The Wood Bull Guides

Sections 74 to 76 [Transition]

Bill 139 did not amend Sections 74 to 76, except to replace the words “the Municipal Board” with the words “the Tribunal”.


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

  • 74(1) TRANSITION

    74(1) In this section,
    “former Act” means The Planning Act, being chapter 379 of the Revised Statutes of Ontario, 1980. 
     R.S.O. 1990, c. P.13, s. 74 (1).
  • 74(2) MATTERS, ETC., CONTINUED

    74(2) Despite the repeal of the former Act by section 73 of the Planning Act, 1983, being chapter 1, any matter or proceeding mentioned in subsection (3) that was commenced under the former Act before the 1st day of August, 1983, shall be continued and finally disposed of under the former Act.  R.S.O. 1990, c. P.13, s. 74 (2).

  • 74(3) WHEN MATTERS, ETC., DEEMED COMMENCED

    74(3) For the purposes of subsection (2), a matter or proceeding shall be deemed to have been commenced, in the case of,

    (a) an official plan or an amendment thereto or a repeal thereof, on the day the by-law adopting the plan or adopting or proposing the amendment or repeal of the plan is passed;

    (b) redevelopment under section 22 of the former Act, on the day the by-law designating the redevelopment area is passed;

    (c) subdivision of land under section 36 of the former Act, on the day the application is made under subsection (1) of that section;

    (d) a zoning by-law or an amendment thereto, on the day the by-law is passed;

    (e) development in a site plan control area, on the day the application is made under subsection 40 (4) of the former Act;

    (f) an application made to a committee of adjustment, a land division committee or planning board for a planning area in a territorial district, on the day the application is made; and

    (g) an application to the Minister for a consent under section 29 of the former Act, on the day the application is made.  R.S.O. 1990, c. P.13, s. 74 (3).

  • 74(4) REQUEST TO AMEND OFFICIAL PLAN

    74(4) Despite clause (3) (a), where a request to initiate an amendment to an official plan was received by a council before the 1st day of August, 1983,

    (a) if the council refuses to propose the amendment or fails to propose it within thirty days from the receipt of the request and the person who made the request requests the Minister to refer the proposal to the Tribunal, the matter shall be continued and finally disposed of under the former Act; or

    (b) if the council accedes to the request, the matter shall be continued and finally disposed of under either the former Act or under this Act as determined by the council.  R.S.O. 1990, c. P.13, s. 74 (4); 2009, c. 33, Sched. 2, s. 59 (2); 2017, c. 23, Sched. 5, s. 103 (1).

    Legislative History

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

  • 74(5) REPORT OF PLANNING BOARD

    74(5) In the case of a request to initiate an amendment to an official plan that is continued and finally disposed of under the former Act as mentioned in subsection (4), section 17 of the former Act pertaining to the obtaining of a planning board report do not apply.  R.S.O. 1990, c. P.13, s. 74 (5).

  • 74(6) REQUEST TO AMEND ZONING BY-LAW

    74(6) Despite clause (3) (d), where an application to amend a zoning by-law was received by a council before the 1st day of August, 1983,

    (a) if the council refuses the application or refuses or neglects to make a decision thereon within one month after the receipt of the application and the applicant appeals to the Tribunal, the matter shall be continued and finally disposed of under the former Act;

    (b) if the council accedes to the request, the matter shall be continued and finally disposed of under either the former Act or under this Act as determined by the council.  R.S.O. 1990, c. P.13, s. 74 (6); 2009, c. 33, Sched. 2, s. 59 (3); 2017, c. 23, Sched. 5, s. 103 (2).

    Legislative History

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

  • 74.1(1) TRANSITION

    74.1(1) Any matter or proceeding mentioned in subsection (2) that was commenced before March 28, 1995 shall be continued and finally disposed of under this Act as it read on March 27, 1995.  1996, c. 4, s. 40 (1).

  • 74.1(2) SAME

    74.1(2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced, in the case of,

    (a) an official plan or an amendment to it or a repeal of it, on the day the by-law adopting the plan or adopting the amendment or repeal of the plan is passed;

    (b) a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;

    (c) a zoning by-law or an amendment to it, on the day the by-law is passed;

    (d) an application for an amendment to a zoning by-law that has been refused or has not been decided before the day this section comes into force, on the day the application is made;

    (e) development in a site plan control area, on the day the application under subsection 41 (4) is made;

    (f) an application for a minor variance under section 45, on the day the application is made;

    (g) an application to amend or revoke an order under section 47, on the day the application is made;

    (h) an application for the approval of a plan of subdivision under section 51, on the day the application is made; and

    (i) an application for a consent under section 53, on the day the application is made.  1994, c. 23, s. 50; 1996, c. 4, s. 40 (2).

  • 75(1) TRANSITION

    75(1) Any matter or proceeding that was commenced on or after March 28, 1995 but before this section came into force shall be continued and finally disposed of under this Act as it read on the day before this section came into force.  1996, c. 4, s. 41.

  • 75(2) DETERMINATION OF DATE

    75(2) For the purposes of subsection (1), a matter or proceeding shall be deemed to have been commenced on the day determined under subsection 74.1 (2).  1996, c. 4, s. 41.

  • 75(3) EXCEPTION

    75(3) Despite subsection (1), in exercising any authority in respect of a matter or proceeding referred to in subsection (5), the council of a municipality, a local board, a planning board, the Minister and the Tribunal, shall have regard to the policy statements issued under subsection 3 (1) if,

    (a) the matter or proceeding was commenced on or after March 28, 1995; and

    (b) no decision has been made in respect of the matter or proceeding.  1996, c. 4, s. 41; 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”.

  • 75(4) EXCEPTION, COMMENTS, ETC.

    75(4) Despite subsection (1), in providing any comments, submissions or advice with respect to any matter or proceeding referred to in subsection (5), a minister or a ministry, board, commission or agency of the government shall have regard to the policy statements issued under subsection 3 (1), if,

    (a) the matter or proceeding was commenced on or after March 28, 1995; and

    (b) no decision has been made in respect of the matter or proceeding.  1996, c. 4, s. 41.

  • 75(5) DEEMED COMMENCEMENT

    75(5) For the purposes of clauses (3) (a) and (4) (a), a matter or proceeding shall be deemed to have been commenced,

    (a) in the case of a request for an official plan amendment by any person or public body, on the day the request was received, whether or not the official plan amendment is adopted;

    (b) in the case of an application for an amendment to a zoning by-law under section 34 that has been refused or has not been decided before the day this section comes into force, on the day the application is made;

    (c) in the case of an application for a minor variance under section 45, on the day the application is made;

    (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day the application is made; and

    (e) in the case of an application for a consent under section 53, on the day the application is made.  1996, c. 4, s. 41.

  • 75(6) DETERMINATION OF DATE OF DECISION

    75(6) For the purposes of clauses (3) (b) and (4) (b), a decision shall be deemed to have been made,

    (a) in the case of a request for an amendment to an official plan by any person or public body, on the day that,

    (i) the council or planning board adopts all or part of the amendment,

    (ii) the council or planning board refuses to adopt all or part of the amendment, or

    (iii) the approval authority proposes to approve, modifies and approves or refuses to approve all or part of the amendment;

    (b) in the case of an application for an amendment to a zoning by-law under section 34, on the day that,

    (i) the council passes the amending by-law, or

    (ii) the council refuses the application to amend the by-law;

    (c) in the case of an application for a minor variance under section 45, on the day a decision is made by the committee of adjustment;

    (d) in the case of an application for the approval of a plan of subdivision under section 51, on the day that the approval authority decides to give or refuses to give approval to the draft plan under subsection 51 (31); and

    (e) in the case of an application for a consent under section 53, on the day the council or the Minister gives or refuses to give a provisional consent.  1996, c. 4, s. 41.

  • 75(7) TRANSITION

    75(7) If subsection (3) applies to all or part of an official plan, subsection 3 (8) of this Act, as it read before the coming into force of section 3 of the Land Use Planning and Protection Act, 1996, does not apply to the plan.  1996, c. 4, s. 41.

  • 76(1) TRANSITION – RESIDENTIAL UNITS

    76(1) If on November 16, 1995, a detached house, semi-detached house or row house was used or occupied as two residential units, section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to that house.  1996, c. 4, s. 42.

  • 76(2) SAME

    76(2) Section 1, subsections 16 (2), (3) and (4), 31 (3.1) and (3.2), 35 (1), (3) and (4) and 51 (28), (29) and (30) of this Act and Ontario Regulation 384/94, as they read on November 15, 1995, continue to apply to a detached house, a semi-detached house or a row house if on or before the day on which subsection 20 (1) of the Land Use Planning and Protection Act, 1996 comes into force,

    (a) a permit has been issued under section 8 or 10 of the Building Code Act permitting the erection, alteration, occupancy or use of the house for two residential units; and

    (b) the building permit has not been revoked under section 8 of the Building Code Act.  1996, c. 4, s. 42.

 


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. 

Table of Contents

 

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.  

65 Queen St. West Suite 1400, Toronto, ON M5H 2M5
Wood Bull LLP Logo
Law Firm Marketing | Cubicle Fugitive