The Wood Bull Guides

Sections 51 to 52 [Plan of Subdivision]

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

Bill 139 did not make substantive changes to the Planning Act provisions regarding plans of subdivision, apart from subsection 51(52.4) relating to the admission of new information into evidence at a Tribunal hearing.

However, subsection 38(2) and sections 39, 41 and 42 of the Local Planning Appeal Tribunal Act, 2017, introduced through Bill 139, significantly affect the practices and procedures that apply to an appeal  to the Tribunal under subsection 51(34) of the Planning Act.  Subsection 51(34) provides for an appeal to the Tribunal where the approval authority fails to make a decision within 180 days.  The following apply to such an appeal:

  • a case management conference is mandatory and shall include discussion of opportunities for settlement (s.39 of the Local Planning Appeal Tribunal Act, 2017).

  • persons other than the appellant or approval authority may be permitted to participate in an appeal on the basis of written submissions made in accordance with timing provided in the Tribunal's rules (s.41 of the Local Planning Appeal Tribunal Act, 2017).

  • if the Tribunal holds an oral hearing, the only persons who may participate in the hearing are the parties and persons identified by the Tribunal under section 41, and they are restricted to making oral submissions and may not adduce evidence or call or examine witnesses (s.42 of the Local Planning Appeal Tribunal Act, 2017).


 

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

  • 51(1), (2) PLAN OF SUBDIVISION APPROVALS

    51(1), (2) Repealed: 2002, c. 17, Sched. B, s. 19 (1).

  • 51(3) MINISTER IS APPROVAL AUTHORITY

    51(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1. 1999, c. 12, Sched. M, s. 28 (1).

  • 51(3.1) DEEMED APPROVAL AUTHORITY

    51(3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1.  2009, c. 33, Sched. 21, s. 10 (12).

    Related Regulations

    A number of regulations regarding delegation of authority are available on the Ontario e-laws website for the Planning Act in the tab labelled "Regulations under this Act".

  • 51(4) SINGLE-TIER MUNICIPALITY

    51(4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed.  2002, c. 17, Sched. B, s. 19 (2).

  • 51(5) UPPER-TIER MUNICIPALITY

    51(5) Subject to subsection (6), if land is in an upper-tier municipality with an approved official plan, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

  • 51(5.1) TIMING, UPPER-TIER AS APPROVAL AUTHORITY

    51(5.1) On the day that all or part of a plan that covers all of an upper-tier municipality comes into effect as the official plan of the municipality, the upper-tier municipality is the approval authority under subsection (5).  2002, c. 17, Sched. B, s. 19 (3).

  • 51(6) PRESCRIBED LOWER-TIER MUNICIPALITY

    51(6) If land is in a prescribed lower-tier municipality, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

    Related Regulations

    O. Reg. 353/02: APPROVAL AUTHORITY - PLANS OF SUBDIVISION, s.2 and Schedule 2 re prescribed lower-tier municipalities.

  • 51(7) PRESCRIBED SINGLE-TIER MUNICIPALITY IN A TERRITORIAL DISTRICT

    51(7) If land is in a prescribed single-tier municipality that is in a territorial district, the municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

    Related Regulations

    O. Reg. 353/02: APPROVAL AUTHORITY - PLANS OF SUBDIVISION, s.3 and Schedule 3 re prescribed single-tier municipalities.

  • 51(8)-(10) REPEALED

    51(8)-(10) Repealed: 2002, c. 17, Sched. B, s. 19 (4).

  • 51(11) REMOVAL OF POWER

    51(11) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (3.1), (4), (5), (6) or (7) and the order may be in respect of the applications specified in the order or in respect of any or all applications made after the order is made.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (2); 2002, c. 17, Sched. B, s. 19 (5); 2009, c. 33, Sched. 21, s. 10 (13).

  • 51(12) MINISTER TO BE APPROVAL AUTHORITY

    51(12) If an order is made under subsection (11), the Minister becomes the approval authority in respect of the applications to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the council before the power was removed.  1994, c. 23, s. 30.

  • 51(13) REVOCATION

    51(13) If the Minister revokes the order or part of the order made under subsection (11), the council reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies.  1994, c. 23, s. 30.

  • 51(14) DELEGATION

    51(14) If an order is made under subsection (11) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power to approve proposed plans of subdivision which was removed from the council and the municipal planning authority becomes the approval authority in respect of the applications to which the order made under this subsection relates and the delegation may be subject to such conditions as the order provides.  1994, c. 23, s. 30.

  • 51(15) EFFECT OF REVOCATION

    51(15) If the Minister revokes the order or part of the order made under subsection (14), the Minister reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.  1994, c. 23, s. 30.

  • 51(16) APPLICATION

    51(16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it.  1994, c. 23, s. 30.

  • 51(16.1) CONSULTATION

    51(16.1) The approval authority,

    (a) shall permit applicants to consult with it before submitting applications under subsection (16); and

    (b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).  2006, c. 23, s. 22 (1).

  • 51(17) CONTENTS

    51(17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing,

    (a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor;

    (b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts;

    (c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part;

    (d) the purpose for which the proposed lots are to be used;

    (e) the existing uses of all adjoining lands;

    (f) the approximate dimensions and layout of the proposed lots;

    (f.1) if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units;

    (g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided;

    (h) the availability and nature of domestic water supplies;

    (i) the nature and porosity of the soil;

    (j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided;

    (k) the municipal services available or to be available to the land proposed to be subdivided; and

    (l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (3); 2016, c. 25, Sched. 4, s. 8 (1).

    Related Regulations

    O. Reg. 544/06: PLANS OF SUBDIVISION, s.2 re Information and material to be provided by applicant

  • 51(18) OTHER INFORMATION

    51(18) An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 22 (2).

  • 51(19) REFUSAL AND TIMING

    51(19) Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,

    (a) the approval authority may refuse to accept or further consider the application; and

    (b) the time period referred to in subsection (34) does not begin.  2006, c. 23, s. 22 (2).

  • 51(19.1) RESPONSE RE COMPLETENESS OF APPLICATION

    51(19.1) Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 22 (2).

 


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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