(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, conform with,
(a) the upper-tier municipality’s official plan;
(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. 2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 3, s. 6 (17); 2019, c. 9, Sched. 12, s. 3 (13).
Subsection 17(40.2) is the counterpart to subsection 17(34.1), which provides that an approval authority shall not approve a lower-tier municipality's official plan that, in its opinion, is non-conforming with the various types of upper-tier official plan described in the subsections.
For amendments to a lower-tier municipality's official plan, subsections 17(34.1) and 17(40.2) only apply to official plan updates adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements)(s.21(2)).