Sched. 3, s. 8 (1).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    Protected major transit station areas are identified in official plans of:

    Council may by resolution allow an exception to permit a request for amendment (s.22(2.2)).

    Wood Bull Commentary

    Bill 139 added a new restriction that a person or public body cannot request an amendment of any of the official plan policies relating to an identified protected major transit station area, including the policies described in subsection 16(16)(b) contained in a lower-tier municipality's official plan.

  • 22(2.2) EXCEPTION [To s.22(2.1), (2.1.1) and (2.1.3)] (*)

    22(2.2) If the council has declared by resolution that a request described in subsection (2.1), (2.1.1) or (2.1.3) is permitted, which resolution may be made in respect of a specific request, a class of requests or in respect of such requests generally, the relevant subsection does not apply.  2015, c. 26, s. 21 (2); 2017, c. 23, Sched. 3, s. 8 (2).

    Legislative History

    Bill 139 amended this subsection to apply also to the new subsections (2.1.1) regarding secondary plan policies and (2.1.3) regarding protected major transit station area policies.

  • 22(3) NO OPEN HOUSE OR PUBLIC MEETING

    22(3) Despite subsections (1) and (2), the requirement to hold a public meeting under subsection 17 (15) does not apply if the council or the planning board refuses to adopt an amendment to its official plan requested by a person or public body.  2006, c. 23, s. 11 (3).

  • 22(3.1) CONSULTATION [Pre-Application]

    22(3.1) The council or planning board,

    (a) shall permit applicants to consult with the municipality or planning board, as the case may be, before submitting requests under subsection (1) or (2); and

    (b) may, by by-law, require applicants to consult with the municipality or planning board as described in clause (a).  2006, c. 23, s. 11 (3).

  • 22(4) PRESCRIBED INFORMATION

    22(4) A person or public body that requests an amendment to the official plan of a municipality or planning board shall provide the prescribed information and material to the council or planning board.  1996, c. 4, s. 13.

    Related Regulations

    O. Reg. 543/06: Official Plans and Plan Amendments, s.10 re Information and material — request for amendment to official plan; and Schedule 1  re Information and material to be provided with a request under subsection 22 (4) of the act.

  • 22(5) OTHER INFORMATION

    22(5) A council or a planning board may require that a person or public body that requests an amendment to its official plan provide any other information or material that the council or planning board considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 11 (4).

  • 22(6) REFUSAL AND TIMING

    22(6) Until the council or planning board has received the information and material required under subsections (4) and (5), if any, and any fee under section 69,

    (a) the council or planning board may refuse to accept or further consider the request for an amendment to its official plan; and

    (b) the time periods referred to in paragraphs 1 and 2 of subsection (7.0.2) do not begin.  2006, c. 23, s. 11 (4).

  • 22(6.1) RESPONSE RE COMPLETENESS OF REQUEST

    22(6.1) Within 30 days after the person or public body that requests the amendment pays any fee under section 69, the council or planning board shall notify the person or public body that the information and material required under subsections (4) and (5), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 11 (4).

  • 22(6.2) MOTION RE DISPUTE [Re Complete Application]

    22(6.2) Within 30 days after a negative notice is given under subsection (6.1), the person or public body or the council or planning board may make a motion for directions to have the Tribunal determine,

    (a) whether the information and material have in fact been provided; or

    (b) whether a requirement made under subsection (5) is reasonable.  2006, c. 23, s. 11 (4); 2017, c. 23, Sched. 5, s. 88 (1).

    Legislative History

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

  • 22(6.3) SAME

    22(6.3) If the council or planning board does not give any notice under subsection (6.1), the person or public body may make a motion under subsection (6.2) at any time after the 30-day period described in subsection (6.1) has elapsed.  2006, c. 23, s. 11 (4).

  • 22(6.4) NOTICE OF PARTICULARS AND PUBLIC ACCESS

    22(6.4) Within 15 days after the council or planning board gives an affirmative notice under subsection (6.1), or within 15 days after the Tribunal advises the clerk of the municipality or the secretary-treasurer of the planning board of its affirmative decision under subsection (6.2), as the case may be, the council or planning board shall,

    (a) give the prescribed persons and public bodies, in the prescribed manner, notice of the request for amendment, accompanied by the prescribed information; and

    (b) make the information and material provided under subsections (4) and (5) available to the public.  2006, c. 23, s. 11 (4); 2015, c. 26, s. 21 (3); 2017, c. 23, Sched. 5, s. 80.

    Legislative History

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

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.11 re Notice (“complete application”)

  • 22(6.5) FINAL DETERMINATION [Of Complete Application by Tribunal]

    22(6.5) The Tribunal’s determination under subsection (6.2) is not subject to appeal or review.  2006, c. 23, s. 11 (4); 2017, c. 23, Sched. 5, s. 80.

    Legislative History

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

  • 22(6.6) NOTICE OF REFUSAL

    22(6.6) A council or planning board that refuses a request to amend its official plan shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal,

    (a) to the person or public body that made the request;

    (b) to each person or public body that filed a written request to be notified of a refusal;

    (c) to the appropriate approval authority; and

    (d) to any prescribed person or public body.  2015, c. 26, s. 21 (4).

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.12 re Notice of refusal of request

  • 22(6.7) CONTENTS [Of Notice of Refusal]

    22(6.7) The notice under subsection (6.6) shall contain,

    (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (6.8) had on the decision; and

    (b) any other information that is prescribed.   2015, c. 26, s. 21 (4).

  • 22(6.8) WRITTEN AND ORAL SUBMISSIONS [Addressed in Notice]

    22(6.8) Clause (6.7) (a) applies to,

    (a) any written submissions relating to the request that were made to the council or planning board before its decision; and 

    (b) any oral submissions relating to the request that were made at a public meeting.  2015, c. 26, s. 21 (4).

 


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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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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