The Wood Bull Guides

Sections 61 to 62.1 [Exemptions to Planning Act]

Bill 139 did not amend Sections 61 to 62.1.


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  • 62(1) NOT SUBJECT TO ACT

    62(1) An undertaking of Hydro One Inc. (as defined in subsection 2 (1) of the Electricity Act, 1998) or Ontario Power Generation Inc. (as defined in subsection 2 (1) of that Act) that has been approved under the Environmental Assessment Act is not subject to this Act.  1998, c. 15, Sched. E, s. 27 (11); 2002, c. 1, Sched. C, s. 4.

  • 62(2) SUBSIDIARIES INCLUDED

    62(2) For the purposes of subsection (1), a reference to a corporation is deemed to include a subsidiary of that corporation.  1998, c. 15, Sched. E, s. 27 (11).

  • 62.0.1(1) EXEMPT UNDERTAKINGS

    62.0.1(1) An undertaking or class of undertakings within the meaning of the Environmental Assessment Act that relates to energy is not subject to this Act or to section 113 or 114 of the City of Toronto Act, 2006 if,

    (a) it has been approved under Part II or Part II.1 of the Environmental Assessment Act or is the subject of,

    (i) an order under section 3.1 or a declaration under section 3.2 of that Act, or

    (ii) an exempting regulation made under that Act; and

    (b) a regulation under clause 70 (h) prescribing the undertaking or class of undertakings is in effect.  2006, c. 23, s. 24.

    Related Regulations

    O. Reg. 305/10: ENERGY UNDERTAKINGS: EXEMPT UNDERTAKINGS

    York Energy Centre project

    1. (1) The York Energy Centre project is prescribed for the purposes of clause 62.0.1 (1) (b) of the Act as an undertaking that is not subject to the Act if one of the conditions set out in clause 62.0.1 (1) (a) of the Act is also satisfied.

  • 62.0.1(2) SAME

    62.0.1(2) An undertaking referred to in subsection 62 (1) that has been approved under the Environmental Assessment Act is not subject to section 113 or 114 of the City of Toronto Act, 2006.  2006, c. 23, s. 24.

  • 62.0.2(1) RENEWABLE ENERGY UNDERTAKINGS POLICY STATEMENTS AND PROVINCIAL PLANS

    62.0.2(1) Despite any Act or regulation, the following do not apply to a renewable energy undertaking, except in relation to a decision under section 28 or Part VI:

    1. A policy statement issued under subsection 3 (1).

    2. A provincial plan, subject to subsection (2).  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(2) EXCEPTION

    62.0.2(2) Subsection (1) does not apply in respect of,

    (a) the Niagara Escarpment Plan;

    (b) another provincial plan, if the provincial plan is prescribed for the purposes of this subsection; or

    (c) a provision of another provincial plan, if the provision is prescribed for the purposes of this subsection.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(3) OFFICIAL PLANS

    62.0.2(3) For greater certainty, an official plan does not affect a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(4) SAME

    62.0.2(4) Section 24 does not apply to,

    (a) the undertaking of a public work that is a renewable energy undertaking or is intended to facilitate or support a renewable energy undertaking;

    (b) the passing of a by-law with respect to a public work described in clause (a); or

    (c) the passing of a by-law that is intended to facilitate or support a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(5) DEMOLITION CONTROL AREA

    62.0.2(5) A by-law passed under section 33 does not apply to a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(6) BY-LAWS AND ORDERS UNDER PART V

    62.0.2(6) A by-law or order passed or made under Part V does not apply to a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(7) TRANSITION, EXISTING AGREEMENTS

    62.0.2(7) An agreement that is entered into under Part V before the day subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force applies to a renewable energy project, and to any related renewable energy testing facility and renewable energy testing project, until the day a renewable energy approval is issued under section 47.5 of the Environmental Protection Act in relation to the renewable energy project.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(8) DEVELOPMENT PERMIT SYSTEM

    62.0.2(8) A regulation or by-law made or passed under section 70.2 does not apply to a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(9) CITY OF TORONTO ACT, 2006, SS. 113, 114

    62.0.2(9) A by-law passed under section 113 or 114 of the City of Toronto Act, 2006 does not apply to a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.0.2(10) ONTARIO PLANNING AND DEVELOPMENT ACT, 1994, S. 17

    62.0.2(10) An order made under section 17 of the Ontario Planning and Development Act, 1994 does not apply to a renewable energy undertaking.  2009, c. 12, Sched. K, s. 3.

  • 62.1 VARIATION OF NOTICE REQUIREMENTS

    62.1 The Minister, the council of a municipality or a planning board may by agreement with a First Nation vary or waive the prescribed notice requirements to a band in respect of an official plan, a zoning by-law or any application under this Act.  1994, c. 23, s. 37.

 


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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