Draft O. Reg. 385/21
Transitional rules
18. (1) Except as provided otherwise, references in this section to a provision of the Act are references to the provision as it read on June 30, 2021.
(2) A matter or proceeding that is mentioned in subsection (3) and commenced before July 1, 2021 shall be continued and disposed of under the Act as it read on June 30, 2021.
(3) For the purposes of subsection (2), a matter or proceeding shall be deemed to have been commenced,
(a) in the case of the designation of property by by-law under section 29 of the Act, on the date of the publication of a notice of intention to designate under clause 29 (3) (b) of the Act;
(b) in the case of the amendment of a by-law designating property under section 30.1 of the Act,
(i) if subsection 30.1 (2) of the Act does not apply to the notice, on the date of the publication of the notice of proposed amendment under clause 29 (3) (b) of the Act, as made applicable by subsection 30.1 (1) of the Act, or
(ii) if subsection 30.1 (2) of the Act applies to the notice, on the day the notice of proposed amendment is received by the owner of the property;
(c) in the case of the repeal of a by-law or part thereof designating property under section 31 of the Act, on the date of the publication of a notice of intention to repeal a by-law or part thereof under clause 31 (3) (b) of the Act;
(d) in the case of an application to repeal a by-law or part thereof designating a property under section 32 of the Act, on the day the application is received by the council of the municipality;
(e) in the case of an application for consent to alter or permit the alteration under section 33 of the Act, on the day the application is received by the council of the municipality;
(f) in the case of an application for consent to demolish or remove or permit demolition or removal under section 34 of the Act, on the day the application is received by the council of the municipality;
(g) in the case of an application for consent to alter, demolish or remove or permit the alteration, demolition or removal under section 34.5 of the Act, on the day the application is received by the Minister;
(h) in the case of the designation of a study area under section 40.1 of the Act, on the day the by-law is passed under that section;
(i) in the case of the designation of a heritage conservation district under section 41 of the Act, on the day the by-law is passed under that section;
(j) in the case of the adoption of a heritage conservation district plan under subsection 41.1 (2) of the Act, on the day the by-law is passed under that subsection; and
(k) in the case of an application described in subsection 42 (2.1) of the Act, on the day the application is received by the council of the municipality.
(4) The following rules apply if a notice of intention to designate a property under subsection 29 (1) of the Act was published in accordance with clause 29 (3) (b) of the Act before July 1, 2021 and the council of the municipality has not, before that day, passed a by-law designating the property or withdrawn the notice of intention to designate before that day:
1. The notice of intention to designate the property is deemed to be withdrawn on the later of the following dates, unless the council of a municipality has passed a by-law in accordance with section 29 of the Act designating the property before that date:
i. July 1, 2022.
ii. If, before July 1, 2022, the council of the municipality and the owner of the property mutually agree to a period that ends after July 1, 2022, the last day of the agreed upon period.
2. During the period before the notice of intention to designate is deemed to be withdrawn under paragraph 1, the notice of intention shall be continued and disposed of under the Act as it read on June 30, 2021.
(5) For the purposes of paragraph 1 of subsection (4), if a person objects to a proposed designation under subsection 29 (5) of the Act, either before, on or after July 1, 2021, the date that applies for the purpose of that paragraph is extended by the total number of days that are after June 30, 2021 and before the earliest of the following:
1. The day the Review Board makes a report to council under subsection 29 (12) of the Act.
2. If the person who served the notice of objection withdraws the objection, the day on which the person serves notice of withdrawal in accordance with subsection 29 (15) of the Act.
(6) If a notice of intention to designate is deemed to be withdrawn under paragraph 1 of subsection (4), the municipality shall cause a notice of withdrawal,
(a) to be served on the owner of the property and on the Trust; and
(b) to be published in a newspaper having general circulation in the municipality.
(7) Despite subsection (2), the following rules apply if an application for consent to demolish or remove or permit demolition or removal under section 34 of the Act is received by the council of the municipality before July 1, 2021 and the council has consented to the application under subclause 34 (2) (a) (i) or (i.1) of the Act or is deemed to have consented to the application under subsection 34 (4) of the Act or the Tribunal has ordered that the municipality give its consent under clause 34.1 (6) (b) of the Act:
1. If the council has not passed a repealing by-law under section 34.3 of the Act before July 1, 2021, the application shall be continued and disposed of in accordance with section 34.3 of the Act as it reads on and after July 1, 2021.
2. If the council has passed a repealing by-law under section 34.3 of the Act before July 1, 2021, the application shall be continued and disposed of in accordance with section 34.3 of the Act as it read on June 30, 2021.
(8) For the purposes of paragraph 1 of subsection (5), on and after the day section 2 of Schedule 6 to the Accelerating Access to Justice Act, 2021 comes into force, the reference to “Review Board” in subsection 29 (12) of the Act, as it read on June 30, 2021, shall be read as a reference to “Tribunal”.