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Section 23 [Provincial Interests Affected by Official Plan]

Bill 139 did not amend section 23, except replacing “the Municipal Board” and “the Board” with “the Tribunal”, and  replacing “O.M.B.” with “L.P.A.T.”, wherever they appear.


 

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  • 23(1) MATTER OF PROVINCIAL INTEREST AFFECTED BY OFFICIAL PLAN

    23(1) If the Minister is of the opinion that a matter of provincial interest as set out in a policy statement issued under subsection 3 (1) is, or is likely to be, affected by an official plan, the Minister may,

    (a) advise the council of the municipality that adopted the plan about the issue; and

    (b) invite the council to submit, within the time specified by the Minister, proposals for resolving the issue.  2015, c. 26, s. 23 (1).

  • 23(1.1) POWER TO AMEND PLAN

    23(1.1) If the council fails to submit proposals to resolve the issue within the specified time, or if, after consultation with the Minister on the proposals, the issue cannot be resolved and the Minister so advises the council, the Minister may by order amend the plan so that it is no longer likely to affect the matter of provincial interest.  2015, c. 26, s. 23 (1).

  • 23(1.2) EFFECT OF ORDER

    23(1.2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority.  2015, c. 26, s. 23 (1).

  • 23(2) HEARING BY L.P.A.T.

    23(2) Where the Minister proposes to make an amendment to an official plan under subsection (1), the Minister may, and on the request of any person or municipality shall, request the Tribunal to hold a hearing on the proposed amendment and the Tribunal shall thereupon hold a hearing as to whether the amendment should be made.  R.S.O. 1990, c. P.13, s. 23 (2); 2017, c. 23, Sched. 5, s. 89 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal” and replacing “O.M.B.” in the title with “L.P.A.T”. 

  • 23(3) REFUSAL TO REFER TO L.P.A.T.

    23(3) Despite subsection (2), where the Minister is of the opinion that a request of any person or municipality made under subsection (2) is not made in good faith or is frivolous or vexatious or is made only for the purpose of delay, the Minister may refuse the request.  R.S.O. 1990, c. P.13, s. 23 (3).

  • 23(4) NOTICE

    23(4) Where the Minister has requested the Tribunal to hold a hearing as provided for in subsection (2), notice of the hearing shall be given in such manner and to such persons as the Tribunal may direct, and the Tribunal shall hear any submissions that any person may desire to bring to the attention of the Tribunal.  R.S.O. 1990, c. P.13, s. 23 (4); 2017, c. 23, Sched. 5, s. 89 (1).

    Legislative History

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

  • 23(5) DECISION OF L.P.A.T.

    23(5) The Tribunal, after the conclusion of the hearing, shall make a decision as to whether the proposed amendment, or an alternative form of amendment, should be made but the decision is not final and binding unless the Lieutenant Governor in Council has confirmed it.  R.S.O. 1990, c. P.13, s. 23 (5); 1994, c. 23, s. 15 (1); 2004, c. 18, s. 5 (1); 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”.

  • 23(6) POWERS OF L.G. IN C.

    23(6) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal made under subsection (5) and in doing so may direct the Minister to amend the plan in such manner as the Lieutenant Governor in Council may determine.  2004, c. 18, s. 5 (2); 2017, c. 23, Sched. 5, s. 89 (2).

    Legislative History

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

  • 23(7) NON-APPLICATION OF LEGISLATION ACT, 2006, PART III

    23(7) The following are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006:

    1. An order made by the Minister under subsection (1.1) or pursuant to the Lieutenant Governor in Council’s direction under subsection (6).

    2. An order made by the Lieutenant Governor in Council under subsection (6).  2015, c. 26, s. 23 (2).

 


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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