The Wood Bull Guides

Section 47 [Power of Minister re Zoning and Subdivision Control]

Subsections amended and added by Bill 139 are marked below with (*).

Bill 139 made changes to the process for amending or revoking Minister’s orders regarding zoning and subdivision control:

  • Discretionary referral to Tribunal: Bill 139 removed the mandatory referral, on the request of a public person or body, of Minister's orders to the Ontario Municipal Board (Tribunal).  Post-Bill 139, the Minister may refer the matter to the Tribunal for a hearing and the Minister’s decision to do so is discretionary.
  • Tribunal recommendations to the Minister: Pre-Bill 139, at the conclusion of the hearing, the Ontario Municipal Board made a decision and the Minister was required to give effect to the decision of the Ontario Municipal Board (with a limited exception).  Post-Bill 139, at the conclusion of the hearing, the Tribunal provides the Minister with a written recommendation.  After consideration of any submissions received on the application and the Tribunal’s recommendations, the Minister makes a decision.

 

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

  • 47(1) POWER OF MINISTER RE ZONING AND SUBDIVISION CONTROL

    47(1) The Minister may by order,

    (a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and

    (b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4).   R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1).

    Related Regulations

    A number of regulations identifying Zoning Areas and Zoning Orders are available on the Ontario e-laws website for the Planning Act in the tab labelled "Regulations under this Act".

  • 47(2) POWER OF MINISTER TO ALLOW MINOR VARIANCES

    47(2) Where an order has been made under clause (1) (a), the Minister, in respect of the lands affected by the order, has all the powers in respect of such order as a committee of adjustment has under subsections 45 (1) and (2) in respect of a by-law passed under section 34, but subsections 45 (4) to (8) and (10) to (20) do not apply to the exercise by the Minister of such powers.  R.S.O. 1990, c. P.13, s. 47 (2).

  • 47(3) ORDER PREVAILS OVER BY-LAW IN EVENT OF CONFLICT

    47(3) In the event of a conflict between an order made under clause (1) (a) and a by-law that is in effect under section 34 or 38, or a predecessor thereof, the order prevails to the extent of such conflict, but in all other respects the by-law remains in full force and effect.  R.S.O. 1990, c. P.13, s. 47 (3).

  • 47(4) DEEMED BY-LAW OF MUNICIPALITY

    47(4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate.  2001, c. 9, Sched. J, s. 2 (1).

  • 47(5) NOTICE (*)

    47(5) No notice or hearing is required prior to the making of an order under subsection (1) but the Minister shall give notice of any such order within thirty days of the making thereof in such manner as the Minister considers proper.  R.S.O. 1990, c. P.13, s. 47 (5); 2017, c. 23, Sched. 3, s. 15 (1).

    Legislative History

    Bill 139 amended this subsection by deleting "and shall set out in the notice the provisions of subsections (8), (9) and (10)" from the end of the subsection. 

    Wood Bull Commentary

    Post-Bill 139, a notice of a Minister’s order regarding zoning or subdivision control no longer needs to include the provisions of pre-Bill 139 subsections 47(8), (9) and (10), relating to the process for amending or revoking an order. 

  • 47(6) IDEM

    47(6) The Minister shall cause a duplicate or certified copy of an order made under clause (1) (a),

    (a) where the land affected is situate in a local municipality, to be lodged in the office of the clerk of the municipality, or where the land affected is situate in two or more local municipalities, in the office of the clerk of each of such municipalities; and

    (b) where the land affected is situate in territory without municipal organization, to be lodged in the proper land registry office, where it shall be made available to the public as a production.   R.S.O. 1990, c. P.13, s. 47 (6); 2002, c. 17, Sched. B, s. 17.

  • 47(7) REGISTRATION

    47(7) The Minister shall cause a certified copy or duplicate of an order made under clause (1) (b) to be registered in the proper land registry office.  R.S.O. 1990, c. P.13, s. 47 (7).

  • 47(8) REVOCATION OR AMENDMENT (*)

    47(8) An amendment to any order made under subsection (1), or the revocation in whole or in part of such an order, may be initiated by the Minister or on request to the Minister by any person or public body.  R.S.O. 1990, c. P.13, s. 47 (8); 1994, c. 23, s. 27 (2); 2017, c. 23, Sched. 3, s. 15 (2).

    Legislative History

    Bill 139 re-worded this subsection from "The Minister may, on his or her own initiative or at the request of any person or public body, by order, amend or revoke in whole or in part any order made under subsection (1)." 

    Wood Bull Commentary

    The re-wording of this subsection by Bill 139 is not a substantive change.

  • 47(8.0.1) CONSOLIDATED HEARINGS ACT (*)

    47(8.0.1) Despite the Consolidated Hearings Act, the proponent of an undertaking shall not give notice to the Hearings Registrar under subsection 3 (1) of that Act in respect of a request under subsection (8) unless the Minister has referred the request to the Tribunal under subsection (10).  2017, c. 23, Sched. 3, s. 15 (2).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Statutes Wood Bull Commentary

    There is a requirement in the Consolidated Hearing Act for a proponent of an enterprise or activity, or a proposal, plan or program in respect of an enterprise or activity to give written notice to the Secretary of the Environmental Review Tribunal.  This provision clarifies that the proponent of such an undertaking shall not give notice to the Environmental Review Tribunal in respect of a request to amend or revoke, in whole or in part, a Minister’s Order made under subsection 47(1) of the Planning Act unless the Minister has referred the matter to the Local Planning Appeal Tribunal.

  • 47(8.1) INFORMATION

    47(8.1) A request under subsection (8) shall include the prescribed information and material and such other information or material as the Minister may require.  1993, c. 26, s. 57 (2).

    Related Regulations
  • 47(8.2) REFUSAL TO CONSIDER

    47(8.2) The Minister may refuse to accept or further consider a request under subsection (8) until the prescribed information and material and the required fee are received.  1994, c. 23, s. 27 (3).

  • 47(9) ACTION BY MINISTER (*)

    47(9) If the Minister initiates an amendment or revocation of an order made under subsection (1) or receives a request to amend or revoke the order, the Minister shall give notice or cause to be given notice of the proposed amendment or revocation in such manner as the Minister considers proper and shall allow such period of time as he or she considers appropriate for the submission of representations in respect of the proposed amendment or revocation.  2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed and replaced this subsection, which read: 

    Notice

    (9) Except as provided in subsection (10), the Minister before amending or revoking in whole or in part an order made under subsection (1) shall give notice or cause to be given notice thereof in such manner as the Minister considers proper and shall allow such period of time as he or she considers appropriate for the submission of representations in respect thereof.

    Wood Bull Commentary

    Prior to Bill 139, where the Minister requested the Ontario Municipal Board hold a hearing on the application, the Minister was not required to receive representations (see Legislative History for s.47(10)).  The requirement for the Minister to receive representations on the proposed amendment or revocation is now mandatory, regardless of whether or not the Minister refers a request to the Tribunal.

  • 47(10) REFERRAL OF REQUEST UNDER SUBS. (8) (*)

    47(10) The Minister may refer a request made under subsection (8) to the Tribunal.  2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed and replaced this subsection, which read: 

    Hearing by O.M.B.

    (10) Where an application is made to the Minister to amend or revoke in whole or in part any order made under subsection (1), the Minister may, and on the request of any person or public body shall, request the Municipal Board to hold a hearing on the application and thereupon the Board shall hold a hearing as to whether the order should be amended or revoked in whole or in part.

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.17:

    Referral of request to amend order under s. 47 of the Act

    17. A request under subsection 47 (10) of the Act, as it read on April 2, 2018, for the Tribunal to hold a hearing on a request to amend or revoke an order under section 47 of the Act shall be continued and disposed of in accordance with section 47 of the Act as it read on that date if the request for the Tribunal to hold the hearing is made before April 3, 2018. O. Reg. 67/18, s. 4.

    Wood Bull Commentary

    Prior to Bill 139, if a request for an Ontario Municipal Board hearing was made before 3 April 2018, the Minister was required to request the Ontario Municipal Board to hold a hearing on the application.  There were only limited circumstances where the Minister could refuse to refer the matter to the Ontario Municipal Board (see Legislative History in s.41(11)).  Post-Bill 139, the Minister may refer the matter to the Local Planning Appeal Tribunal for a hearing and the Minister’s decision to do so is discretionary.

  • 47(10.1) REPEALED (*)

    47(10.1) Repealed: 2017, c. 23, Sched. 3, s. 15 (3). 

    Legislative History

    Bill 139 repealed the following:

    Reasons

    (10.1) A request for a hearing must set out the reasons for the request and be accompanied by the fee prescribed under the Ontario Municipal Board Act.  

  • 47(11) HEARING BY TRIBUNAL (*)

    47(11) If the Minister refers the request to the Tribunal, the Tribunal shall conduct a hearing.  2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed and replaced this subsection, which read:

    Refusal to refer

    (11) The Minister may refuse to refer a request under subsection (10) to the Municipal Board if,

    (a) the Minister is of the opinion that,

    (i) the reasons set out in the request do not disclose any apparent land use planning ground upon which the Municipal Board could amend or revoke or refuse to revoke all or part of the order,

    (ii) the request is not made in good faith or is frivolous or vexatious, or

    (iii) the request is made only for the purpose of delay;

    (b) the person or public body requesting the hearing has not provided written reasons for the request.

    Wood Bull Commentary

    This provision requires the Local Planning Appeal Tribunal to hold a hearing if the Minister refers a request to the Tribunal.  

    Prior to Bill 139, there were specific circumstances (see Legislative History above) where the Minister could refuse to refer the matter to the Ontario Municipal Board.  These reasons for refusal have been repealed by Bill 139.  Post-Bill 139, the referral of a request to the Tribunal is at the discretion of the Minister.   

    Prior to Bill 139 there were a number of grounds upon which the Ontario Municipal Board could dismiss a request to hold a hearing without holding a hearing (see Legislative History for s.47(12.1)).  These grounds for dismissal without a hearing have been repealed by Bill 139.  

  • 47(12) NOTICE OF HEARING (*)

    47(12) Notice of the hearing shall be given in such manner and to such persons as the Tribunal may determine.  R.S.O. 1990, c. P.13, s. 47 (12); 2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed and replaced this subsection, which read:

    (12) Where the Minister has requested the Municipal Board to hold a hearing as provided for in subsection (10), notice of the hearing shall be given in such manner and to such persons as the Board may direct, and the Board shall hear any submissions that any person may desire to bring to the attention of the Board.

    Wood Bull Commentary

    Prior to Bill 139, this subsection required the Ontario Municipal Board to hear any submission that any person may desire to bring to the attention of the Ontario Municipal Board.

    The Local Planning Appeal Tribunal Act is silent regarding submissions under section 47 of the Planning Act

  • 47(12.1) - (12.3) REPEALED (*)

    47(12.1) - (12.3) Repealed:  2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed the following:

    Dismissal without hearing

    (12.1) Despite the Statutory Powers Procedure Act and subsection (10), the Municipal Board may dismiss a request to hold a hearing without holding a hearing, on its own initiative or on the motion of any party, if,

    (a) it is of the opinion that,

    (i) the reasons set out in the request do not disclose any apparent land use planning ground upon which the Board could amend or revoke or refuse to amend or revoke all or part of the order,

    (ii) the request is not made in good faith or is frivolous or vexatious,

    (iii) the request is made only for the purpose of delay, or

    (iv) the person or public body requesting the hearing has persistently and without reasonable grounds commenced before the Board proceedings that constitute an abuse of process;

    (b) the person or public body requesting the hearing has not provided written reasons for the request;

    (c) the person or public body requesting the hearing has not paid the fee prescribed under the Ontario Municipal Board Act; or

    (d) the person or public body requesting the hearing has not responded to a request by the Municipal Board for further information within the time specified by the Board.

    Representation 

    (12.2) Before dismissing a request to hold a hearing, the Municipal Board shall notify the person or public body requesting the hearing and give the person or public body the opportunity to make representation on the proposed dismissal but this subsection does not apply if the person or public body has not complied with a request made under clause (12.1) (d).

    Dismissal

    (12.3) The Municipal Board may dismiss a request after holding a hearing or without holding a hearing on the motion under subsection (12.1), as it considers appropriate.

    Wood Bull Commentary

    See Commentary in subsections 47(10) and (11).

  • 47(13) RECOMMENDATION (*)

    47(13) At the conclusion of the hearing, the Tribunal shall make a written recommendation to the Minister stating whether the Minister should approve the requested amendment or revocation, in whole or in part, make modifications and approve the requested amendment or revocation as modified or refuse the requested amendment or revocation, in whole or in part, and giving reasons for the recommendation.  2017, c. 23, Sched. 3, s. 15 (3)

    Legislative History

    Bill 139 repealed and replaced this subsection, which read:

    Decision of O.M.B.

    (13) The Municipal Board after the conclusion of the hearing shall make a decision to either amend or revoke the order in whole or in part or refuse to amend or revoke the order in whole or in part and the Minister shall give effect to the decision of the Board.

    Wood Bull Commentary

    Prior to Bill 139, at the conclusion of the hearing, the Ontario Municipal Board made a decision to either amend or revoke the order or refuse to amend or revoke the order, and the Minister was required to give effect to the decision of the Ontario Municipal Board.  The exception to this was if the Minister notified the Ontario Municipal Board that a matter of provincial interest is, or is likely to be, adversely affected.  In such instance, the decision of the Ontario Municipal Board was not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision.  See Legislative History for repealed subsections 47(13.1) - (13.5). 

    Post-Bill 139, the Tribunal provides a written recommendation to the Minister at the conclusion of the hearing, following which, as set out in subsection 47(15), the Minister makes the decision to amend or revoke the order.

  • 47(13.1) - (13.5) REPEALED (*)

    47(13.1) - (13.5) Repealed:  2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 repealed the following:

    Minister’s notice re matters of provincial interest

    (13.1) If the Municipal Board has been requested to hold a hearing as provided for in subsection (10) and the Minister is of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the requested amendment or revocation, the Minister may so notify the Board in writing, not later than 30 days before the day fixed by the Board for the hearing.  

    Same

    (13.2) The Minister’s notice shall identify,

    (a) the provisions of the order by whose amendment or revocation 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.  

    Same

    (13.3) The Minister is not required to give notice or to hold a hearing before giving notice under subsection (13.1).  

    Effect of notice

    (13.4) If the Municipal Board receives notice from the Minister under subsection (13.1), the decision of the Board is not final and binding with respect to the amendment or revocation of provisions identified in the notice, until the Lieutenant Governor in Council confirms the decision in that respect.  

    Power of Lieutenant Governor in Council 

    (13.5) The Lieutenant Governor in Council may confirm, vary or rescind the Municipal Board’s decision with respect to the amendment or revocation of provisions identified in the notice, and may direct the Minister to amend or revoke the order, in whole or in part.  

    Wood Bull Commentary

    See Commentary in subsection 47(13).

  • 47(14) NOTICE OF RECOMMENDATION (*)

    47(14) A copy of the recommendation of the Tribunal shall be sent to each person who appeared at the hearing and made representations and to any person who in writing requests a copy of the recommendation.  R.S.O. 1990, c. P.13, s. 47 (14); 2017, c. 23, Sched. 3, s. 15 (3).

    Legislative History

    Bill 139 amended this subsection by replacing the words "decision of the Municipal Board" with the words "the recommendation of the Tribunal".

    Wood Bull Commentary

    This amendment reflects the change that the Local Planning Appeal Body makes a recommendation and not a decision.  Who gets notice remains the same.

 


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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