The Wood Bull Guides

Sections 17.1 to 20 [Official Plans - Delegation of Approval Authority, Planning Board Plan, Unorganized Territory, Deemed Council, Lodging of Plan]

Bill 139 did not amend Sections 17.1 to 20.


 

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  • 17.1(1) DELEGATION OF APPROVAL AUTHORITY

    17.1(1) If an upper-tier municipality is the approval authority under section 17 in respect of the approval of official plans of lower-tier municipalities, the council may by by-law delegate all or any of the authority to approve amendments to official plans to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  2002, c. 17, Sched. B, s. 6.

  • 17.1(2) CONDITIONS

    17.1(2) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council by by-law provides.  1994, c. 23, s. 10.

  • 17.1(3) WITHDRAWAL OF DELEGATION

    17.1(3) A council may by by-law withdraw a delegation of authority made by it under subsection (1) and the withdrawal may be in respect of one or more requests for approval specified in the by-law or any or all requests for approval in respect of which a final disposition was not made by the committee or officer before the withdrawal.  1994, c. 23, s. 10.

  • 18(1) RECOMMENDATION OF PLAN

    18(1) Where a plan is prepared by a planning board, the plan shall not be recommended to any council for adoption as an official plan unless it is approved by a vote of the majority of all the members of the planning board.  R.S.O. 1990, c. P.13, s. 18 (1).

  • 18(2) SUBMISSION OF PLAN TO COUNCIL

    18(2) When the plan is approved by the planning board, the board shall submit a copy thereof, certified by the secretary-treasurer of the board to be a true copy,

    (a) in the case of a plan prepared for a planning area, to the council of each municipality that is within the planning area; and

    (b) in the case of a plan prepared at the request of a single municipality, to the council of that municipality, together with a recommendation that it be adopted by the council.  R.S.O. 1990, c. P.13, s. 18 (2).

  • 18(3) ADOPTION OF PLAN

    18(3) Each council to which the plan is submitted may, subject to subsections 17 (15) to (22), by by-law adopt the plan and the clerk of each municipality, the council of which adopted the plan, shall provide the secretary-treasurer of the planning board with a certified copy of the adopting by-law and shall comply with subsections 17 (23), (32) and (33).  R.S.O. 1990, c. P.13, s. 18 (3); 1994, c. 23, s. 11 (1); 1996, c. 4, s. 11 (1); 2015, c. 26, s. 19.

  • 18(4) SUBMISSION OF PLAN

    18(4) When the secretary-treasurer of the planning board has received a certified copy of an adopting by-law from a majority of the councils to which the plan was submitted, he or she shall, unless it is exempt from an approval, submit the plan for approval together with each certified copy of the adopting by-law and subsections 17 (31) to (50.1) apply with necessary modifications in respect of the plan as if the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality.  1996, c. 4, s. 11 (2); 2006, c. 23, s. 10 (1).

  • 18(5) APPLICATION OF SUBSS. 17 (15-50)

    18(5) Where a planning area consists of the whole of one or more municipalities and territory without municipal organization subsections 17 (15) to (50.1) apply, with necessary modifications, in respect of the part of the planning area that consists of territory without municipal organization as though the planning board were the council of a municipality and the secretary-treasurer of the planning board were the clerk of the municipality.  R.S.O. 1990, c. P.13, s. 18 (5); 1994, c. 23, s. 11 (3); 1996, c. 4, s. 11 (3); 2006, c. 23, s. 10 (2).

  • 19 UNORGANIZED TERRITORY

    19. In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk.  1996, c. 4, s. 12.

  • 19.1 DEEMED COUNCIL

    19.1 Sections 34 to 39 and 45 apply in respect of land within the planning area consisting of territory without municipal organization and the planning board shall be deemed to be a council of a local municipality and the secretary-treasurer of the planning board shall be deemed to be the clerk of the municipality for those purposes.  1994, c. 23, s. 12.

  • 20(1) LODGING OF PLAN

    20(1) A certified copy of the official plan shall be lodged in the office of the clerk of each municipality to which the plan or any part of the plan applies.  R.S.O. 1990, c. P.13, s. 20.

  • 20(2) WHO TO LODGE PLAN

    20(2) The lodging required by subsection (1) shall be carried out,

    (a) in the case of an official plan that applies to only one municipality or part thereof or to only one municipality and territory without municipal organization, by the clerk of the municipality; and

    (b) in the case of an official plan that applies to more than one municipality or parts thereof, by the clerk of the municipality that has the largest population.  R.S.O. 1990, c. P.13, s. 20.

  • 20(3) PUBLIC INSPECTION

    20(3) All copies lodged under subsection (1) shall be available for public inspection during office hours.  R.S.O. 1990, c. P.13, s. 20.

 


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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