The Wood Bull Guides

Sections 67 to 69.2 [Penalty, Fees]

Bill 139 did not amend sections 67 to 69.2, except to replace the words “the Municipal Board” and “the Board” with the words “the Tribunal”, and replace “O.M.B” with “L.P.A.T.”, wherever they appear.


 

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

  • 67(1) PENALTY

    67(1) Every person who contravenes section 41, section 46, subsection 49 (4) or section 52 or who contravenes a by-law passed under section 34 or 38 or an order made under section 47 and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable,

    (a) on a first conviction to a fine of not more than $25,000; and

    (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.  1994, c. 2, s. 48.

  • 67(2) CORPORATION

    67(2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is,

    (a) on a first conviction a fine of not more than $50,000; and

    (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted, and not as provided in subsection (1).  R.S.O. 1990, c. P.13, s. 67 (2).

  • 67(3) ORDER OF PROHIBITION

    67(3) Where a conviction is entered under subsection (1), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.  R.S.O. 1990, c. P.13, s. 67 (3).

  • 67.1 PROCEEDS OF FINES

    67.1 If an offence has been committed under section 41, 52 or 67 or under a by-law passed under section 34 or 38, and a proceeding in respect of the offence is undertaken by the municipality or planning board and a conviction has been entered, the proceeds of any fine in relation to the offence shall be paid to the treasurer of the municipality or secretary-treasurer of the planning board and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply in respect of the fine.  1996, c. 4, s. 34; 1997, c. 24, s. 226 (8).
  • 68(1) EXCEPTION

    68(1) Despite section 53 of the Assessment Act, it is not an offence to disclose the information referred to therein to any employee of a municipality or of a planning board who declares that such information is required in the course of his or her planning duties.  R.S.O. 1990, c. P.13, s. 68 (1); 1994, c. 23, s. 41 (1).
  • 68(2) OFFENCE

    68(2) An employee of a municipality or of a planning board who wilfully discloses or permits to be disclosed the information referred to in subsection (1) to any other person not likewise entitled in the course of his or her duties to acquire or have access to the information is guilty of an offence and on conviction is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.13, s. 68 (2); 1994, c. 23, s. 41 (2).

  • 68(3) EXCEPTION

    68(3) This section does not prevent disclosure of such information by any person when being examined as a witness in an action or other proceeding in a court or in an arbitration.  R.S.O. 1990, c. P.13, s. 68 (3).

  • 69(1) TARIFF OF FEES

    69(1) The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff.  R.S.O. 1990, c. P.13, s. 69 (1); 1996, c. 4, s. 35 (1).

  • 69(2) REDUCTION OR WAIVER OF FEES

    69(2) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee in processing an application may reduce the amount of or waive the requirement for the payment of a fee in respect of the application where the council, planning board or committee is satisfied that it would be unreasonable to require payment in accordance with the tariff.  R.S.O. 1990, c. P.13, s. 69 (2); 1996, c. 4, s. 35 (2).

  • 69(2.1) SAME

    Note: On a day to be named by proclamation of the Lieutenant Governor, section 69 of the Act is amended by adding the following subsection: (See: 2016, c. 25, Sched. 4, s. 9)

    69(2.1) Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee, in processing an application related to development or redevelopment that will include affordable housing units, shall not require the payment of a fee that is greater than the maximum fee prescribed for the type of application being made.  2016, c. 25, Sched. 4, s. 9

  • 69(3) PAYMENT UNDER PROTEST: APPEAL TO L.P.A.T.

    69(3) Any person who is required to pay a fee under subsection (1) for the processing of an application in respect of a planning matter may pay the amount of the fee under protest and thereafter appeal to the Tribunal against the levying of the fee or the amount of the fee by giving written notice of appeal to the Tribunal within thirty days of payment of the fee.  R.S.O. 1990, c. P.13, s. 69 (3); 1996, c. 4, s. 35 (3); 2017, c. 23, Sched. 5, s. 101.

    Legislative History

    Bill 139 amends this subsection by replacing the words “the Municipal Board” with the words “the Tribunal” and replacing “O.M.B.” in the title with “L.P.A.T” .  This amendment will come into force on a day to be named by proclamation of the Lieutenant Governor.

  • 69(4) HEARING

    69(4) The Tribunal shall hear an appeal made under subsection (3) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Tribunal determines.  R.S.O. 1990, c. P.13, s. 69 (4); 2017, c. 23, Sched. 5, s. 101.

    Legislative History

    Bill 139 amends this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”.  This amendment will come into force on a day to be named by proclamation of the Lieutenant Governor.

  • 69.1(1) FEES

    69.1(1) The Minister may charge fees for the processing of applications to the Minister in respect of planning matters including the approval of an official plan or official plan amendment.  1993, c. 26, s. 64 ; 1994, c. 23, s. 42.
  • 69.1(2) SAME

    69.1(2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1).  1993, c. 26, s. 64.

  • 69.2(1) FEES

    69.2(1) If a prescribed municipality fails to adopt a plan and submit it for approval as an official plan, the Minister may charge fees to the municipality for the processing of planning applications by the Minister in respect of land situate in the municipality, including the approval of an official plan or official plan amendment.  1994, c. 23, s. 43; 2002, c. 17, Sched. B, s. 25.

  • 69.2(2) REDUCTION

    69.2(2) The Minister may reduce the amount of or waive the payment of a fee described under subsection (1). 1994, c. 23, s. 43.

  • 69.2(3) PROVISO

    69.2(3) Nothing in this section prevents the Minister from charging a fee under section 69.1 in addition to a fee under this section.  1994, c. 23, s. 43.

 


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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