O. Reg. 175/16: MINOR VARIANCE APPLICATIONS

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ontario regulation 175/16

made under the

Planning Act

Made: June 6, 2016
Filed: June 8, 2016
Published on e-Laws: June 8, 2016
Printed in The Ontario Gazette: June 25, 2016

Amending O. Reg. 200/96

(MINOR VARIANCE APPLICATIONS)

1. (1) Paragraph 1 of subsection 3 (2) of Ontario Regulation 200/96 is amended by striking out “prepaid first class mail” and substituting “ordinary mail”.

(2) Subsection 3 (7) of the Regulation is amended by striking out “personal service, prepaid first class mail or telephone transmission of a facsimile of the notice” and substituting “personal service, ordinary mail, fax or email”.

(3) Subsection 3 (8) of the Regulation is amended by striking out “the address” and substituting “the address, fax number or email address”.

(4) Subsection 3 (9) of the Regulation is amended by striking out “personal service, prepaid first class mail or telephone transmission of a facsimile of the notice” in the portion before paragraph 1 and substituting “personal service, ordinary mail, fax or email”.

(5) Paragraph 2 of subsection 3 (9) of the Regulation is amended by striking out “every county and every regional or district municipality” and substituting “every upper-tier municipality”.

(6) Paragraph 3 of subsection 3 (9) of the Regulation is revoked.

(7) Subsection 3 (10) of the Regulation is revoked and the following substituted:

(10) If the regional director of the Municipal Services Office of the Ministry of Municipal Affairs and Housing that is responsible for the region that includes the municipality or planning area where the subject land is located has given the secretary-treasurer a written request to be given notice of hearings on applications for minor variances or permissions under section 45 of the Act, notice of such a hearing shall be given to the regional director by personal service, ordinary mail, fax or email.

(8) Subsection 3 (11) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(11) Notice of a hearing, other than notice given by posting as described in paragraph 2 of subsection (2) or by publishing in a newspaper as described in subsection (4), shall include the following:

. . . . .

(9) Paragraph 3 of subsection 3 (11) of the Regulation is amended by striking out “the location of”.

(10) Subsection 3 (11) of the Regulation is amended by adding the following paragraph:

6. If applicable, a request that the notice be posted by the owner of any land that contains seven or more residential units in a location that is visible to all of the residents.

(11) Subsection 3 (12) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(12) Notice that is given by posting as described in paragraph 2 of subsection (2) shall include the following:

 . . . . .

(12) Paragraph 4 of subsection 3 (12) of the Regulation is revoked and the following substituted:

4. The following statement:

For more information about this matter, contact (address, email address, website or other location or means by which information may be obtained from the committee).

(13) Section 3 of the Regulation is amended by adding the following subsection:

(13) Notice of a hearing given by publishing in a newspaper as described in subsection (4) shall include the following:

1. The date, time and location of the hearing.

2. An explanation of the purpose and effect of the proposed minor variance or permission.

3. A description of the subject land or a key map showing the subject land.

4. Where and when additional information regarding the application will be available to the public for inspection.

5. The following statement:

For more information about this matter, contact (address, email address, website or other location or means by which information may be obtained from the committee).

2. The Regulation is amended by adding the following sections:

3.1 On receiving a notice of appeal filed under subsection 45 (12) of the Act, the secretary-treasurer of the committee shall, in addition to the information and material required under clauses 45 (13) (a) to (d) of the Act, promptly forward to the Municipal Board the minutes of the hearing.

3.2 For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 175/16, this Regulation as it read immediately before those amendments came into force continues to apply in respect of a notice given under section 45 of the Act, if it was given before the day Ontario Regulation 175/16 came into force.

Commencement

3. This Regulation comes into force on the later of July 1, 2016 and the day it is filed.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Ted McMeekin

Minister of Municipal Affairs and Housing

Date made: June 6, 2016
Pris le : 6 juin 2016

 

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