(17) If an official plan of a lower-tier municipality that is required to include the policies described in subclauses (16) (b) (i) and (ii) is not amended to include those policies as required by subsection 27 (1) within one year from the day the policies identifying the relevant protected major transit station area in accordance with subsection (16) of this section come into effect, subsection 27 (2) does not apply and instead the council of the upper-tier municipality shall amend the official plan of the lower-tier municipality in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one-year period as required. 2017, c. 23, Sched. 3, s. 5 (2).
The council of a lower-tier municipality is required to amend its official plan to conform with an upper-tier municipality's official plan (s.27(1)).
Where the lower-tier municipality does not amend its official plan in accordance with protected major transit station area policies required in subsection 16(16)(b), the requirement set out in this subsection applies instead of subsection 27(2). Subsection 27(2) provides that the council of an upper-tier municipality may amend the official plan of the lower-tier municipality to conform with the upper-tier municipality's official plan (s.27(2)).
If an upper-tier municipality has official plan policies for a protected major transit station area, a lower tier municipality is required to include policies in its official plan that identify:
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the uses of land and of buildings or structures; and
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the minimum densities for buildings and structures,
within one year from the day the policies in the upper-tier municipality’s official plan identifying the protected major station area come into effect.
If the lower-tier municipality fails to do this, the council of the upper-tier municipality shall amend the official plan of the lower-tier municipality in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment within the one year period. This is in contrast to other scenarios under section 27, where the upper-tier municipality may amend the lower-tier municipality’s official plan to conform with the upper-tier municipality’s official plan if council of the lower-tier municipality fails to make the amendment within the one-year period.