The Wood Bull Guides

Section 34, Subsections (12) to (18.2) [Process to Council Passing of Zoning By-law]

Subsections amended by Bill 139 are denoted with (*), except for administrative changes.  

Bill 139 amended subsection 34(12) to remove reference to a subsection removed by Bill 139.


 

Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 34(12) INFORMATION AND PUBLIC MEETING; OPEN HOUSE IN CERTAIN CIRCUMSTANCES (*)

    34(12) Before passing a by-law under this section, except a by-law passed pursuant to an order of the Tribunal made under subsection (26),

    (a) the council shall ensure that,

    (i) sufficient information and material is made available to enable the public to understand generally the zoning proposal that is being considered by the council, and

    (ii) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law; and

    (b) in the case of a by-law that is required by subsection 26 (9) or is related to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under subclause (a) (i).  2006, c. 23, s. 15 (6); 2009, c. 33, Sched. 21, s. 10 (2); 2017, c. 23, Sched. 3, s. 10 (3).

    Legislative History

    Bill 139 amended this subsection by replacing “an order of the Municipal Board made under subsection (11.0.2) or (26)” at the end of the portion before clause (a) with “an order of the Tribunal made under subsection (26)”.

    Related Sections

    This subsection does not apply to a by-law passed by council pursuant to an order of the Tribunal made under subsection 34(26)

    Open houses, as per clause (b), applies to:

    • the updating of zoning by-laws to conform with updated official plans, required under s.26(9); and 

    • development permit system by-laws.

    Open houses are not required where a municipality has been given an opportunity by the Tribunal to make a new decision and pass another by-law (s.34(26.5)).

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.23 Appeal re amendment to zoning by-law where application refused; s.24 Appeal re amendment to zoning by-law where failure to make decision on application

    Wood Bull Commentary

    This subsection sets out the requirements in regard to information to be made available to the public and the requirements to hold a public meeting before passing a by-law.  This requirement does not apply to a by-law passed pursuant to an order of the Ontario Municipal Board / Tribunal.  

    Bill 139 did not make a substantive change to this subsection.  In continuing this exception, Bill 139 deleted the reference to subsection 34(11.0.2) since subsection 34(11.0.2) was deleted.  The exception still references subsection 34(26) which pertains to the powers of the Tribunal on appeal.  There have been significant amendments to subsection 34(26) regarding the powers of the Tribunal on appeal.  See subsection 34(26). 

    Where a municipality has been given an opportunity by the Tribunal to make a new decision and pass another by-law, there is no requirement to hold an open house.

  • 34(13) NOTICE

    34(13) Notice of the public meeting required under subclause (12) (a) (ii) and of the open house, if any, required by clause (12) (b),

    (a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and

    (b) shall be accompanied by the prescribed information.  2006, c. 23, s. 15 (6).

    Related Regulations

    O. REG. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.5 re Notice of public meeting and open house re proposed zoning by-law

  • 34(14) TIMING OF OPEN HOUSE

    34(14) The open house required by clause (12) (b) shall be held no later than seven days before the public meeting required under subclause (12) (a) (ii) is held.  2006, c. 23, s. 15 (6).

  • 34(14.1) TIMING OF PUBLIC MEETING

    34(14.1) The public meeting required under subclause (12) (a) (ii) shall be held no earlier than 20 days after the requirements for giving notice have been complied with.  2006, c. 23, s. 15 (6).

  • 34(14.2) PARTICIPATION IN PUBLIC MEETING

    34(14.2) Every person who attends a public meeting required under subclause (12) (a) (ii) shall be given an opportunity to make representations in respect of the proposed by-law.  2006, c. 23, s. 15 (6).

  • 34(14.3) ALTERNATIVE MEASURES

    34(14.3) If an official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed zoning by-laws, and if the measures are complied with, clause (10.7) (a) and subsections (12) to (14.2) do not apply to the proposed by-laws, but subsection (14.6) does apply.  2015, c. 26, s. 26 (6).

  • 34(14.4) SAME

    34(14.4) In the course of preparing the official plan, before including alternative measures described in subsection (14.3), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed by-laws to the prescribed persons and public bodies mentioned in clause (13) (a).  2015, c. 26, s. 26 (6).

  • 34(14.4.1) TRANSITION

    34(14.4.1) For greater certainty, subsection (14.4) does not apply with respect to alternative measures that were included in an official plan before the day subsection 26 (6) of the Smart Growth for Our Communities Act, 2015 comes into force.  2015, c. 26, s. 26 (6).

  • 34(14.5) INFORMATION

    34(14.5) At a public meeting under subclause (12) (a) (ii), the council shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (11) and (19).  2006, c. 23, s. 15 (6).

  • 34(14.6) WHERE ALTERNATIVE PROCEDURES FOLLOWED

    34(14.6) If subsection (14.3) applies, the information required under subsection (14.5) shall be made available to the public at a public meeting or in the manner set out in the official plan for informing and obtaining the views of the public in respect of proposed zoning by-laws.  2006, c. 23, s. 15 (6); 2015, c. 26, s. 26 (7).

  • 34(15) INFORMATION TO PUBLIC BODIES

    34(15) The council shall forward to such public bodies as the council considers may have an interest in the zoning proposal sufficient information to enable them to understand it generally and such information shall be forwarded not less than twenty days before passing a by-law implementing the proposal.  R.S.O. 1990, c. P.13, s. 34 (15); 1994, c. 23, s. 21 (5).

  • 34(16) CONDITIONS [on Use, Erection, Location]

    34(16) If the official plan in effect in a municipality contains policies relating to zoning with conditions, the council of the municipality may, in a by-law passed under this section, permit a use of land or the erection, location or use of buildings or structures and impose one or more prescribed conditions on the use, erection or location.  2006, c. 23, s. 15 (7).

  • 34(16.1) SAME

    34(16.1) The prescribed conditions referred to in subsection (16) may be made subject to such limitations as may be prescribed.  2006, c. 23, s. 15 (7).

  • 34(16.2) SAME

    34(16.2) When a prescribed condition is imposed under subsection (16),

    (a) the municipality may require an owner of land to which the by-law applies to enter into an agreement with the municipality relating to the condition;

    (b) the agreement may be registered against the land to which it applies; and

    (c) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  2006, c. 23, s. 15 (7).

  • 34(16.3) CITY OF TORONTO

    34(16.3) Subsections (16), (16.1) and (16.2) do not apply with respect to the City of Toronto.  2006, c. 23, s. 15 (8).

  • 34(17) FURTHER NOTICE [re Change to Proposed By-law after Public Meeting]

    34(17) Where a change is made in a proposed by-law after the holding of the public meeting mentioned in subclause (12) (a) (ii), the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law.  R.S.O. 1990, c. P.13, s. 34 (17); 2006, c. 23, s. 15 (9).

  • 34(18) NOTICE OF PASSING OF BY-LAW

    34(18) If the council passes a by-law under this section, except a by-law passed pursuant to an order of the Tribunal made under subsection (11.0.2) or (26), the council shall ensure that written notice of the passing of the by-law is given in the prescribed manner, no later than 15 days after the day the by-law is passed,

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

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

    (c) to any prescribed person or public body.  2015, c. 26, s. 26 (8); 2017, c. 23, Sched. 5, s. 93 (2).

    Legislative History

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

    Related Regulations
  • 34(18.1) CONTENTS

    34(18.1) The notice under subsection (18) shall contain,

    (a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.2) had on the decision; and

    (b) any other information that is prescribed. 2015, c. 26, s. 26 (8).

    Related Regulations

    O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.6(9) re addition information to include in the notice

  • 34(18.2) WRITTEN AND ORAL SUBMISSIONS

    34(18.2) Clause (18.1) (a) applies to,

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

    (b) any oral submissions relating to the by-law that were made at a public meeting.  2015, c. 26, s. 26 (8).

 


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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