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Section 24 [Public Works and By-laws to Conform with Official Plan]

Bill 139 did not amend section 24.

 


 

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  • 24(1) PUBLIC WORKS AND BY-LAWS TO CONFORM WITH PLAN

    24(1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith.  R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24.

  • 24(2) PENDING AMENDMENTS

    24(2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment comes into effect.  2006, c. 23, s. 12.

  • 24(2.1) SAME

    24(2.1) A by-law referred to in subsection (2),

    (a) shall be conclusively deemed to have conformed with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect; and

    (b) is of no force and effect, if the amendment to the official plan does not come into effect.  2006, c. 23, s. 12.

  • 24(3) PRELIMINARY STEPS THAT MAY BE TAKEN WHERE PROPOSED PUBLIC WORK WOULD NOT CONFORM WITH OFFICIAL PLAN

    24(3) Despite subsections (1) and (2), the council of a municipality may take into consideration the undertaking of a public work that does not conform with the official plan and for that purpose the council may apply for any approval that may be required for the work, carry out any investigations, obtain any reports or take other preliminary steps incidental to and reasonably necessary for the undertaking of the work, but nothing in this subsection authorizes the actual undertaking of any public work that does not conform with an official plan.  R.S.O. 1990, c. P.13, s. 24 (3).

  • 24(4) DEEMED CONFORMITY

    24(4) If a by-law is passed under section 34 by the council of a municipality or a planning board in a planning area in which an official plan is in effect and, within the time limited for appeal no appeal is taken or an appeal is taken and the appeal is withdrawn or dismissed or the by-law is amended by the Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in conformity with the official plan, except, if the by-law is passed in the circumstances mentioned in subsection (2), the by-law shall be conclusively deemed to be in conformity with the official plan on and after the day the by-law was passed, if the amendment to the official plan comes into effect.  1994, c. 23, s. 16 (2); 1996, c. 4, s. 14 (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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