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O. Reg. 61/05: PRESCRIBED APPLICATIONS, MATTERS, PROCEEDINGS AND POLICIES FOR THE PURPOSES OF SUBSECTION 24 (3) OF THE ACT

under Greenbelt Act, 2005, S.O. 2005, c. 1

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Greenbelt Act, 2005
Loi de 2005 sur la ceinture de verdure

ONTARIO REGULATION 61/05

PRESCRIBED APPLICATIONS, MATTERS, PROCEEDINGS AND POLICIES FOR THE PURPOSES OF SUBSECTION 24 (3) OF THE ACT

Consolidation Period: From February 3, 2006 to the e-Laws currency date.

Last amendment: O.Reg. 13/06.

This Regulation is made in English only.

Prescribed applications, matters, proceedings and policies

1. (1) An application, matter or proceeding described in subsection (2) is prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act if,

(a) the application, matter or proceeding is commenced on or after December 16, 2003 but before December 16, 2004; and

(b) no decision, within the meaning of section 3, was made with respect to the application, matter or proceeding before February 28, 2005. O. Reg. 61/05, s. 1 (1).

(2) The applications, matters and proceedings referred to in subsection (1) are applications, matters and proceedings under section 17, 21 or 22 of the Planning Act relating to an official plan or an official plan amendment to permit mineral aggregate uses within the lands described in paragraph 3 of subsection 1 (1) of Ontario Regulation 59/05, as that Regulation read on February 28, 2005. O. Reg. 61/05, s. 1 (2).

(3) All of the policies of the Greenbelt Plan, as they read on February 28, 2005, are prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act in relation to decisions made in applications, matters or proceedings prescribed by subsection (1). O. Reg. 61/05, s. 1 (3).

Prescribed applications, matters, proceedings and policies

2. (1) An application, matter or proceeding described in subsection (2) is prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act if,

(a) the application, matter or proceeding is commenced before December 16, 2004; and

(b) no decision, within the meaning of section 3, was made with respect to the application, matter or proceeding before February 28, 2005. O. Reg. 61/05, s. 2 (1).

(2) The applications, matters and proceedings referred to in subsection (1) are applications, matters and proceedings under section 17, 21 or 22 of the Planning Act relating to an official plan or an official plan amendment where the official plan or official plan amendment affects any area of land that is,

(a) within the Town of Richmond Hill, the Town of Markham, the Town of Whitchurch-Stouffville or the City of Toronto;

(b) south of the Oak Ridges Moraine Conservation Plan southern boundary; and

(c) described in paragraph 3 of subsection 1 (1) of Ontario Regulation 59/05, as that Regulation read on February 28, 2005. O. Reg. 61/05, s. 2 (2).

(3) All of the policies of the Greenbelt Plan, as they read on February 28, 2005, are prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act in relation to decisions made with respect to applications, matters or proceedings prescribed by subsection (1). O. Reg. 61/05, s. 2 (3).

Prescribed applications, matters, proceedings and policies

2.1  (1) An application, matter or proceeding described in subsection (2) is prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act if,

(a) the application, matter or proceeding is commenced before December 16, 2004; and

(b) no decision, within the meaning of section 3, was made with respect to the application, matter or proceeding before February 28, 2005. O. Reg. 13/06, s. 1.

(2) The applications, matters and proceedings referred to in subsection (1) are applications, matters and proceedings under section 17, 21 or 22 of the Planning Act relating to an official plan or an official plan amendment where the official plan or official plan amendment affects those areas of land in the Geographic Township of Markham, in the Town of Richmond Hill, in The Regional Municipality of York, designated as Parts 1 to 4, inclusive, on a plan known as the Plan of the Boundaries of Parts of The Rouge River Watershed Tributaries, filed on January 11, 2006, with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources. O. Reg. 13/06, s. 1.

(3) The lands described in subsection (2) are deemed to be included in the Natural System, the Natural Heritage System and the Water Resource System, as set out in the Greenbelt Plan, and all of the policies of the Greenbelt Plan, as they read on February 28, 2005, apply to the lands described in subsection (2), and are prescribed under clause 22 (1) (d) of the Act for the purposes of subsection 24 (3) of the Act in relation to decisions made with respect to applications, matters or proceedings prescribed by subsection (1). O. Reg. 13/06, s. 1.

Interpretation — when decision made

3. For the purposes of sections 1, 2 and 2.1, a decision shall be deemed to have been made with respect to an application, matter or proceeding,

(a) in the case of an application, matter or proceeding relating to an official plan or official plan amendment, on the day that the council adopts or refuses to adopt all or part of the official plan or official plan amendment or on the day that the approval authority approves, modifies and approves or refuses to approve all or part of the official plan or official plan amendment, whichever is earlier; or

(b) in the case of an application, matter or proceeding appealed or referred to the Ontario Municipal Board from the council’s neglect, refusal or failure to make a decision relating to an official plan or official plan amendment, on the day that the Ontario Municipal Board makes a decision disposing of the application, matter or proceeding. O. Reg. 61/05, s. 3; O. Reg. 13/06, s. 2.