Wood Bull Blog

Planning Act Development Processing Timelines Reduced

Aug 28, 2019

3 September 2019 has been named by proclamation as the day on which some of the amendments made by the More Homes, More Choice Act, 2019 (Bill 108) will come into force.

Amendments to the Planning Act and Local Planning Appeal Tribunal Act (“LPAT ACT”), Schedule 12 and 9 of the More Homes, More Choice Act, 2019 respectively, will be in effect on the above date. Wood Bull has previously prepared a table comparing all changes to the Planning Act and an unofficial redline version of the LPAT Act. Wood Bull will be preparing a number of blog posts in the coming weeks to focus on the key amendments to these Acts.

The first key amendment of the Planning Act to highlight is the reduction of planning processing timelines (often colloquially referred to as “appeal periods”, which mistakes the underlying purpose of the time period). These timelines change with nearly every change of government, reflecting the leaning of the government in power toward more or less municipal processing time before a right to act (usually by filing an appeal to the provincial appeal body (formerly the OMB; now the LPAT) crystalizes).

Timelines for making decisions related to official plans are changed from 210 to 120 days (see  -amendments to sections 17and 22), those related to zoning by-laws are changed from 150 to 90 days (see amendments to sections 34 and 36) and the timeline for making decisions related to plans of subdivision is changed from 180 to 120 days (see amendment to subsection 51 (34)).

Below is a table outlining the timeline amendments that will come into effect on the date proclaimed (compared with the most recent two previous time periods):

Section

Pre-Bill 139

Bill 139

Bill 108

Official Plan - 17(34.1)

Despite subsection (34), an approval authority shall not approve any part of a lower-tier municipality’s plan if the plan or any part of it does not, in the approval authority’s opinion, conform with,

b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower tier municipality adopted its plan, but is not yet in effect; or

c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect.[underlining added for emphasis]

180

210

120

Official Plan - 17(40)

If the approval authority fails to give notice of a decision in respect of all or part of a plan within 120 days after the day the plan is received by the approval authority, or within the longer period determined under subsection (40.1), any person or public body may appeal to the Tribunal with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority, subject to subsection (41.1).

180

210

120

Official Plan - 17(40.2)

Despite subsection (40), there is no appeal with respect to any part of the plan of a lower-tier municipality if, within 120 days after receiving the plan, the approval authority states that the plan or any part of it does not, in the approval authority’s opinion conforms with,

b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower tier municipality adopted its plan, but is not yet in effect; or

c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect.[underlining added for emphasis]

180

210

120

Official Plan - 22(7, 7.0.1 and 7.0.2)

The conditions referred to in subsections (7) and (7.0.1) are:

1. The council or the planning board fails to adopt the requested amendment within 120 days after the day the request is received.

2. A planning board recommends a requested amendment for adoption and the council or the majority of the councils fails to adopt the requested amendment within 120 days after the day the request is received.

3. A council, a majority of the councils or a planning board refuses to adopt the requested amendment.

4. A planning board refuses to approve a requested amendment under subsection 18 (1).

180

210

120

Zoning - 34(11)

Subject to subsection (11.0.0.0.1), where an application to the council for an amendment to a by-law passed under this section or a predecessor of this section is refused or the council fails to make a decision on it within 90 days after the receipt by the clerk of the application, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal, accompanied by the fee charged under the Local Planning Appeal Tribunal, 2017.

120

150

90

Zoning - 34(11.0.0.0.1)

If an amendment to a by-law passed under this section or a predecessor of this section in respect of which an application to the council is made would also require an amendment to the official plan of the local municipality and the application is made on the same day as the request to amend the official plan, an appeal to the Tribunal under subsection (11) may be made only if the application is refused or the council fails to make a decision on it within 120 days after the receipt by the clerk of the application

n/a

210

120

Holding Symbol - 36(3)

Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 90 days after receipt by the clerk of the application, the applicant may appeal to the Tribunal and the Tribunal shall hear the appeal and dismiss the same or amend the by-law to remove the holding symbol or direct that the by-law be amended in accordance with its order.

120

150

90

Plan of Subdivision - 51(34)

If an application is made for approval of a plan of subdivision and the approval authority fails to make a decision under subsection (31) on it within 120 days after the day the application is received by the approval authority, the applicant may appeal to the Tribunal with respect to the proposed subdivision by filing a notice with the approval authority, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017. 

180

180

120

We are available to assist you to navigate the changes to the Planning Act at 416-203-7160 or info@woodbull.ca.

Author(s): Dennis Wood / Hanna Hsiao

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