O. Reg. 311/06: TRANSITIONAL MATTERS - GROWTH PLANS, Places to Grow Act, 2005, S.O. 2005, c. 13
Places to Grow Act, 2005
Transitional Matters — Growth Plans
Historical version for the period May 2, 2019 to May 15, 2019.
Last amendment: 85/19.
Legislative History: 324/06, 223/09, 38/11, 8/12, 22/13, 183/13, 204/17, 373/18, 85/19.
This is the English version of a bilingual regulation.
Definitions
1. (1) In this Regulation,
“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); O. Reg. 204/17, s. 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 3.1,
“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2006 that was approved under subsection 7 (6) of the Act on June 7, 2006 and came into effect on June 16, 2006 and that was revoked under subsection 7 (7) of the Act on May 16, 2017; (“Plan de croissance de 2006”)
Note: On May 16, 2019, the definition of “2006 Growth Plan” in section 2.0.1 of the Regulation is amended by striking out “on May 16, 2017” at the end and substituting “effective July 1, 2017”. (See: O. Reg. 85/19, s. 1 (1))
“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.
Note: On May 16, 2019, the definition of “2017 Growth Plan” in section 2.0.1 of the Regulation is amended by adding “and that was revoked under subsection 7 (7) of the Act effective May 16, 2019” at the end. (See: O. Reg. 85/19, s. 1 (2))
Note: On May 16, 2019, section 2.0.1 of the Regulation is amended by adding the following definition: (See: O. Reg. 85/19, s. 1 (3))
“2019 Growth Plan” means the Growth Plan for the Greater Golden Horseshoe 2019 that was approved under subsection 7 (6) of the Act on May 1, 2019 and came into effect on May 16, 2019. (“Plan de croissance de 2019”)
Growth Plan for the Greater Golden Horseshoe
Application of ss. 3 and 3.1
2.1 (1) Sections 3 and 3.1 apply with respect to the 2017 Growth Plan. O. Reg. 204/17, s. 3 (1, 2).
(2) On or after July 1, 2017, where section 3 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, 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).
Note: On May 16, 2019, section 2.1 of the Regulation is revoked and the following substituted: (See: O. Reg. 85/19, s. 2)
Application of ss. 3 and 3.1
2.1 (1) Where section 3 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 2019 Growth Plan, except as otherwise provided. O. Reg. 85/19, s. 2.
(2) Where section 3 requires a matter to be continued and disposed of in accordance with the Plan and the matter was commenced before May 16, 2019, the requirement shall be read as a requirement that the matter be continued and disposed of in accordance with the 2017 Growth Plan as it read before its revocation if, on May 16, 2019, the Local Planning Appeal Tribunal or a joint board has completed its hearing of the matter but reserved its final decision. O. Reg. 85/19, s. 2.
(3) Where section 3 or 3.1 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, the 2017 Growth Plan and the 2019 Growth Plan had not come into effect. O. Reg. 85/19, s. 2.
Transition rules
3. (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).
Note: On May 16, 2019, subsection 3 (1) of the Regulation is amended by striking out “On or after July 1, 2018” at the beginning. (See: O. Reg. 85/19, s. 3 (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).
Note: On May 16, 2019, subsection 3 (1.1) of the Regulation is amended by striking out “On or after July 1, 2018” at the beginning. (See: O. Reg. 85/19, s. 3 (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) to (8), 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); O. Reg. 373/18, s. 1 (1).
Note: On May 16, 2019, subsection 3 (5) of the Regulation is amended by striking out “subsections (6) to (8)” and substituting “subsection (6)”. (See: O. Reg. 85/19, s. 3 (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).
Note: On May 16, 2019, subsection 3 (7) of the Regulation is revoked. (See: O. Reg. 85/19, s. 3 (3))
(8) A matter that is described in section 2 and commenced on or after July 1, 2017 shall be continued and disposed of in accordance with the Plan, except subsection 2.2.7 of the Plan, but only as the matter relates to land that satisfies all of the following criteria:
1. The land is in the Greenbelt Area, as defined in subsection 1 (1) of the Greenbelt Act, 2005.
2. The land is in The Regional Municipality of Durham, The Regional Municipality of York, The Regional Municipality of Peel, The Regional Municipality of Halton or the City of Hamilton.
3. The land is within,
i. a Hamlet in the Protected Countryside for the purposes of the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005, as amended and revised in accordance with that Act,
ii. a Rural Settlement for the purposes of the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001, as amended and revised in accordance with that Act, or
iii. a Minor Urban Centre for the purposes of the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act, as amended and revised in accordance with that Act. O. Reg. 373/18, s. 1 (2).
Note: On May 16, 2019, subsection 3 (8) of the Regulation is revoked. (See: O. Reg. 85/19, s. 3 (3))
Transition rules, continued
3.1 (1) Despite section 3, 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; O. Reg. 204/17, 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. 223/09, s. 1; O. Reg. 8/12, s. 2.
4., 5. Revoked: 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 section 3. O. Reg. 204/17, s. 7.
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.