The Wood Bull Guides

Section 42 [Conveyance of Land for Park Purposes]

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  • 42(0.1) CONVEYANCE OF LAND FOR PARK PURPOSES - DEFINITIONS

    (0.1) In this section,

    “dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”)

    “effective date” means July 1, 2016. (“date d’effet”)  2015, c. 26, s. 28 (1); 2020, c. 18, Sched. 17, s. 2 (1).

  • 42(1) CONVEYANCE

    (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes.  R.S.O. 1990, c. P.13, s. 42 (1).

  • 42(2) COMMENCEMENT OF BY-LAW

    (2) A by-law passed under this section comes into force on the day it is passed or the day specified in the by-law, whichever is later. 2020, c. 18, Sched. 17, s. 2 (2).
  • 42(3) ALTERNATIVE REQUIREMENT

    (3) Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be specified in the by-law.  R.S.O. 1990, c. P.13, s. 42 (3).

  • 42(3.1) CONSULTATION

    (3.1) Before passing a by-law under this section that provides for the alternative requirement authorized by subsection (3), the municipality shall consult with such persons and public bodies as the municipality considers appropriate. 2020, c. 18, Sched. 17, s. 2 (3).
  • 42(4) OFFICIAL PLAN REQUIREMENT

    (4) The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement.  R.S.O. 1990, c. P.13, s. 42 (4).

  • 42(4.1) PARKS PLAN

    (4.1) Before adopting the official plan policies described in subsection (4), the local municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality.  2015, c. 26, s. 28 (3).

  • 42(4.2) SAME

    (4.2) In preparing the parks plan, the municipality,

    (a) shall consult with every school board that has jurisdiction in the municipality; and

    (b) may consult with any other persons or public bodies that the municipality considers appropriate.  2015, c. 26, s. 28 (3).

  • 42(4.3) SAME

    (4.3) For greater certainty, subsection (4.1) and clause (4.2) (a) do not apply with respect to official plan policies adopted before the effective date.  2015, c. 26, s. 28 (3).

  • 42(4.4) APPLICATION, SUBSS. (4.5) TO (4.24)

    (4.4) Subsections (4.5) to (4.24) apply in respect of a by-law passed under this section or an amendment to such a by-law only if the by-law or amendment provides for the alternative requirement authorized by subsection (3). 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.5) NOTICE OF BY-LAW AND TIME FOR APPEAL

    (4.5) The clerk of a municipality that has passed a by-law under this section shall give written notice of the passing of the by-law, and of the last day for appealing the by-law, which shall be the day that is 40 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4). Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 42(4.6) REQUIREMENTS OF NOTICE

    (4.6) Notices required under subsection (4.5) must meet the prescribed requirements and shall be given in accordance with the regulations. 2020, c. 18, Sched. 17, s. 2 (4). Related Regulations O. Reg 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 42(4.7) SAME

    (4.7) Every notice required under subsection (4.5) must be given not later than 20 days after the day the by-law is passed. 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.8) WHEN NOTICE GIVEN

    (4.8) A notice required under subsection (4.5) is deemed to have been given on the prescribed day. 2020, c. 18, Sched. 17, s. 2 (4). Related Regulations  O.Reg. 509/20: COMMUNITY BENEFITS CHARGES AND PARKLAND, s.4
  • 42(4.9) APPEAL OF BY-LAW AFTER PASSED

    (4.9) Any person or public body may appeal a by-law passed under this section to the Tribunal by filing with the clerk of the municipality, on or before the last day for appealing the by-law, a notice of appeal setting out the objection to the by-law and the reasons supporting the objection. 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.10) CLERK'S DUTY ON APPEAL

    (4.10) If the clerk of the municipality receives a notice of appeal on or before the last day for appealing a by-law passed under this section, the clerk shall compile a record that includes,

    (a) a copy of the by-law certified by the clerk;

    (b) a copy of the parks plan referred to in subsection (4.1), if one exists;

    (c) an affidavit or declaration certifying that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act; and

    (d) the original or a true copy of all written submissions and material received in respect of the by-law before it was passed. 2020, c. 18, Sched. 17, s. 2 (4).

  • 42(4.11) SAME

    (4.11) The clerk shall forward a copy of the notice of appeal and the record to the Tribunal within 30 days after the last day for appealing the by-law and shall provide such other information or material as the Tribunal may require in respect of the appeal. 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.12) AFFIDAVIT, DECLARATION CONCLUSIVE EVIDENCE

    (4.12) An affidavit or declaration of the clerk of a municipality that notice of the passing of the by-law and of the last day for appealing it was given in accordance with this Act is conclusive evidence of the facts stated in the affidavit or declaration. 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.13) L.P.A.T. HEARING OF APPEAL

    (4.13) The Tribunal shall hold a hearing to deal with any notice of appeal of a by-law passed under this section forwarded by the clerk of a municipality. 2020, c. 18, Sched. 17, s. 2 (4).
  • 42(4.14) NOTICE

    (4.14) The Tribunal shall determine who shall be given notice of the hearing and in what manner. 2020, c. 18, Sched. 17, s. 2 (4).

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