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Section 36 [Holding Provision By-law]

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

Bill 139 extended the time for council to consider passing a zoning by-law amendment to remove a holding symbol from 120 days to 150 days, before the applicant may appeal to the Tribunal on the basis that council failed to make a decision.


 

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  • 36(1) HOLDING PROVISION BY-LAW

    36(1) The council of a local municipality may, in a by-law passed under section 34, by the use of the holding symbol “H” (or “h”) in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law.  R.S.O. 1990, c. P.13, s. 36 (1).

  • 36(2) CONDITION

    36(2) A by-law shall not contain the provisions mentioned in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to the use of the holding symbol mentioned in subsection (1).  R.S.O. 1990, c. P.13, s. 36 (2).

  • 36(3) APPEAL TO L.P.A.T. (*)

    36(3) Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 150 days after receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and dismiss the same or amend the by-law to remove the holding symbol or direct that the by-law be amended in accordance with its order.  R.S.O. 1990, c. P.13, s. 36 (3); 1994, c. 23, s. 22 (1); 2004, c. 18, s. 7 (1); 2017, c. 23, Sched. 3, s. 11 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words "120 days" with the words "150 days", replacing the words "refuses or neglects to make a decision" with the words "fails to make a decision", and replacing the words "the Municipal Board" and "the Board" with the words "the Tribunal".

    Wood Bull Commentary

    Bill 139 extended the time from 120 days to 150 days for council to consider passing a zoning by-law amendment to remove a holding symbol, before the applicant may appeal to the Tribunal.

    Bill 139 also clarified this subsection by replacing the language "refuses or neglects to make a decision…" to "fails to make a decision".  This is not a substantive change.  Bill 139 amended similar language in subsection 34(11) with respect to zoning by-laws.

  • 36(3.1) MATTERS OF PROVINCIAL INTEREST

    36(3.1) Where an appeal is made to the Tribunal under subsection (3), the Minister, if he or she is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the by-law, may so advise the Tribunal in writing not later than 30 days before the day fixed by the Tribunal for the hearing of the appeal and the Minister shall identify,

    (a) the part or parts of the by-law by which the provincial interest is, or is likely to be, adversely affected; and

    (b) the general basis for the opinion that a matter of provincial interest is, or is likely to be, adversely affected.  2004, c. 18, s. 7 (2); 2017, c. 23, Sched. 5, s. 94.

    Legislative History

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

  • 36(3.2) NO HEARING OR NOTICE REQUIRED

    36(3.2) The Minister is not required to give notice or to hold a hearing before taking any action under subsection (3.1).  2004, c. 18, s. 7 (2).  

  • 36(3.3) NO ORDER TO BE MADE

    36(3.3) If the Tribunal has received notice from the Minister under subsection (3.1) and has made a decision on the by-law, the Tribunal shall not make an order under subsection (3) in respect of the part or parts of the by-law identified in the notice.  2004, c. 18, s. 7 (2);  2017, c. 23, Sched. 5, s. 94.

    Legislative History

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

  • 36(3.4) ACTION OF L.G. IN C.

    36(3.4) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law in whole or in part or amend the by-law in such a manner as the Lieutenant Governor in Council may determine.  2004, c. 18, s. 7 (2); 2017, c. 23, Sched. 5, s. 94.

    Legislative History

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

  • 36(4) APPLICATION OF SUBSS. 34 (10.7, 10.9-25.1) (*)

    36(4) Subsections 34 (10.7), (10.9) to (20.4) and (22) to (34) do not apply to an amending by-law passed by the council to remove the holding symbol, but the council shall, in the manner and to the persons and public bodies and containing the information prescribed, give notice of its intention to pass the amending by-law.  R.S.O. 1990, c. P.13, s. 36 (4); 1994, c. 23, s. 22 (2); 1996, c. 4, s. 22; 2009, c. 33, Sched. 21, s. 10 (6); 2017, c. 23, Sched. 3, s. 11 (2).

    Legislative History

    Bill 139 amended this subsection by replacing the reference to "Subsections 34(10.7) and (10.9) to (25.1)" at the  beginning with "Subsections 34(10.7), (10.9) to (20.4) and (22) to (34)".

    Related Sections

    The following zoning by-law processes do not apply to by-laws to remove holding symbols:

    Related Regulations

    O. Reg. 545/06: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS, s.8 re Notice of intention to pass amending by-law to remove holding symbol

    Wood Bull Commentary

    Bill 139 amended the references to the subsections of section 34 that do not explicitly apply to by-laws to remove holding symbols.  The changes are generally housekeeping in nature.  Subsections which were not explicitly noted in this subsection prior to Bill 139, but are not relevant to by-laws to remove holding symbols or are inapplicable or redundant, have been added to this subsection for exclusion.

    For instance, prior to Bill 139, subsection 34(30), pertaining to the date when an appealed by-law comes into force, was not referenced in this subsection as the only appeals are of a refusal of the by-law or a failure to pass the by-law.  As there is no appeal of a by-law passed to remove a holding symbol, subsection 34(30) is not relevant.  Bill 139 amended subsection 36(4) so that subsection 34(30) does not explicitly apply and so that subsection 34(21) applies instead, which provides that a by-law comes into force on the day that it was passed when no notice of appeal is filed.

 


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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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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