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Section 33 [Demolition Control Area]

Bill 139 did not amend section 33, except to replace the words “the Municipal Board” and “the Board” with the words “the Tribunal”, and to replace “O.M.B” with “L.P.A.T.” wherever they appear.


 

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  • 33(1) DEMOLITION CONTROL AREA

    33(1) In this section,

    “dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”)

    “residential property” means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. (“immeuble d’habitation”)  R.S.O. 1990, c. P.13, s. 33 (1).

  • 33(2) ESTABLISHMENT OF DEMOLITION CONTROL AREA BY BY-LAW

    33(2) When a by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof is in force in a municipality or when a by-law prescribing standards for the maintenance and occupancy of property under any special Act is in force in a municipality, the council of the local municipality may by by-law designate any area within the municipality to which the standards of maintenance and occupancy by-law applies as an area of demolition control and thereafter no person shall demolish the whole or any part of any residential property in the area of demolition control unless the person is the holder of a demolition permit issued by the council under this section.  R.S.O. 1990, c. P.13, s. 33 (2); 1997, c. 24, s. 226 (4).
  • 33(3) COUNCIL MAY ISSUE OR REFUSE TO ISSUE PERMIT

    33(3) Subject to subsection (6), where application is made to the council for a permit to demolish residential property, the council may issue the permit or refuse to issue the permit.  R.S.O. 1990, c. P.13, s. 33 (3).
  • 33(4) APPEAL TO L.P.A.T.

    33(4) Where the council refuses to issue the permit or neglects to make a decision thereon within thirty days after the receipt by the clerk of the municipality of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and either dismiss the same or direct that the demolition permit be issued, and the decision of the Tribunal shall be final.  R.S.O. 1990, c. P.13, s. 33 (4); 2017, c. 23, Sched. 5, s. 92.

    Legislative History

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

  • 33(5) NOTICE OF APPEAL

    33(5) The person appealing to the Tribunal under subsection (4) shall, in such manner and to such persons as the Tribunal may direct, give notice of the appeal to the Tribunal.  R.S.O. 1990, c. P.13, s. 33 (5); 2017, c. 23, Sched. 5, s. 92.
    Legislative History

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

  • 33(6) APPLICATION FOR DEMOLITION PERMIT WHERE BUILDING PERMIT ISSUED

    33(6) Subject to subsection (7), the council shall, on application therefor, issue a demolition permit where a building permit has been issued to erect a new building on the site of the residential property sought to be demolished.  R.S.O. 1990, c. P.13, s. 33 (6).
  • 33(7) CONDITIONS OF DEMOLITION PERMIT

    33(7) A demolition permit under subsection (6) may be issued on the condition that the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property proposed to be demolished by not later than such date as the permit specifies, such date being not less than two years from the day demolition of the existing residential property is commenced, and on the condition that on failure to complete the new building within the time specified in the permit, the clerk of the municipality shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, such sum of money as the permit specifies, but not in any case to exceed the sum of $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.  R.S.O. 1990, c. P.13, s. 33 (7).
  • 33(8) REGISTRATION OF NOTICE

    33(8) Notice of any condition imposed under subsection (7) may be registered in the proper land registry office against the land to which it applies.  R.S.O. 1990, c. P.13, s. 33 (8).

  • 33(9) REGISTRATION OF CERTIFICATE

    33(9) Where the clerk of the municipality adds a sum of money to the collector’s roll under subsection (7), a certificate signed by the clerk setting out the sum added to the roll, together with a description of the land in respect of which the sum has been added to the roll, sufficient for registration, shall be registered in the proper land registry office against the land, and upon payment in full to the municipality of the sum added to the roll, a certificate signed by the clerk of the municipality showing such payment shall be similarly registered, and thereupon the lien or charge upon the land in respect of which the sum was added to the roll is discharged.  R.S.O. 1990, c. P.13, s. 33 (9).

  • 33(10) APPEAL TO L.P.A.T

    33(10) Where an applicant for a demolition permit under subsection (6) is not satisfied as to the conditions on which the demolition permit is proposed to be issued, the applicant may appeal to the Tribunal for a variation of the conditions and, where an appeal is brought, the Tribunal shall hear the appeal and may dismiss the same or may direct that the conditions upon which the permit shall be issued be varied in such manner as the Tribunal considers appropriate, and the decision of the Tribunal shall be final.  R.S.O. 1990, c. P.13, s. 33 (10); 2017, c. 23, Sched. 5, s. 92.

    Legislative History

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

  • 33(11) APPLICATION TO COUNCIL FOR RELIEF FROM CONDITIONS OF DEMOLITION PERMIT

    33(11) Where a condition has been imposed under subsection (7) and the holder of the demolition permit considers that it is not possible to complete the new building within the time specified in the permit or where the holder of the permit is of the opinion that the construction of the new building has become not feasible on economic or other grounds, the permit holder may apply to the council of the municipality for relief from the conditions on which the permit was issued.  R.S.O. 1990, c. P.13, s. 33 (11).

  • 33(12) NOTICE OF APPLICATION

    33(12) Notice of application under subsection (11) shall be sent by registered mail to the clerk of the municipality not less than sixty days before the time specified in the permit for the completion of the new building and, where the council under subsection (14) extends the time for completion of the new building, application may similarly be made for relief by sending notice of application not less than sixty days before the expiry of the extended completion time.  R.S.O. 1990, c. P.13, s. 33 (12).

  • 33(13) EXTENSION OF TIME

    33(13) Despite subsection (12), the council may, at any time, extend the date specified in that subsection for the making of an application for relief from the conditions on which the permit was issued.  R.S.O. 1990, c. P.13, s. 33 (13).

  • 33(14) POWERS OF COUNCIL ON APPLICATION

    33(14) Where an application is made under subsection (11), the council shall consider the application and may grant the same or may extend the time for completion of the new building for such period of time and on such terms and conditions as the council considers appropriate or the council may relieve the person applying from the requirement of constructing the new building.  R.S.O. 1990, c. P.13, s. 33 (14).

  • 33(15) APPEAL TO L.P.A.T.

    33(15) Any person who has made application to the council under subsection (11) may appeal from the decision of the council to the Tribunal within twenty days of the mailing of the notice of the decision, or where the council refuses or neglects to make a decision thereon within thirty days after the receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and the Tribunal on the appeal has the same powers as the council has under subsection (14) and the decision of the Tribunal shall be final.  R.S.O. 1990, c. P.13, s. 33 (15); 2017, c. 23, Sched. 5, s. 92.

    Legislative History

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

  • 33(16) OFFENCE

    33(16) Every person who demolishes a residential property, or any portion thereof, in contravention of subsection (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for each dwelling unit contained in the residential property, the whole or any portion of which residential property has been demolished.  R.S.O. 1990, c. P.13, s. 33 (16).

  • 33(17) STANDARDS FOR HEALTH AND SAFETY REMAIN IN FORCE

    33(17) The provisions of any general or special Act and any by-law passed thereunder respecting standards relating to the health or safety of the occupants of buildings and structures remain in full force and effect in respect of residential property situate within an area of demolition control.  R.S.O. 1990, c. P.13, s. 33 (17).

  • 33(18) CERTAIN PROCEEDINGS STAYED

    33(18) Subject to subsection (17), an application to the council for a permit to demolish any residential property operates as a stay to any proceedings that may have been initiated under any by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof or under any special Act respecting maintenance or occupancy standards in respect of the residential property sought to be demolished, until the council disposes of the application, or where an appeal is taken under subsection (4), until the Tribunal has heard the appeal and issued its order thereon. R.S.O. 1990, c. P.13, s. 33 (18); 1997, c. 24, s. 226 (5); 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”.

  • 33(19) EXEMPTION RE BUILDING CODE

    33(19) Where a permit to demolish residential property is obtained under this section, it is not necessary for the holder thereof to obtain the permit mentioned in subsection 8 (1) of the Building Code Act, 1992.  R.S.O. 1990, c. P.13, s. 33 (19); 1997, c. 24, s. 226 (6).

 


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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