The Wood Bull Guides

(1) The Minister may by order,

(a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and

(b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4).   R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1).

(2) Where an order has been made under clause (1) (a), the Minister, in respect of the lands affected by the order, has all the powers in respect of such order as a committee of adjustment has under subsections 45 (1) and (2) in respect of a by-law passed under section 34, but subsections 45 (4) to (8) and (10) to (20) do not apply to the exercise by the Minister of such powers.  R.S.O. 1990, c. P.13, s. 47 (2).

(3) In the event of a conflict between an order made under clause (1) (a) and a by-law that is in effect under section 34 or 38, or a predecessor thereof, the order prevails to the extent of such conflict, but in all other respects the by-law remains in full force and effect.  R.S.O. 1990, c. P.13, s. 47 (3).

(4) The Minister may, in the order or by separate order, provide that all or part of an order made under clause (1) (a) and any amendments to it in respect of land in a municipality, the council of which has the powers conferred by section 34, shall be deemed for all purposes, except the purposes of section 24, to be and to always have been a by-law passed by the council of the municipality in which the land is situate.  2001, c. 9, Sched. J, s. 2 (1).

(4.1) In subsections (4.3) to (4.16),

“specified land” means land other than land in the Greenbelt Area within the meaning of the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3.

(4.2) For greater certainty, the land in the Greenbelt Area that is excluded from the definition of “specified land” in subsection (4.1) is the area of land designated under clause 2 (1) (a) of the Greenbelt Act, 2005 which, pursuant to subsection 2 (2) of that Act, includes, 

(a) the areas covered by the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001;

(b) the areas covered by the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act; and

(c) such areas of land as may be described in the regulations made under the Greenbelt Act, 2005. 2020, c. 18, Sched. 17, s. 3.

(4.3) The Minister may, in an order made under clause (1) (a) that applies to specified land,

(a) provide that section 41 of this Act and section 114 of the City of Toronto Act, 2006 do not apply in respect of all or a specified part of the specified land described in the order;

(b) require that a person who owns all or any part of the specified land described in the order enter into one or more agreements with a municipality in which all or part of the specified land is situate dealing with some or all of the matters listed in subsection (4.4); and

(c) exercise any of the powers conferred on councils by subsections 35.2 (1) and (2) in respect of all or a specified part of the specified land described in the order. 2020, c. 18, Sched. 17, s. 3.

(4.4) The matters referred to in clause (4.3) (b) are the following, subject to subsection (4.6):

1. A requirement that any development, within the meaning of subsection 41 (1), on all or a specified part of the specified land described in the order be undertaken in accordance with,

i. plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works as may be required by a condition imposed under paragraph 2, including facilities designed to have regard for accessibility for persons with disabilities, and

ii. drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 dwelling units, which drawings are sufficient to display,

A. the massing and conceptual design of the proposed building,

B. the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access,

C. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings,

D. matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design,

E. matters relating to exterior access to each building that will contain affordable housing units or to any part of such a building, but only to the extent that it is a matter of exterior design,

F. the sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, and

G. facilities designed to have regard for accessibility for persons with disabilities.

2. Anything that may be imposed as a condition by a municipality under subsection 41 (7) of this Act or subsection 114 (11) of the City of Toronto Act, 2006.

3. Anything that may be imposed as a condition by an upper-tier municipality under subsection 41 (8). 2020, c. 18, Sched. 17, s. 3.

(4.6) Without limiting the generality of subsection (4.5), the Minister’s direction may,

(a) provide that one or more of the matters listed in subsection (4.4) shall not be dealt with in an agreement; or

(b) specify how any matter listed in subsection (4.4) shall be addressed in an agreement. 2020, c. 18, Sched. 17, s. 3.

(4.7) The parties that are required under clause (4.3) (b) to enter into an agreement shall ensure that,

(a) if the Minister gives direction under subsection (4.5) before the agreement is entered into, the agreement complies with the direction; and

(b) if the Minister gives direction under subsection (4.5) after the agreement is entered into, the agreement is amended to comply with the direction. 2020, c. 18, Sched. 17, s. 3.

(4.11) The following matters relating to buildings described in subparagraph 1 ii of subsection (4.4) shall not be dealt with in an agreement entered into pursuant to a requirement described in clause (4.3) (b):

1. The interior design.

2. The layout of interior areas, excluding interior walkways, stairs, elevators and escalators referred to in sub-subparagraph 1 ii C of subsection (4.4).

3. The manner of construction and construction standards. 2020, c. 18, Sched. 17, s. 3.

(4.12) If an agreement is entered into between the owner of land and a municipality in accordance with a requirement described in clause (4.3) (b),

(a) the agreement may be registered against the land to which it applies; and

(b) the municipality may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2020, c. 18, Sched. 17, s. 3.

(4.13) If an order is made under clause (1) (a) in which the Minister exercises a power described in clause (4.3) (c), the Minister may do one or both of the following:

1. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order and the municipality in which all or part of the specified land is situate enter into one or more agreements dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement.

2. Require that any owner of lands, buildings or structures that are to be developed or redeveloped under the order enter into one or more agreements with the Minister dealing with any or all of the matters mentioned in clauses 35.2 (2) (a) to (h) and ensuring continued compliance with the matters dealt with in the agreement. 2020, c. 18, Sched. 17, s. 3.

(4.15) If an agreement is entered into in accordance with a requirement described in subsection (4.13),

(a) the agreement may be registered against the land to which it applies; and

(b) the Minister may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land. 2020, c. 18, Sched. 17, s. 3.