The Wood Bull Guides

Sections 53 to 57 [Consents]

Bill 139 did not amend sections 53 to 57 regarding consents, except for replacing the words “the Municipal Board” and “the Board” with the words “the Tribunal”, replacing “O.M.B” with “L.P.A.T.”, and replacing the words “the fee prescribed under the Ontario Municipal Board Act” with the words “the fee charged under the Local Planning Appeal Tribunal Act, 2017”, wherever they appear.


 

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  • 53(1) CONSENTS

    53(1) An owner of land or the owner’s agent duly authorized in writing may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.  1994, c. 23, s. 32.

  • 53(2) PRESCRIBED INFORMATION

    53(2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material.  1996, c. 4, s. 29 (1).

    Related Regulations

    O. Reg. 197/96: CONSENT APPLICATIONS, s.2, s.10 and Schedule 1 re the information and material to be provided by an applicant

  • 53(3) OTHER INFORMATION

    53(3) A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 23 (1).

  • 53(4) REFUSAL AND TIMING

    53(4) Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,

    (a) the council or the Minister may refuse to accept or further consider the application for a consent; and

    (b) the time period referred to in subsection (14) does not begin.  2006, c. 23, s. 23 (1).

  • 53(4.1) MOTION RE DISPUTE

    53(4.1) The applicant, the council or the Minister may make a motion for directions to have the Tribunal determine,

    (a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or

    (b) whether a requirement made under subsection (3) is reasonable.  2006, c. 23, s. 23 (1); 2017, c. 23, Sched. 5, s. 100 (1).

    Legislative History

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

  • 53(4.2) FINAL DETERMINATION

    53(4.2) The Tribunal’s determination under subsection (4.1) is not subject to appeal or review.  2006, c. 23, s. 23 (1); 2017, c. 23, Sched. 5, s. 80.

    Legislative History

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

  • 53(4.3) ALTERNATIVE MEASURES

    53(4.3) In the case of an application for consent that is made to a council, if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of applications for consent and if the measures are complied with,

    (a) subsection (5) does not apply; and

    (b) subsections (6) and (7) do not apply with respect to notice of the application.   2015, c. 26, s. 33 (1).

  • 53(4.4) SAME

    53(4.4) Subsection (4.3) also applies in the case of a council or planning board to which the Minister has delegated authority under section 4.  2015, c. 26, s. 33 (1).

  • 53(4.5) SAME

    53(4.5) In the course of preparing the official plan, before including alternative measures described in subsection (4.3), the council shall consider whether it would be desirable for the measures to allow for notice of the application for consent to the prescribed persons and public bodies mentioned in clause (5) (a).  2015, c. 26, s. 33 (1).

  • 53(5) NOTICE

    53(5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that,

    (a) notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed; and

    (b) a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed.  1996, c. 4, s. 29 (1).

    Related Regulations
  • 53(6) REQUEST BY COUNCIL

    53(6) A council may request that a local municipality having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1).

  • 53(7) REQUEST BY MINISTER

    53(7) The Minister may request that a local municipality or planning board having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1).

  • 53(7.1) RESPONSIBILITIES

    53(7.1) A local municipality or planning board that is requested under subsection (6) or (7) to give notice shall ensure that,

    (a) the notice is given in accordance with the regulation made under clause (5) (a); and

    (b) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the notice is given.  1996, c. 4, s. 29 (1).

    Related Regulations
  • 53(7.2) SAME

    53(7.2) A local municipality or planning board that is requested under subsection (6) or (7) to hold a public meeting shall ensure that,

    (a) notice of the meeting is given in accordance with the regulation made under clause (5) (b);

    (b) the public meeting is held; and

    (c) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the meeting is held.  1996, c. 4, s. 29 (1).

  • 53(8) WRITTEN SUBMISSIONS

    53(8) Any person or public body may make written submissions to the council or the Minister before the council or the Minister gives or refuses to give a provisional consent.  1994, c. 23, s. 32.

  • 53(9) PROCEDURE

    53(9) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed.  1994, c. 23, s. 32.

  • 53(10) COUNCIL TO CONFER

    53(10) A council, in determining whether a provisional consent is to be given, shall confer with the persons or public bodies prescribed.  1994, c. 23, s. 32.

  • 53(11) MINISTER MAY CONFER

    53(11) The Minister in determining whether a provisional consent is to be given may confer with the persons or public bodies that the Minister considers may have an interest in the application.  1994, c. 23, s. 32.

  • 53(12) POWERS

    53(12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent.  1994, c. 23, s. 32.

  • 53(13) PARKS

    53(13) If, on the giving of a provisional consent, land is required to be conveyed to a municipality for park or other public recreational purposes and the council of the municipality requires a payment in lieu, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given.  1994, c. 23, s. 32; 2015, c. 26, s. 33 (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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