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Sections 70 to 70.8 [Regulations]

Bill 139 introduced section 70.8, which authorizes the Minister to make regulations providing for transitional matters.  O. Reg. 67/18: Transitional Matters, amending  O. Reg. 174/16, was filed on 5 March 2018, and addresses transition matters relating to Bill 139.


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  • 70 GENERAL REGULATIONS, LIEUTENANT GOVERNOR IN COUNCIL

    70. The Lieutenant Governor in Council may make regulations,

    (a) prescribing criteria for the purposes of subsection 45 (1.0.1);

    (b)-(f) REPEALED:  1996, c. 4, s. 36.

    (g) prescribing the form of a warrant and the form in which the information on oath will be taken under section 49.1;

    (h) for the purposes of section 62.0.1, prescribing an undertaking or class of undertakings that relates to energy.  1994, c. 23, s. 44; 1996, c. 4, s. 36; 2006, c. 23, s. 25; 2015, c. 26, s. 34.

  • 70.1(1) GENERAL REGULATIONS, MINISTER

    70.1(1) The Minister may make regulations,

    1. prescribing forms for the purposes of this Act and providing for their use;

    2. prescribing information and material that are to be provided under this Act and the manner in which they are to be provided;

    3. prescribing the manner in which any notice is to be given under this Act, including the persons or public bodies to whom it shall be given, the person or public bodies who shall give the notice and the contents of the notice;

    4. prescribing the timing requirements for any notice given under any provision of this Act;

    5. prescribing information and material that must be included in any record;

    6. prescribing plans or policies and provisions of those plans or policies for the purposes of clause (f) of the definition of “provincial plan” in subsection 1 (1);

    7. prescribing any ministry of the Province of Ontario to be a public body under subsection 1 (3);

    8. excluding any board, commission, agency or official from the definition of “public body” under subsection 1 (4);

    9. prescribing conditions for the purpose of subsection 8.1 (1);

    10. prescribing a term for the purpose of clause 8.1 (3) (a) and qualifications for the purpose of clause 8.1 (3) (b);

    11. prescribing eligibility criteria for the purpose of subsection 8.1 (4);

    12. prescribing classes for the purpose of clause 8.1 (5) (c);

    13. prescribing requirements for the purpose of subsection 8.1 (8);

    14. prescribing the methods for determining the number of members from each municipality to be appointed to a municipal planning authority under subsection 14.1 (5);

    15. prescribing matters for the purpose of clause 16 (1) (c) and for the purpose of clause 16 (2) (c);

    15.1 prescribing municipalities for the purpose of subsection 16 (4);

    15.2 in the case of municipalities prescribed for the purpose of subsection 16 (4),

    i. governing the time within which each municipality must submit an official plan containing policies that authorize inclusionary zoning for approval by the approval authority, and

    ii. governing the time within which each municipality must pass one or more by-laws under section 34 to give effect to those policies;

    15.3 prescribing provisions and matters relating to the policies described in subsection 16 (4), for the purpose of subsection 16 (7);

    15.4 specifying that a by-law passed under section 34 to give effect to policies described in subsection 16 (4) does not apply to development or classes of development specified in the regulation and specifying the circumstances in which the by-law does not apply;

    16. prescribing the processes to be followed and the materials to be developed under section 16.1;

    17. prescribing municipalities for the purposes of subsection 17 (13) and section 69.2;

    18. prescribing information and material for the purposes of clauses 17 (15) (a) and (b), public bodies for the purposes of clause 17 (15) (b) and the manner of making information and material available for the purposes of clause 17 (15) (c);

    19. prescribing, for the purposes of clauses 17 (17) (a) and (b), clause 22 (6.4) (a), clause 34 (10.7) (a), clauses 34 (13) (a) and (b) and clause 51 (19.4) (a),

    i. persons and public bodies,

    ii. the manner of giving notice, and

    iii. information;

    20. prescribing time periods for the purpose of subsections 17 (44.4), 34 (24.4) and 51 (52.4);

    21. prescribing public bodies for the purpose of clause 26 (3) (a);

    22. prescribing upper-tier municipalities for the purpose of subsection 28 (2);

    23. prescribing matters for the purpose of subsection 28 (4.0.1);

    23.1 prescribing provisions and matters relating to loading or parking facilities, for the purpose of subsection 34 (5.1);

    23.2 respecting minimum parking requirements, including setting out minimum parking requirements for specified lands, buildings or structures or providing that there is no minimum parking requirement for specified lands, buildings or structures;

    24. prescribing conditions for the purpose of subsection 34 (16) and limitations for the purpose of subsection 34 (16.1);

    24.0.1 governing the provisions of an agreement described in clause 35.2 (2) (i);

    24.1 prescribing information for the purposes of clause 37 (8) (c);

    24.2 prescribing information for the purposes of clause 42 (18) (c);

    25. prescribing rules of procedure for committees of adjustment;

    26. prescribing criteria for the purposes of subsection 50 (18.1) and subsection 57 (6);

    27. requiring that notice be given under subsections 51 (20) and 53 (5);

    28. prescribing rules of procedure under subsection 53 (9) for councils and their delegates;

    29. prescribing persons or public bodies for the purposes of subsection 53 (10);

    30. prescribing rules of procedure for district land division committees constituted under section 55;

    30.1 for the different types of applications related to development or redevelopment that will include affordable housing units, prescribing a maximum fee that may be charged with respect to each type of application, for the purpose of subsection 69 (2.1);

    31. respecting any other matter that this Act refers to as a matter prescribed, specified or determined under the regulations, or as a matter otherwise dealt with by the regulations, other than matters respecting which the Lieutenant Governor in Council has authority to make regulations under sections 70 and 70.2, subsection 70.2.2 (5) and section 70.3.  2006, c. 23, s. 26; 2015, c. 26, s. 35; 2016, c. 25, Sched. 4, s. 10.

  • 70.1(2) SAME

    70.1(2) A regulation made under this section or section 70 may be general or particular in its application.  1994, c. 23, s. 45.

  • 70.1(3) SAME

    70.1(3) A regulation made under paragraph 30.1 of subsection (1) may provide that a maximum fee for a particular type of application is nil.  2016, c. 25, Sched. 4, s. 10 (7).

  • 70.1(4) CONFLICT

    70.1(4) In the event of a conflict between a regulation made under paragraph 23.2 of subsection (1) and a by-law passed by a municipality under paragraph 6 of subsection 34 (1), or a predecessor thereof, the regulation prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect.  2016, c. 25, Sched. 4, s. 10 (8).

  • 70.2(1) REGULATIONS RE DEVELOPMENT PERMIT SYSTEM

    70.2(1) The Lieutenant Governor in Council may, by regulation,

    (a) establish a development permit system that local municipalities may by by-law adopt to control land use development in the municipality; or

    (b) delegate to local municipalities the power to establish a development permit system upon such conditions as may be set out in the regulation.  1994, c. 23, s. 46.

    Related Regulations
  • 70.2(2) CONTENTS

    70.2(2) A regulation under subsection (1) may,

    (a) vary, supplement or override any provision in Part V or any municipal by-law passed under Part V as necessary to establish a development permit system;

    (b) authorize or require a local municipality to pass a by-law to vary, supplement or override a by-law passed under Part V as necessary to establish a development permit system;

    (c) exempt a municipality which has adopted or established a development permit system from any provision of Part V set out in the regulation;

    (d) prohibit a municipality which has adopted or established a development permit system from passing a by-law under those provisions of Part V that are specified in the regulation;

    (e) set out procedures for appealing to the Tribunal in respect of a development permit or a condition in a permit, including prescribing persons or public bodies that may appeal to the Board in that regard;

    (f) prescribe policies that must be contained in an official plan before a development permit system may be adopted or established;

    (g) prescribe conditions or criteria that must be met before a municipality passes a by-law adopting or establishing a development permit system;

    (h) prescribe conditions or criteria that must be met before a development permit may be issued or that must be included in a development permit;

    (i) prescribe powers that the municipality may exercise in administering a development permit system;

    (j) limit or restrict the manner in which municipalities may exercise the power to issue development permits or pass by-laws adopting or establishing a development permit system;

    (k) establish different standards or procedures for different municipalities or classes of municipalities;

    (l) authorize the municipalities to appoint employees to carry out the duties required under the development permit system and delegate to them the powers necessary to carry out these duties;

    (m) require any owner of land, upon the request of the municipality, to enter into agreements with the municipality as a condition to obtaining a development permit;

    (n) revoke any provision in a development permit by-law or any condition in a development permit in respect of any defined area and set out other provisions or conditions that apply in respect of that area;

    (o) prescribe provisions that must be contained in a development permit system;

    (p) exempt any development or class of development, any municipality or class of municipality or any areas from a development permit area or a development permit by-law;

    (q) provide for transitional matters that may be necessary to implement a development permit system or to cease using a development permit system.  1994, c. 23, s. 46; 2015, c. 26, s. 36 (1).

    Related Regulations
  • 70.2(2.1) SAME, FIVE-YEAR PERIOD

    70.2(2.1) A regulation under subsection (1) may,

    (a) provide that when a by-law adopting or establishing a development permit system is passed, no person or public body shall apply to amend the relevant official plan with respect to policies prescribed under clause (2) (f) before the fifth anniversary of the day the by-law is passed;

    (b) provide that no person or public body shall apply to amend a by-law adopting or establishing a development permit system before the fifth anniversary of the day the by-law is passed;

    (c) provide that a prohibition provided under clause (a) or (b) does not apply in respect of an application if the council has declared by resolution that such an application is permitted.  2015, c. 26, s. 36 (2).

    Related Regulations

    O. Reg. 173/16: COMMUNITY PLANNING PERMITS

    Five-year period

    17. (1) Subject to subsection 18 (1), when a by-law establishing a community planning permit system is passed, no person or public body shall request an amendment to the relevant official plan with respect to policies referred to in section 3 before the fifth anniversary of the day the by-law is passed.

    (2) Subsection (1) does not apply if the request is with respect to policies that apply to an area that is broader than the area to which the by-law applies.

    (3) Subject to subsection 18 (2), no person or public body shall apply to amend a by-law establishing a community planning permit system before the fifth anniversary of the day the by-law is passed.

    (4) If a by-law establishing a community planning permit system is revoked and replaced, this section applies in respect of the replacement by-law.

    (5) Subsections (1) to (4) do not apply in respect of a request or an application if the council has declared by resolution that such a request or application is permitted, which resolution may be made in respect of a specific request or application, a class of requests or applications or in respect of such requests or applications generally

    Five-year period, transition

    18. (1) A request for an amendment to official plan policies referred to in section 3 received before July 1, 2021 shall be continued and disposed of as if section 17 was not in force, unless it is a request to amend policies relating to a community planning permit system that was established by a by-law that was passed on or after July 1, 2016.

    (2) An application for an amendment to a by-law establishing a community planning permit system received before July 1, 2021 shall be continued and disposed of as if section 17 was not in force, unless the by-law was passed on or after July 1, 2016.

  • 70.2(3) SAME

    70.2(3) A regulation under this section may be general or particular in its application and may be restricted to those municipalities set out in the regulation.  1994, c. 23, s. 46.

    Related Regulations
  • 70.2(4) CONFLICTS

    70.2(4) A regulation made under this section prevails over the provisions of any other Act that are specified in the regulation.  1994, c. 23, s. 46.

    Related Regulations
  • 70.2(5) REGISTRATION OF AGREEMENT

    70.2(5) An agreement entered into under clause (2) (m) may be registered against the land to which it applies and the municipality may enforce its provisions against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  1994, c. 23, s. 46; 2006, c. 23, s. 27.

  • 70.2(6) DEEMED CONFORMITY WITH OFFICIAL PLAN

    70.2(6) If a development permit by-law is passed under this section by the council of a municipality in which an official plan is in effect, subsection 24 (4) applies to the by-law in the same manner as if it were a by-law passed under section 34.  1994, c. 23, s. 46.

  • 70.2(7) CONFORMITY WITH UPPER TIER PLANS

    70.2(7) If an approval authority has approved an official plan adopted by an upper-tier municipality, every development permit by-law that is then in effect in the area affected by the plan shall be amended to conform with the plan and subsections 27 (2) to (4) apply, with necessary modifications, to the amendment.  1994, c. 23, s. 46; 2002, c. 17, Sched. B, s. 27.

  • 70.2(8) OFFENCE

    70.2(8) Every person who contravenes a development permit by-law passed under this section or the conditions of a development permit is guilty of an offence and on conviction is liable to the fines set out in section 67 and section 67 applies to the offence.  1994, c. 23, s. 46.

  • 70.2.1(1) USE OF ALTERNATE TERMINOLOGY

    70.2.1(1) A regulation made under subsection 70.2 (1), an order made under section 70.2.2 or a by-law passed under section 70.2 or 70.2.2 may refer to development permits as community planning permits.  2015, c. 26, s. 37.

    Related Regulations
  • 70.2.1(2) SAME

    70.2.1(2) When a regulation, order or by-law refers to development permits as community planning permits, as described in subsection (1),

    (a) the effect of the regulation, order or by-law is the same for all purposes as if the expression “development permit” were used; and

    (b) a permit that is referred to as a community planning permit is a development permit for all purposes.  2015, c. 26, s. 37.

    Related Regulations
  • 70.2.1(3) SAME

    70.2.1(3) Subsections (1) and (2) also apply with respect to combined expressions such as “development permit system” and “development permit by-law”.  2015, c. 26, s. 37.

    Related Regulations
  • 70.2.2(1) ORDERS AND BY-LAWS RE DEVELOPMENT PERMIT SYSTEM ORDERS

    70.2.2(1) The Minister may, by order,

    (a) require a local municipality to adopt or establish a development permit system for one or more purposes specified under subsection (5); or

    (b) require an upper-tier municipality to act under subsection (3).  2015, c. 26, s. 37.

  • 70.2.2(2) NON-APPLICATION OF LEGISLATION ACT, 2006, PART III

    70.2.2(2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1).  2015, c. 26, s. 37.

  • 70.2.2(3) BY-LAWS

    70.2.2(3) An upper-tier municipality may, by by-law, require a local municipality that is its lower-tier municipality to adopt or establish a development permit system for one or more purposes specified under subsection (5).  2015, c. 26, 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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