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Places to Grow Act, 2005

ONTARIO REGULATION 311/06

Transitional Matters — Growth Plans

Consolidation Period:  From July 1, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 204/17.

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”)

Note: On July 1, 2018, the definition of “approval authority” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 204/17, s. 1)

“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,

Note: On July 1, 2018, section 2.0.1 of the Regulation is amended by striking out “sections 2.1 to 5” in the portion before the definition of “2006 Growth Plan” and substituting “sections 2.1 to 3.1”. (See: O. Reg. 204/17, s. 2 (2))

“2006 Growth Plan” means 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 and that was revoked under subsection 7 (7) of the Act on May 16, 2017; (“Plan de croissance de 2006”)

“2017 Growth Plan” means the Growth Plan for the Greater Golden Horseshoe, 2017 that was approved under subsection 7 (6) of the Act on May 16, 2017 and came into effect on July 1, 2017. (“Plan de croissance de 2017”) O. Reg. 204/17, s. 2 (1).

Growth Plan for the Greater Golden Horseshoe

Application of ss. 3, 3.1, 4 and 5

2.1 (1) Sections 3, 3.1, 4 and 5 apply with respect to the 2017 Growth Plan. O. Reg. 204/17, s. 3 (1).

Note: On July 1, 2018, subsection 2.1 (1) of the Regulation is amended by striking out “Sections 3, 3.1, 4 and 5” at the beginning and substituting “Sections 3 and 3.1”. (See: O. Reg. 204/17, s. 3 (2))

(2) On or after July 1, 2017, 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 2017 Growth Plan, except as otherwise provided. O. Reg. 204/17, s. 3 (1).

Note: On July 1, 2018, subsection 2.1 (2) of the Regulation is amended by striking out “section 3, 4 or 5” and substituting “section 3”. (See: O. Reg. 204/17, s. 3 (3))

(3) On or after July 1, 2017, where a provision requires that a matter be continued and disposed of as if the Plan had not come into effect, the requirement shall be read as a requirement that the matter be continued and disposed of as if the 2006 Growth Plan and the 2017 Growth Plan had not come into effect. O. Reg. 204/17, s. 3 (1).

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).

Note: On July 1, 2018, subsection 3 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 204/17, s. 4 (1))

Transition rules

(1) On or after July 1, 2018, a matter that is described in clause 2 (a) or (b), is commenced before June 16, 2006 and would add any amount of land to an area of settlement or designate a new area of settlement of any size, shall be continued and disposed of in accordance with the Plan, subject to subsection (2). O. Reg. 204/17, s. 4 (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).

Note: On July 1, 2018, subsection 3 (1.1) of the Regulation is revoked and the following substituted: (See: O. Reg. 204/17, s. 4 (1))

(1.1) On or after July 1, 2018, a matter that is described in clause 2 (a) or (b), is commenced before June 16, 2006 and is not described in subsection (1) shall be continued and disposed of as if the Plan had not come into effect, subject to subsection (3). O. Reg. 204/17, s. 4 (1).

(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) Subject to subsections (6) and (7), 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. 204/17, s. 4 (2).

(6) A matter that is described in clause 2 (b) and commenced by an upper-tier or single-tier municipality after June 15, 2006 and before May 18, 2017 that would add any amount of land to an area of settlement shall be continued and disposed of in accordance with the 2006 Growth Plan as it read on June 16, 2006. O. Reg. 204/17, s. 4 (2).

(7) A matter that is described in section 2 and commenced on or after July 1, 2017 that relates to all or part of the land to which a matter referred to in subsection (6) relates shall be continued and disposed of in accordance with the Plan, except policy 2.2.7.2 of the Plan. O. Reg. 204/17, s. 4 (2).

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,

Note: On July 1, 2018, subsection 3.1 (1) of the Regulation is amended by striking out “sections 3, 4 and 5” in the portion before clause (a) and substituting “section 3”. (See: O. Reg. 204/17, s. 5)

(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).

Note: On July 1, 2018, section 4 of the Regulation is revoked. (See: O. Reg. 204/17, s. 6)

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).

Note: On July 1, 2018, section 5 of the Regulation is revoked. (See: O. Reg. 204/17, s. 6)

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

Simcoe Sub-area, transition rules

5.1 If any of sections 5.1 to 5.7, as they read immediately before July 1, 2017, applied to a matter that is described in section 2 and that was not finally disposed of on or before June 30, 2017, the matter shall be continued and disposed of in accordance with sections 3 to 5. O. Reg. 204/17, s. 7 (1).

Note: On July 1, 2018, section 5.1 of the Regulation is amended by striking out “sections 3 to 5” at the end and substituting “section 3”. (See: O. Reg. 204/17, s. 7 (2))

5.2-5.7 Revoked: O. Reg. 204/17, s. 7 (1).

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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