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Places to Grow Act, 2005

ONTARIO REGULATION 311/06

TRANSITIONAL MATTERS — GROWTH PLANS

Consolidation Period: From June 17, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 183/13.

This is the English version of a bilingual regulation.

Definitions

1. (1) In this Regulation,

“approval authority” means the applicable approval authority under the Planning Act; (“autorité approbatrice”)

“joint board” means a joint board under the Consolidated Hearings Act; (“commission mixte”)

“matter” includes an application, proceeding and request. (“affaire”) O. Reg. 311/06, s. 1 (1); O. Reg. 38/11, s. 2 (1).

(2) Revoked: O. Reg. 38/11, s. 2 (2).

Deemed day of commencement

2. For the purposes of this Regulation, a matter is deemed to have been commenced,

(a) in the case of a request for an official plan amendment, on the day the request is received;

(b) in the case of an official plan, an amendment to it or a repeal of it, on the day the by-law adopting the plan, amendment or repeal is passed;

(c) in the case of a zoning by-law or an amendment to it, on the day the by-law is passed;

(d) in the case of an application for an amendment to a zoning by-law, on the day the application is made;

(e) in the case of an application for an approval of development in a site plan control area under subsection 41 (4) of the Planning Act, on the day the application is made;

(f) in the case of an application for a minor variance under section 45 of the Planning Act, on the day the application is made;

(g) in the case of an application to amend or revoke an order under section 47 of the Planning Act, on the day the application is made;

(h) in the case of an application for the approval of a plan of subdivision under section 51 of the Planning Act or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998, on the day the application is made; and

(i) in the case of an application for a consent under section 53 of the Planning Act, on the day the application is made. O. Reg. 311/06, s. 2.

Definitions

2.0.1 In sections 2.1 to 5.7,

“Amendment 1 (2012)” means Amendment 1 (2012) to the Growth Plan for the Greater Golden Horseshoe, 2006 that was approved under subsection 7 (6) of the Act on December 15, 2011 and came into effect on January 19, 2012; (“Modification Nº 1 (2012)”)

“Amendment 2 (2013)” means Amendment 2 (2013) to the Growth Plan for the Greater Golden Horseshoe, 2006 that was approved under subsection 7 (6) of the Act on May 29, 2013 and came into effect on June 17, 2013. (“Modification Nº 2 (2013)”) O. Reg. 183/13, s. 1.

Growth Plan for the Greater Golden Horseshoe

Application of ss. 3, 3.1, 4 and 5

2.1 (1) Subject to sections 5.1 to 5.7, sections 3, 3.1, 4 and 5 apply with respect to the Growth Plan for the Greater Golden Horseshoe, 2006 that was approved under subsection 7 (6) of the Act on June 7, 2006 and came into effect on June 16, 2006. O. Reg. 38/11, s. 3; O. Reg. 8/12, s. 1; O. Reg. 22/13, s. 1.

(2) On or after June 17, 2013, where section 3, 4 or 5 requires a matter to be continued and disposed of in accordance with the Plan, the requirement shall be read as a requirement that the matter be continued and disposed of in accordance with the Plan as it read after Amendment 2 (2013) came into effect. O. Reg. 183/13, s. 2.

Transition rules

3. (1) A matter that is described in clause 2 (a) or (b) and commenced before June 16, 2006 shall be continued and disposed of as set out in sections 4 and 5, subject to subsections (1.1), (2) and (3). O. Reg. 311/06, s. 3 (1); O. Reg. 324/06, s. 1 (1).

(1.1) A matter that is described in clause 2 (a) or (b), commenced before June 16, 2006 and not described in section 4 or 5 shall be continued and disposed of as if the Plan had not come into effect, subject to subsections (2) and (3). O. Reg. 324/06, s. 1 (2).

(2) A matter that is described in clause 2 (a) or (b) and commenced before June 16, 2006 shall be continued and disposed of as if the Plan had not come into effect if, on that date, the Ontario Municipal Board or a joint board has completed its hearing of the matter but reserved its final decision. O. Reg. 311/06, s. 3 (2).

(3) A matter that is described in clause 2 (a) or (b) and commenced before June 16, 2006 shall be continued and disposed of in accordance with the Plan if,

(a) the matter is revised on or after June 16, 2006 during consideration by the Ontario Municipal Board or a joint board; and

(b) the effect of the revision is that,

(i) any amount of land would be added to an area of settlement, or

(ii) a new area of settlement of any size would be designated. O. Reg. 311/06, s. 3 (3).

(4) A matter that is described in any of clauses 2 (c) to (i) and commenced before June 16, 2006 shall be continued and disposed of as if the Plan had not come into effect. O. Reg. 311/06, s. 3 (4).

(5) A matter that is described in section 2 and commenced on or after June 16, 2006 shall be continued and disposed of in accordance with the Plan. O. Reg. 311/06, s. 3 (5).

Transition rules, continued

3.1 (1) Despite sections 3, 4 and 5, any part of a matter that is described in section 2 and commenced before, on or after June 16, 2006 shall be continued and disposed of as if the Plan had not come into effect if,

(a) the part of the matter is being undertaken to establish uses permitted by a minister’s order made under section 47 of the Planning Act; and

(b) the minister’s order mentioned in clause (a) has not been revoked. O. Reg. 223/09, s. 1.

(2) For greater certainty, subsection (1) applies even if the minister’s order mentioned in clause (1) (a) has been made but is not yet in effect. O. Reg. 223/09, s. 1; O. Reg. 8/12, s. 2.

Requests for official plan amendments

4. (1) A request for an official plan amendment that is commenced before June 16, 2006 shall be continued and disposed of in accordance with the Plan if,

(a) the amendment would add 300 or more hectares to an area of settlement; and

(b) on June 16, 2006, the request has not been approved by the approval authority. O. Reg. 311/06, s. 4 (1).

(2) A request for an official plan amendment that is commenced before June 16, 2006 shall be continued and disposed of in accordance with the Plan, except policy 2.2.8 of the Plan, if,

(a) the amendment would add 300 or more hectares to an area of settlement;

(b) on June 16, 2006, the request has been approved by the approval authority; and

(c) a notice of appeal is filed during the time for doing so and is not withdrawn. O. Reg. 311/06, s. 4 (2); O. Reg. 183/13, s. 3.

(3) A matter to which subsection (1) or (2) would otherwise apply shall be continued and disposed of as if the Plan had not come into effect, if any part of the land that would be added to an area of settlement is the subject-matter of an application, matter or proceeding that is prescribed for the purposes of subsection 24 (3) of the Greenbelt Act, 2005. O. Reg. 311/06, s. 4 (3).

(4) When a matter to which subsection (1) or (2) applies is revised on or after June 16, 2006, subsection (1) or (2), as the case may be, continues to apply if the effect of the revision is that,

(a) any amount of land would be added to an area of settlement; or

(b) a new area of settlement of any size would be designated. O. Reg. 311/06, s. 4 (4).

(5) When a matter to which subsection (1) or (2) would apply, except that the amount of land to be added to an area of settlement is less than 300 hectares, is revised on or after June 16, 2006, the matter shall be continued and disposed of in accordance with the Plan if the effect of the revision is that 300 or more hectares would be added to an area of settlement. O. Reg. 311/06, s. 4 (5).

Municipal initiatives re official plans

5. (1) Subsection (2) applies when a municipality commences,

(a) an official plan;

(b) an amendment to all or part of its official plan; or

(c) a repeal of all or part of its official plan. O. Reg. 311/06, s. 5 (1).

(2) A matter that is described in subsection (1), is commenced before June 16, 2006 and would add 300 or more hectares to an area of settlement shall be continued and disposed of in accordance with the Plan, except policy 2.2.8 of the Plan. O. Reg. 311/06, s. 5 (2); O. Reg. 183/13, s. 4.

(3) A matter to which subsection (2) would otherwise apply shall be continued and disposed of as if the Plan had not come into effect, if any part of the land that would be added to an area of settlement is the subject-matter of an application, matter or proceeding that is prescribed for the purposes of subsection 24 (3) of the Greenbelt Act, 2005. O. Reg. 311/06, s. 5 (3).

(4) When a matter to which subsection (2) applies is revised on or after June 16, 2006, that subsection continues to apply if the effect of the revision is that,

(a) any amount of land would be added to an area of settlement; or

(b) a new area of settlement of any size would be designated. O. Reg. 311/06, s. 5 (4).

(5) When a matter to which subsection (2) would apply, except that the amount of land to be added to an area of settlement is less than 300 hectares, is revised on or after June 16, 2006, the matter shall be continued and disposed of in accordance with the Plan, if the effect of the revision is that 300 or more hectares would be added to an area of settlement. O. Reg. 311/06, s. 5 (5).

Growth Plan for the Greater Golden Horseshoe — Simcoe Sub-area

Definition

5.1 In sections 5.2 to 5.7,

“Plan” means, except where the context requires otherwise, the Plan described in subsection 2.1 (1). O. Reg. 183/13, s. 5.

Application

5.2 (1) Sections 5.3 to 5.7 apply with respect to the Simcoe Sub-area as that term is defined in Amendment 1 (2012). O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 3.

(2) On or after June 17, 2013, where section 5.3, 5.4, 5.6 or 5.7 requires a matter to be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), the requirement shall be read as a requirement that the matter be continued and disposed of in accordance with the Plan as it read after Amendment 1 (2012) and Amendment 2 (2013) came into effect, subject to subsection (3). O. Reg. 183/13, s. 6.

(3) Subsection (2) does not apply with respect to the following matters:

1. A matter described in clause 2 (e), (f) or (i) to which subsection 5.6 (5) applies.

2. A matter described in clause 2 (e), (f) or (i) to which subsection 5.7 (2) applies. O. Reg. 183/13, s. 6.

Transition rules

5.3 (1) Except as provided in sections 5.4 to 5.7, a matter that is described in section 2 and that commenced before January 19, 2012 shall be continued and disposed of in accordance with sections 3 to 5, subject to subsection (3). O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 4.

(2) Except as provided in sections 5.4 to 5.7, if sections 3 to 5 provide for a matter to be continued and disposed of as if the Plan had not come into effect, the matter shall be continued and disposed of as if Amendment 1 (2012) had not come into effect. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 4.

(3) Despite subsection (1), if sections 3 to 5 provide for a matter that is described in section 2 and that commenced before June 16, 2006 to be continued and disposed of in accordance with the Plan, the matter shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012). O. Reg. 8/12, s. 3.

(4) Subsection (3) does not apply if, as of January 19, 2012, the Ontario Municipal Board or a joint board has completed its hearing of the matter but reserved its final decision. O. Reg. 8/12, s. 3.

(5) Despite subsection 3 (5), a matter that is described in section 2 and that commenced on or after January 19, 2012 shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012). O. Reg. 8/12, s. 3.

Transition rules, continued

5.4 (1) A matter shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012) if,

(a) the matter was commenced on or after June 16, 2006 but before January 19, 2012; and

(b) the matter is described in clause 2 (a), (b), (c), (d) or (h). O. Reg. 8/12, s. 3.

(2) Subsection (1) does not apply if, as of January 19, 2012, the Ontario Municipal Board or a joint board has completed its hearing of the matter but reserved its final decision. O. Reg. 8/12, s. 3.

Transition rules, continued

5.5 (1) Despite sections 5.3, 5.4, 5.6 and 5.7, any part of a matter that is described in section 2 and commenced before, on or after January 19, 2012 shall be continued and disposed of as if Amendment 1 (2012) had not come into effect if,

(a) the part of the matter is being undertaken to establish uses permitted by a minister’s order made under section 47 of the Planning Act; and

(b) the minister’s order mentioned in clause (a) has not been revoked. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 5.

(2) For greater certainty, subsection (1) applies even if the minister’s order mentioned in clause (1) (a) has been made but is not yet in effect. O. Reg. 8/12, s. 3.

Special rule

5.6 (1) Subject to subsections (7) and 5.7 (1), a matter that is required to be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012) and that meets all of the following criteria shall be continued and disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is a request for an official plan amendment described in clause 2 (a) or an official plan amendment described in clause 2 (b).

2. The official plan amendment, if approved, would designate lands inside an area of settlement as lands for urban uses, as that term is defined in Amendment 1 (2012).

3. The County of Simcoe has approved the official plan amendment.

4. As of January 19, 2012, the decision of the County of Simcoe to approve the official plan amendment has been appealed to the Ontario Municipal Board or a joint board, but the Ontario Municipal Board or joint board has not issued its final decision.

5. An application for the approval of a plan of subdivision under section 51 of the Planning Act or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998 has been made before January 19, 2012 for all or part of the same land with respect to which the matter mentioned in paragraph 1 relates. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 6 (1); O. Reg. 183/13, s. 7 (1).

(2) For the purposes of paragraph 5 of subsection (1), an application has been made only if the information and material required under subsections 51 (17) and (18) of the Planning Act and any fee required under section 69 or 69.1 of the Planning Act have been provided. O. Reg. 8/12, s. 3.

(3) Subject to subsection (4), if one or more matters mentioned in paragraph 1 of subsection (1) are being considered at a single hearing of the Ontario Municipal Board or a joint board and the matter or matters relate to more than 300 hectares, subsection (1) shall only apply to a portion of the land not exceeding 300 hectares. O. Reg. 8/12, s. 3.

(4) Subsection (1) shall not apply to land under subsection (3) unless the portion of land is also the subject of the application for approval of a plan of subdivision or the application for the approval of, or an exemption from an approval of, a condominium mentioned in paragraph 5 of subsection (1). O. Reg. 8/12, s. 3.

(5) Subject to subsection (7), a matter that meets all of the following criteria shall, despite any other provision of this Regulation except subsection (6), subsections 5.2 (2) and (3) and section 5.5, be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), and shall be disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is described in clause 2 (c), (d), (e), (f), (h) or (i) and commenced before, on or after January 19, 2012.

2. There was another matter described in clause 2 (a) or (b) to which subsection (1) applied.

3. The matter described in paragraph 1 relates to all or part of the land to which the matter described in paragraph 2 relates. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 6 (2); O. Reg. 183/13, s. 7 (2).

(6) Subsection (5) applies only with respect to the portion of land with respect to which policy 6.3.2.1 of the Plan applied under subsection (1). O. Reg. 8/12, s. 3; O. Reg. 183/13, s. 7 (3).

(7) For the purposes of continuing and disposing of a matter described in subsection (1) or (5) in accordance with policy 6.3.2.1 of the Plan, clause b) of the policy shall not apply. O. Reg. 22/13, s. 6 (3); O. Reg. 183/13, s. 7 (4).

Midhurst Settlement Area

5.7 (1) Subsections 5.6 (1) to (4) shall not apply to any lands within the Midhurst Settlement Area as set out in Amendment No. 38 to the Official Plan of the Township of Springwater that was approved by the County of Simcoe on October 12, 2011 and partially came into effect on November 28, 2012. O. Reg. 22/13, s. 7.

(2) Subject to subsection (3), a matter that meets the following criteria shall, despite any other provision of this Regulation except subsections 5.2 (2) and (3) and section 5.5, be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), and shall be disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is described in clause 2 (c), (d), (e), (f), (h) or (i) and commenced before, on or after January 19, 2012.

2. The matter relates to all or part of the land within the Midhurst Settlement Area whose designation as one of the following came into effect on November 28, 2012 when Amendment No. 38 to the Official Plan of the Township of Springwater that was approved by the County of Simcoe on October 12, 2011 partially came into effect:

i. Midhurst Transition Residential.

ii. Midhurst Low Density Residential.

iii. Midhurst Medium Density Residential.

iv. Midhurst High Density Residential/Mixed Use. O. Reg. 22/13, s. 7; O. Reg. 183/13, s. 8 (1).

(3) For the purposes of continuing and disposing of a matter described in subsection (2) in accordance with policy 6.3.2.1 of the Plan, clause b) of the policy shall not apply. O. Reg. 22/13, s. 7; O. Reg. 183/13, s. 8 (2).

Growth Plan for Northern Ontario

Transition rules

6. (1) This section applies with respect to the Growth Plan for Northern Ontario, 2011, that was approved under subsection 7 (6) of the Act on February 16, 2011 to come into effect on March 3, 2011. O. Reg. 38/11, s. 4.

(2) All matters described in section 2 that commenced before March 3, 2011 shall be continued and disposed of as if the Plan had not come into effect. O. Reg. 38/11, s. 4.

(3) Any part of a matter described in section 2 that commences on or after March 3, 2011 shall be continued and disposed of as if the Plan were not in effect if,

(a) the part of the matter is being undertaken to establish uses permitted by a minister’s order made under section 47 of the Planning Act, whether or not the minister’s order has come into effect; and

(b) the minister’s order has not been revoked. O. Reg. 38/11, s. 4.

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