(2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality’s official plan only if it is a revision that is adopted in accordance with section 26. 2015, c. 26, s. 20 (2).
Subsection 17(34.1) 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 subsection.
Subsection 17(40.2) is the counterpart to subsection 17(34.1) in that it provides that there is no appeal of a non-decision by an approval authority of a lower-tier official plan/amendment where, within the 120 day period (or an extension), the approval authority states that, in it's opinion, the plan/amendment is non-conforming with the upper-tier municipality's official plan.
Section 26 relates to revisions to an official plan as part of an updating of the official plan relating to conformity with provincial plans, having regard for matters of provincial interest and consistency with policy statements.
Subsection 21(2) provides that the restrictions in subsections 17(34.1) and 17(40.2) in regard to an appeal of an approval decision of the Minister, apply only to amendments which are official plan updates adopted in accordance with section 26.