The Wood Bull Guides

Section 34, Subsections (10.0.0.1) to (10.11) [Applications to Amend Zoning By-laws]

Bill 139 did not amend subsections 34(10.0.0.1) to 34(10.11), except replacing the words “the Municipal Board” with the words “the Tribunal”, wherever  they appear.


 

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  • 34(10.0.0.1) TWO-YEAR PERIOD, NO APPLICATION FOR AMENDMENT [To s.26(9) Zoning By-law]

    34(10.0.0.1) If the council carries out the requirements of subsection 26 (9) by simultaneously repealing and replacing all the zoning by-laws in effect in the municipality, no person or public body shall submit an application for an amendment to any of the by-laws before the second anniversary of the day on which the council repeals and replaces them.  2015, c. 26, s. 26 (1).

  • 34(10.0.0.2) EXCEPTION

    34(10.0.0.2) Subsection (10.0.0.1) does not apply in respect of an application if the council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally. 2015, c. 26, s. 26 (2).

  • 34(10.0.1) CONSULTATION [Pre-Application]

    34(10.0.1) The council,

    (a) shall permit applicants to consult with the municipality before submitting applications to amend by-laws passed under this section; and

    (b) may, by by-law, require applicants to consult with the municipality as described in clause (a). 2006, c. 23, s. 15 (3).

  • 34(10.1) PRESCRIBED INFORMATION

    34(10.1) A person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section shall provide the prescribed information and material to the council.  1996, c. 4, s. 20 (5).

    Related Regulations

    O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.2 re Information and material — application to amend zoning by-law and Schedule 1 re Information and material to be provided in an application under subsection 34 (10.1) of the act.

  • 34(10.2) OTHER INFORMATION

    34(10.2) A council may require that a person or public body that applies for an amendment to a by-law passed under this section or a predecessor of this section provide any other information or material that the council considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 15 (4).

  • 34(10.3) REFUSAL AND TIMING

    34(10.3) Until the council has received the information and material required under subsections (10.1) and (10.2), if any, and any fee under section 69,

    (a) the council may refuse to accept or further consider the application for an amendment to the by-law; and

    (b) the time period referred to in subsection (11) does not begin.  2006, c. 23, s. 15 (4).

  • 34(10.4) RESPONSE RE COMPLETENESS OF APPLICATION

    34(10.4) Within 30 days after the person or public body that makes the application for an amendment to a by-law pays any fee under section 69, the council shall notify the person or public body that the information and material required under subsections (10.1) and (10.2), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 15 (4).

  • 34(10.5) MOTION RE DISPUTE [Re Complete Application]

    34(10.5) Within 30 days after a negative notice is given under subsection (10.4), the person or public body or the council may make a motion for directions to have the Tribunal determine,

    (a) whether the information and material have in fact been provided; or

    (b) whether a requirement made under subsection (10.2) is reasonable.  2006, c. 23, s. 15 (4); 2017, c. 23, Sched. 5, s. 93 (1).

    Legislative History

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

  • 34(10.6) SAME

    34(10.6) If the council does not give any notice under subsection (10.4), the person or public body may make a motion under subsection (10.5) at any time after the 30-day period described in subsection (10.4) has elapsed.  2006, c. 23, s. 15 (4).

  • 34(10.7) NOTICE OF PARTICULARS AND PUBLIC ACCESS

    34(10.7) Within 15 days after the council gives an affirmative notice under subsection (10.4), or within 15 days after the Tribunal advises the clerk of its affirmative decision under subsection (10.5), as the case may be, the council shall,

    (a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and 

    (b) make the information and material provided under subsections (10.1) and (10.2) available to the public.  2006, c. 23, s. 15 (4); 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”. 

    Related Regulations

    O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.3 re Notice (“complete application”) and s.5 re Notice of public meeting and open house re proposed zoning by-law

  • 34(10.8) FINAL DETERMINATION [Of Complete Application by Tribunal]

    34(10.8) The Tribunal’s determination under subsection (10.5) is not subject to appeal or review.  2006, c. 23, s. 15 (4); 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”.

  • 34(10.9) NOTICE OF REFUSAL

    34(10.9) When a council refuses an application to amend its by-law, it shall ensure that written notice of the refusal is given in the prescribed manner, no later than 15 days after the day of the refusal,

    (a) to the person or public body that made the application;

    (b) to each person and public body that filed a written request to be notified of a refusal; and

    (c) to any prescribed person or public body.  2015, c. 26, s. 26 (3).

    Related Regulations

    O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.4. re Notice of refusal of application to amend zoning by-law

  • 34(10.10) CONTENTS [Of Notice of Refusal]

    34(10.10) The notice under subsection (10.9) shall contain,

    (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (10.11) had on the decision; and

    (b) any other information that is prescribed.  2015, c. 26, s. 26 (3).

  • 34(10.11) WRITTEN AND ORAL SUBMISSIONS [Addressed in Notice]

    34(10.11) Clause (10.10) (a) applies to,

    (a) any written submissions relating to the application that were made to the council before its decision; and

    (b) any oral submissions relating to the application that were made at a public meeting.  2015, c. 26, s. 26 (3).

 


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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