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Section 23 [Provincial Interests Affected by Official Plan]

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    (1) If the Minister is of the opinion that a matter of provincial interest as set out in a policy statement issued under subsection 3 (1) is, or is likely to be, affected by an official plan, the Minister may,

    (a) advise the council of the municipality that adopted the plan about the issue; and

    (b) invite the council to submit, within the time specified by the Minister, proposals for resolving the issue.  2015, c. 26, s. 23 (1).


    (1.1) If the council fails to submit proposals to resolve the issue within the specified time, or if, after consultation with the Minister on the proposals, the issue cannot be resolved and the Minister so advises the council, the Minister may by order amend the plan so that it is no longer likely to affect the matter of provincial interest.  2015, c. 26, s. 23 (1).

  • 23(1.2) EFFECT OF ORDER

    (1.2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority.  2015, c. 26, s. 23 (1).

  • 23(2) HEARING BY L.P.A.T.

    (2) Where the Minister proposes to make an amendment to an official plan under subsection (1), the Minister may, and on the request of any person or municipality shall, request the Tribunal to hold a hearing on the proposed amendment and the Tribunal shall thereupon hold a hearing as to whether the amendment should be made.  R.S.O. 1990, c. P.13, s. 23 (2); 2017, c. 23, Sched. 5, s. 89 (1).


    (3) Despite subsection (2), where the Minister is of the opinion that a request of any person or municipality made under subsection (2) is not made in good faith or is frivolous or vexatious or is made only for the purpose of delay, the Minister may refuse the request.  R.S.O. 1990, c. P.13, s. 23 (3).

  • 23(4) NOTICE

    (4) Where the Minister has requested the Tribunal to hold a hearing as provided for in subsection (2), notice of the hearing shall be given in such manner and to such persons as the Tribunal may direct, and the Tribunal shall hear any submissions that any person may desire to bring to the attention of the Tribunal.  R.S.O. 1990, c. P.13, s. 23 (4); 2017, c. 23, Sched. 5, s. 89 (1).

  • 23(5) DECISION OF L.P.A.T.

    (5) The Tribunal, after the conclusion of the hearing, shall make a decision as to whether the proposed amendment, or an alternative form of amendment, should be made but the decision is not final and binding unless the Lieutenant Governor in Council has confirmed it.  R.S.O. 1990, c. P.13, s. 23 (5); 1994, c. 23, s. 15 (1); 2004, c. 18, s. 5 (1); 2017, c. 23, Sched. 5, s. 80.

  • 23(6) POWERS OF L.G. IN C.

    (6) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Tribunal made under subsection (5) and in doing so may direct the Minister to amend the plan in such manner as the Lieutenant Governor in Council may determine.  2004, c. 18, s. 5 (2); 2017, c. 23, Sched. 5, s. 89 (2).


    (7) The following are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006:

    1. An order made by the Minister under subsection (1.1) or pursuant to the Lieutenant Governor in Council’s direction under subsection (6).

    2. An order made by the Lieutenant Governor in Council under subsection (6).  2015, c. 26, s. 23 (2).

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