The Wood Bull Guides

Section 42 [Conveyance of Land for Park Purposes]

Bill 139 did not amend section 42, except replacing the words “the Municipal Board”, and “the Board” with the words “the Tribunal” wherever they appear.


 

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  • 42(0.1) CONVEYANCE OF LAND FOR PARK PURPOSES - DEFINITIONS

    42. (0.1) 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”)

    “effective date” means the day subsection 28 (1) of the Smart Growth for Our Communities Act, 2015 comes into force. (“date d’effet”)  2015, c. 26, s. 28 (1).

  • 42(1) CONVEYANCE

    42(1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes.  R.S.O. 1990, c. P.13, s. 42 (1).

  • 42(2) REPEALED

    42(2) Repealed.  2015, c. 26, s. 28 (2).

  • 42(3) ALTERNATIVE REQUIREMENT

    42(3) Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be specified in the by-law.  R.S.O. 1990, c. P.13, s. 42 (3).

  • 42(4) OFFICIAL PLAN REQUIREMENT

    42(4) The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement.  R.S.O. 1990, c. P.13, s. 42 (4).

  • 42(4.1) PARKS PLAN

    42(4.1) Before adopting the official plan policies described in subsection (4), the local municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality.  2015, c. 26, s. 28 (3).

  • 42(4.2) SAME

    42(4.2) In preparing the parks plan, the municipality,

    (a) shall consult with every school board that has jurisdiction in the municipality; and

    (b) may consult with any other persons or public bodies that the municipality considers appropriate.  2015, c. 26, s. 28 (3).

  • 42(4.3) SAME

    42(4.3) For greater certainty, subsection (4.1) and clause (4.2) (a) do not apply with respect to official plan policies adopted before the effective date.  2015, c. 26, s. 28 (3).

  • 42(5) USE AND SALE OF LAND

    42(5) Land conveyed to a municipality under this section shall be used for park or other public recreational purposes, but may be sold at any time.  R.S.O. 1990, c. P.13, s. 42 (5).

  • 42(6) PAYMENT IN LIEU

    42(6) If a rate authorized by subsection (1) applies, the council may require a payment in lieu, to the value of the land otherwise required to be conveyed.  2015, c. 26, s. 28 (4).

  • 42(6.0.1) SAME

    42(6.0.1) If a rate authorized by subsection (3) applies, the council may require a payment in lieu, calculated by using a rate of one hectare for each 500 dwelling units proposed or such lesser rate as may be specified in the by-law.  2015, c. 26, s. 28 (4).

  • 42(6.0.2) DEEMED AMENDMENT OF BY-LAW

    42(6.0.2) If a by-law passed under this section requires a payment in lieu that exceeds the amount calculated under subsection (6.0.1), in circumstances where the alternative requirement set out in subsection (3) applies, the by-law is deemed to be amended to be consistent with subsection (6.0.1).  2015, c. 26, s. 28 (4).

  • 42(6.0.3) TRANSITION

    42(6.0.3) If, on or before the effective date, in circumstances where the alternative requirement set out in subsection (3) applies, a payment in lieu has been made or arrangements for a payment in lieu that are satisfactory to the council have been made, subsections (6.0.1) and (6.0.2) do not apply.  2015, c. 26, s. 28 (4).

  • 42(6.1) NO BUILDING WITHOUT PAYMENT

    42(6.1) If a payment is required under subsection (6) or (6.0.1), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (5).

  • 42(6.2) REDEVELOPMENT, REDUCTION OF PAYMENT

    42(6.2) If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) or (6.0.1) by the value of that part.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (6).

  • 42(6.3) SAME

    42(6.3) The conditions mentioned in subsection (6.2) are:

    1. The official plan contains policies relating to the reduction of payments required under subsection (6) or (6.0.1).

    2. No land is available to be conveyed for park or other public recreational purposes under this section.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (7).

  • 42(6.4) DETERMINATION OF VALUE

    42(6.4) For the purposes of subsections (6), (6.0.1) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued.  2006, c. 23, s. 17 (1); 2015, c. 26, s. 28 (8).

  • 42(7) WHERE LAND CONVEYED

    42(7) If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment in lieu has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless,

    (a) there is a change in the proposed development or redevelopment which would increase the density of development; or

    (b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes.  1994, c. 23, s. 25; 2015, c. 26, s. 28 (9).

  • 42(8) NON-APPLICATION

    42(8) Despite clauses 74.1 (2) (h) and (i), subsection (7) does not apply to land proposed for development or redevelopment if, before this subsection comes into force, the land was subject to a condition that land be conveyed to a municipality for park or other public purposes or that a payment of money in lieu of such conveyance be made under this section or under section 51 or 53.  1994, c. 23, s. 25.

  • 42(9) CHANGES

    42(9) If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made.  1994, c. 23, s. 25.

 


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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