The Wood Bull Guides

Section 41 [Site Plan Control]

Subsections amended and added by Bill 139 are marked below with (*), except for administrative amendments.

Bill 139 introduced both technical and substantive revisions to the site plan control appeal provisions of the Planning Act.  These revisions include renaming a referral to an appeal, the manner of filing an appeal, the obligations on the municipality once an appeal is filed, and removing the reference to the finality of decisions.  Bill 139 also provides a complete exemption to site plan provisions of the Planning Act with respect to applications filed within the City of Toronto.  The City of Toronto Act, 2006, section 114 applies to site plan approval in the City of Toronto


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  • 41(1) SITE PLAN CONTROL AREA

    41(1) In this section,

    “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act.  R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1); 2006, c. 32, Sched. C, s. 47 (8).

  • 41(1.1) EXCEPTION

    41(1.1) The definition of “development” in subsection (1) does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.  2006, c. 23, s. 16 (1).

  • 41(2) ESTABLISHMENT OF SITE PLAN CONTROL AREA

    41(2) Where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area.  R.S.O. 1990, c. P.13, s. 41 (2).

  • 41(3) DESIGNATION OF SITE PLAN CONTROL AREA

    41(3) A by-law passed under subsection (2) may designate a site plan control area by reference to one or more land use designations contained in a by-law passed under section 34.  R.S.O. 1990, c. P.13, s. 41 (3).

  • 41(3.1) CONSULTATION

    41(3.1) The council,

    (a) shall permit applicants to consult with the municipality before submitting plans and drawings for approval under subsection (4); and

    (b) may, by by-law, require applicants to consult with the municipality as described in clause (a).  2006, c. 23, s. 16 (2).

  • 41(4) APPROVAL OF PLANS OR DRAWINGS

    41(4) No person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Tribunal has approved one or both, as the council may determine, of the following:

    1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a), including facilities designed to have regard for accessibility for persons with disabilities.

    2. Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing less than twenty-five dwelling units, which drawings are sufficient to display,

    (a) the massing and conceptual design of the proposed building;

    (b) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access;

    (c) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings;

    (d) matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality;

    (d.1) matters relating to exterior access to each building that will contain affordable housing units or to any part of such building, but only to the extent that it is a matter of exterior design, if the municipal by-law passed under subsection (2) and the official plan to which the by-law gives effect both include provisions relating to policies described in subsection 16 (4) and both include requirements or standards for exterior access to buildings that will contain affordable housing units;

    (e) the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the municipality; and

    (f) facilities designed to have regard for accessibility for persons with disabilities.  R.S.O. 1990, c. P.13, s. 41 (4); 2002, c. 9, s. 56 (1); 2006, c. 23, s. 16 (3, 4); 2009, c. 33, Sched. 21, s. 10 (9); 2016, c. 25, Sched. 4, s. 5.

    Legislative History

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

  • 41(4.1) EXCLUSIONS FROM SITE PLAN CONTROL

    41(4.1) The following matters relating to buildings described in paragraph 2 of subsection (4) are not subject to site plan control:

    1. Interior design.

    2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in subparagraph 2 (c) of subsection (4).

    3. The manner of construction and standards for construction.  2006, c. 23, s. 16 (5).

  • 41(4.2) DISPUTE ABOUT SCOPE OF SITE PLAN CONTROL

    41(4.2) The owner of land or the municipality may make a motion for directions to have the Tribunal determine a dispute about whether a matter referred to in paragraph 1 or 2 of subsection (4) is subject to site plan control.  2006, c. 23, s. 16 (5); 2017, c. 23, Sched. 5, s. 96.

    Legislative History

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

  • 41(4.3) FINAL DETERMINATION

    41(4.3) The Tribunal's determination under subsection (4.2) is not subject to appeal or review.  2006, c. 23, s. 16 (5); 2017, c. 23, Sched. 5, s. 80).

    Legislative History

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

  • 41(5) DRAWINGS FOR RESIDENTIAL BUILDINGS

    41(5) Despite the exception provided in paragraph 2 of subsection (4), the council of the municipality may require the drawings mentioned therein for a building to be used for residential purposes containing less than twenty-five dwelling units if the proposed building is to be located in an area specifically designated in the official plan mentioned in subsection (2) as an area wherein such drawings may be required.  R.S.O. 1990, c. P.13, s. 41 (5).

  • 41(6) PROVISO

    41(6) Nothing in this section shall be deemed to confer on the council of the municipality power to limit the height or density of buildings to be erected on the land.  R.S.O. 1990, c. P.13, s. 41 (6).

  • 41(7) CONDITIONS TO APPROVAL OF PLANS

    41(7) As a condition to the approval of the plans and drawings referred to in subsection (4), a municipality may require the owner of the land to,

    (a) provide to the satisfaction of and at no expense to the municipality any or all of the following:

    1. Subject to the provisions of subsections (8) and (9), widenings of highways that abut on the land.

    2. Subject to the Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs.

    3. Off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways.

    4. Walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access.

    4.1 Facilities designed to have regard for accessibility for persons with disabilities.

    5. Facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon.

    6. Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands.

    7. Vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material.

    8. Easements conveyed to the municipality for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the municipality or local board thereof on the land.

    9. Grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon;

    (b) maintain to the satisfaction of the municipality and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of clause (a), including the removal of snow from access ramps and driveways, parking and loading areas and walkways;

    (c) enter into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (d) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (4);

    (c.1) enter into one or more agreements with the municipality ensuring that development proceeds in accordance with the plans and drawings approved under subsection (4);

    (d) subject to subsection (9.1), convey part of the land to the municipality to the satisfaction of and at no expense to the municipality for a public transit right of way.  R.S.O. 1990, c. P.13, s. 41 (7); 1996, c. 4, s. 24 (1, 2); 2006, c. 23, s. 16 (6, 7).

  • 41(8) WHERE AREA IS IN UPPER-TIER MUNICIPALITY

    41(8) If an area designated under subsection (2) is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to,

    (a) provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following:

    (i) subject to subsection (9), widenings of highways that are under the jurisdiction of the upper-tier municipality and that abut on the land,

    (ii) subject to the Public Transportation and Highway Improvement Act, where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs,

    (iii) where the land abuts a highway under the jurisdiction of the upper-tier municipality, offstreet vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways,

    (iv) where the land abuts a highway under the jurisdiction of the upper-tier municipality, grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land,

    (v) where the land abuts a highway under the jurisdiction of the upper-tier municipality, facilities designed to have regard for accessibility for persons with disabilities;

    (b) enter into one or more agreements with the upper-tier municipality dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (c) and the maintenance thereof at the sole risk and expense of the owner, including the removal of snow from access ramps and driveways and parking and loading areas;

    (c) subject to subsection (9.1), convey part of the land to the upper-tier municipality to the satisfaction of and at no expense to the municipality for a public transit right of way.  2002, c. 17, Sched. B, s. 14 (2); 2006, c. 23, s. 16 (8).

  • 41(9) WIDENING MUST BE DESCRIBED IN OFFICIAL PLAN

    41(9) An owner may not be required to provide a highway widening under paragraph 1 of clause (7) (a) or under paragraph 1 of clause (8) (a) unless the highway to be widened is shown on or described in an official plan as a highway to be widened and the extent of the proposed widening is likewise shown or described.  R.S.O. 1990, c. P.13, s. 41 (9).

  • 41(9.1) LIMITATION

    41(9.1) An owner of land may not be required to convey land under clause (7) (d) or (8) (c) unless the public transit right of way to be provided is shown on or described in an official plan.  1994, c. 23, s. 24 (3); 1996, c. 4, s. 24 (3).

  • 41(10) REGISTRATION OF AGREEMENTS

    41(10) Any agreement entered into under clause (7) (c) or (c.1) or under clause (8) (b) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  R.S.O. 1990, c. P.13, s. 41 (10); 2002, c. 17, Sched. B, s. 14 (3); 2006, c. 23, s. 16 (9).

  • 41(11) APPLICATION OF MUNICIPAL ACT, 2001 OR CITY OF TORONTO ACT, 2006

    41(11) Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to any requirements made under clauses (7) (a) and (b) and to any requirements made under an agreement entered into under clause (7) (c) or (c.1).  R.S.O. 1990, c. P.13, s. 41 (11); 2002, c. 17, Sched. B, s. 14 (4); 2006, c. 23, s. 16 (10); 2006, c. 32, Sched. C, s. 47 (9).

  • 41(12) APPEAL TO L.P.A.T. RE APPROVAL OF PLANS OR DRAWINGS (*)

    41(12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 30 days after they are submitted to the municipality, the owner may appeal the failure to approve the plans or drawings to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.  2017, c. 23, Sched. 3, s. 13 (1).

    Legislative History

    Bill 139 repealed subsection (12) and replaced it with subsections (12) and (12.0.1).  Subsection (12) read as follows prior to Bill 139: 

    Appeal to O.M.B.

    (12) If the municipality fails to approve the plans or drawings referred to in subsection (4) within 30 days after they are submitted to the municipality or if the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may require the plans or drawings or the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to be referred to the Municipal Board by written notice to the secretary of the Board and to the clerk of the municipality or upper-tier municipality, as appropriate.

    Wood Bull Commentary

    Bill 139 separated site plan appeals into subsections (12) and (12.01) to distinguish between appeals of the failure to approve plans and drawings, and appeals of requirements of site plan approval.  The separation of site plan appeals into two subsections does not appear to result in any substantive change to the rights to appeal or the hearing of an appeal.

    Prior to Bill 139, an owner referred a failure to approve a site plan or any unsatisfactory requirements made by the municipality, including the terms of an agreement, to the Ontario Municipal Board by filing written notice of the referral with the secretary of the Ontario Municipal Board and the clerk of the municipality.

    Bill 139 renamed a referral to an appeal.  The appeal is filed only with the clerk of the municipality together with the filing fee charged under the Local Planning Appeal Tribunal Act, 2017.

  • 41(12.0.1) APPEAL TO L.P.A.T. RE REQUIREMENT UNDER SUBS. (7) or (8) (*)

    41(12.0.1) If the owner of the land is not satisfied with any requirement made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8) or with any part thereof, including the terms of any agreement required, the owner may appeal the unsatisfactory requirements, or parts thereof, including the terms of any agreement required, to the Tribunal by filing with the clerk of the local municipality a notice of appeal accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.  2017, c. 23, Sched. 3, s. 13 (1).

    Legislative History

    See Legislative History for subsection (12) above.

    Wood Bull Commentary

    Bill 139 separated site plan appeals into subsections (12) and (12.0.1) to distinguish between appeals of the failure to approve plans and drawings, and appeals of requirements of site plan approval.  See commentary for subsection (12).

  • 41(12.0.2) RECORD (*)

    41(12.0.2) If the clerk receives a notice of appeal under subsection (12) or (12.0.1), the clerk shall ensure that the following are forwarded to the Tribunal within 15 days after the notice is filed:

    1. The notice of appeal.

    2. The fee.

    3. The plans and drawings submitted for approval under subsection (4).

    4. In the case of an appeal under subsection (12.0.1), documents that set out the requirements made by the municipality under subsection (7) or by the upper-tier municipality under subsection (8), as the case may be.  2017, c. 23, Sched. 3, s. 13 (1).

    Legislative History

    This subsection was introduced by Bill 139.

 


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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