O. Reg. 196/96: PLANS OF SUBDIVISION, Planning Act, R.S.O. 1990, c. P.13
Planning Act
ONTARIO REGULATION 196/96
Amended to O. Reg. 259/00
PLANS OF SUBDIVISION
Historical version for the period May 2, 2000 to December 12, 2006.
This is the English version of a bilingual regulation.
1. In this Regulation,
“official” means,
(a) the clerk of the municipality where the approval authority is the council of the municipality, a committee of council or an appointed officer,
(b) the secretary-treasurer of the municipal planning authority where the approval authority is a municipal planning authority, a committee of the municipal planning authority or an appointed officer,
(c) the secretary-treasurer of the planning board where the approval authority is a planning board, and
(d) an employee of the Ministry of Municipal Affairs and Housing where the approval authority is the Minister; (“fonctionnaire”)
“reserve” means a tract of land, the legal title of which is vested in the Crown in right of Canada, that has been set apart by the Crown for the use and benefit of a First Nation. (“réserve”) O. Reg. 196/96, s. 1.
2. The information and material to be provided by the applicant under subsection 51 (17) of the Act are set out in the Schedule. O. Reg. 196/96, s. 2.
3. (1) Notice of an application for approval of a plan of subdivision under clause 51 (20) (a) of the Act shall be given in compliance with subsection subsection (2) or (4) but need not be given in compliance with more than one of those subsections. O. Reg. 196/96, s. 3 (1); O. Reg. 504/98, s. 1 (1).
(2) Notice under subsection (1) may be given by doing both of the following:
1. Giving notice by personal service or prepaid first class mail to every owner of land within 120 metres of the area covered by the proposed plan of subdivision and every owner of land within 120 metres of the land that abuts the area covered by the proposed plan of subdivision and that is owned by the same person that owns the land that is the subject of the proposed plan of subdivision. However, where a condominium development is located within 120 metres of the area, notice may be given to the condominium corporation, according to its most recent address for service or mailing address as registered under section 3 of the Condominium Act, instead of being given to all owners assessed in respect of the condominium development.
2. Posting a notice, clearly visible and legible from a public highway or other place to which the public has access, at every separately assessed property in the area to which the proposed plan of subdivision would apply, or, where posting on the property is impractical, at a nearby location chosen by the official. O. Reg. 196/96, s. 3 (2).
(3) Revoked: O. Reg. 504/98, s. 1 (2).
(4) Notice under subsection (1) may be given by publication in a newspaper that, in the opinion of the official, is of sufficiently general circulation in the area adjoining the proposed plan of subdivision that it would give the public reasonable notice of the application. O. Reg. 196/96, s. 3 (4).
(5) For the purposes of subsection (2), the owner of land shall be deemed to be the person shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the approval authority is a municipality and the clerk of the municipality has received written notice of a change of ownership, the notice shall be given instead to the new owner at the address set out in the notice. O. Reg. 504/98, s. 1 (3).
(6) Every person and public body that has given the approval authority a written request for notice of an application for approval of a plan of subdivision under clause 51 (20) (a) of the Act shall be given notice of the application by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice. O. Reg. 196/96, s. 3 (6).
(7) A written request under subsection (6) shall show the address of the person or the public body. O. Reg. 196/96, s. 3 (7).
(8) Notice of an application for approval of a plan of subdivision under clause 51 (20) (a) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to all of the following persons and public bodies except those who have notified the approval authority that they do not wish to receive notice:
1. The clerk of every local municipality or the secretary-treasurer of every municipal planning authority or planning board having jurisdiction in the area covered by the proposed plan of subdivision.
2. The clerk of every county and regional or district municipality having jurisdiction in the area covered by the proposed plan of subdivision.
3. The secretary of every school board having jurisdiction in the area covered by the proposed plan of subdivision.
4. The secretary-treasurer of every conservation authority having jurisdiction in the area covered by the proposed plan of subdivision.
5. The secretary of every municipal or other corporation operating an electric utility in the local municipality or planning area in which the proposed plan of subdivision is located.
6. The Executive Vice-President, Law and Development, of Ontario Power Generation Inc.
6.1 The secretary of Hydro One Inc.
7. The secretary of every company operating a natural gas utility in the local municipality or planning area in which the proposed plan of subdivision is located.
8. The secretary of every company operating an oil or natural gas pipeline in the local municipality or planning area in which the proposed plan of subdivision is located.
9. The chair or secretary of the local Architectural Conservation Advisory Committee, if any, and if the area covered by the proposed plan of subdivision includes or adjoins a property or district designated under Part IV or V of the Ontario Heritage Act.
10. If the land that is covered by the proposed plan of subdivision is within or adjoins the area covered by the Niagara Escarpment Plan,
i. the senior planner of the district office of the Niagara Escarpment Commission having jurisdiction over that land, and
ii. the senior planner of the district office of the Niagara Escarpment Commission having jurisdiction over the area that adjoins the land that is covered by the proposed plan of subdivision.
11. The Niagara Parks Commission, if any of the land covered by the proposed plan of subdivision adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission.
12. The St. Lawrence Parks Commission, if any part of the area covered by the proposed plan of subdivision adjoins the 1000 Islands Parkway and is within the jurisdiction of the St. Lawrence Parks Commission under section 9 of the St. Lawrence Parks Commission Act.
13. The clerk of every municipality and the secretary-treasurer of every municipal planning authority or planning board, if any part of the municipality, municipal planning area or planning area is within one kilometre of the area covered by the proposed plan of subdivision.
14. The chief of every First Nation council, if the First Nation is located on a reserve any part of which is within one kilometre of the area covered by the proposed plan of subdivision. O. Reg. 196/96, s. 3 (8); O. Reg. 504/98, s. 1 (4); O. Reg. 220/99, s. 1; O. Reg. 259/00, s. 1.
(9) Where the approval authority of a proposed plan of subdivision is not the Minister, notice of an application for approval of a plan of subdivision under clause 51 (20) (a) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the approval authority a written request to be given notice of applications for approval of plans of subdivision. O. Reg. 196/96, s. 3 (9); O. Reg. 504/98, s. 1 (5).
(10) Notice of an application for approval of a plan of subdivision shall include the following:
1. A description of the proposed plan of subdivision.
2. A description of the land or a key map showing the location of the land proposed to be subdivided.
3. Where and when additional information regarding the proposed plan of subdivision will be available to the public for inspection.
4. The following statement:
If a person or public body that files an appeal of a decision of (name of the approval authority) in respect of the proposed plan of subdivision does not make oral submissions at the public meeting, if one is held, or make written submissions to (name of the approval authority) before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal.
5. The following statement:
If you wish to be notified of the decision of (name of the approval authority) in respect of this proposed plan of subdivision, you must make a written request to (name and address of the approval authority).
6. If it is known that the land proposed to be subdivided is the subject of an application under the Act for an amendment to an official plan, a zoning by-law, a Minister’s zoning order or a minor variance, a statement of that fact and the file number of the application. O. Reg. 196/96, s. 3 (10).
(11) A notice given to the persons and public bodies set out in subsections (8) and (9) shall also include a copy of the application. O. Reg. 196/96, s. 3 (11).
(12) Where a local municipality or planning board gives notice of an application for approval of a plan of subdivision pursuant to a request by an approval authority under subsection 51 (21) of the Act, the approval authority may request the local municipality or planning board to include in a notice under subsection (8) a request that written comments be submitted to the approval authority. O. Reg. 196/96, s. 3 (12).
(13) Despite subsection (10), if notice is given by posting on the property, the notice shall include the following:
1. A description of the proposed plan of subdivision.
2. Where and when additional information regarding the proposed plan of subdivision will be available to the public for inspection.
3. How to obtain a copy of the written notice of the application. O. Reg. 196/96, s. 3 (13).
4. (1) If the land that is the subject of an application for approval of a plan of subdivision under subsection 51 (16) of the Act is located in a municipality or in the planning area of a planning board, the approval authority shall ensure that a public meeting under clause 51 (20) (b) of the Act is held. O. Reg. 196/96, s. 4 (1).
(2) Subsections 3 (1) to (9) apply with necessary modifications to the giving of notice of a public meeting under subsection (1). O. Reg. 196/96, s. 4 (2).
(3) The notice of a public meeting shall include the following:
1. The date, time and location of the public meeting.
2. A description of the proposed plan of subdivision.
3. A description of the land or a key map showing the location of the land proposed to be subdivided.
4. The following statement:
If a person or public body that files an appeal of a decision of (name of the approval authority) in respect of the proposed plan of subdivision, does not make oral submissions at the public meeting, if one is held, or make written submissions to (name of the approval authority) before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. O. Reg. 196/96, s. 4 (3).
(4) Despite subsection (3), if notice of a public meeting is given by posting on the property, the notice shall include the following:
1. The date, time and location of the public meeting.
2. A description of the proposed plan of subdivision.
3. Where and when additional information regarding the proposed plan of subdivision will be available to the public for inspection.
4. How to obtain a copy of the written notice of the public meeting. O. Reg. 196/96, s. 4 (4).
5. The public meeting mentioned in section 4 shall be held no sooner than 14 days after the requirements for the giving of notice of a public meeting have been complied with. O. Reg. 196/96, s. 5.
6. Where a local municipality or planning board gives notice of an application for approval of a plan of subdivision pursuant to a request by an approval authority under subsection 51 (21) of the Act, it shall submit to the approval authority both of the following:
1. A certified copy of the written notice of the application.
2. An affidavit or sworn declaration by an employee of the local municipality or planning board certifying that the requirements for the giving of notice of an application under clause 51 (20) (a) of the Act have been complied with. O. Reg. 196/96, s. 6.
7. Where a local municipality or planning board holds a public meeting pursuant to a request by an approval authority under subsection 51 (21) of the Act, it shall submit the following to the approval authority:
1. The original or a copy of all written submissions and comments received by the local municipality or the planning board on or before the day the public meeting was held.
2. An affidavit or sworn declaration by an employee of the local municipality or the planning board certifying that the requirements for the giving of notice and the holding of a public meeting under clause 51 (20) (b) of the Act have been complied with.
3. An affidavit or sworn declaration by an employee of the local municipality or the planning board listing all persons and public bodies that made oral submissions at the public meeting.
4. A copy of the minutes of the public meeting, if any. O. Reg. 196/96, s. 7.
8. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 51 (35) (a) of the Act shall include the following:
1. The original or a certified copy of the application received by the approval authority.
2. The original or a certified copy of the notice of appeal and the date it was received.
3. The original or a copy of all written submissions and comments received.
4. Where the local municipality or planning board gives notice of an application for approval of a plan of subdivision, the affidavit or sworn declaration submitted to the approval authority under paragraph 2 of section 6.
5. Where the approval authority gives notice of an application for approval of a plan of subdivision, an affidavit or sworn declaration of an employee of the approval authority certifying that the requirements for the giving of notice under clause 51 (20) (a) of the Act have been complied with.
6. Where the local municipality or planning board gives notice and holds the public meeting, the affidavit or sworn declaration submitted to the approval authority under paragraph 2 of section 7.
7. Where the approval authority gives notice and holds the public meeting, an affidavit or sworn declaration of an employee of the approval authority certifying that the requirements for the giving of notice and the holding of the public meeting under clause 51 (20) (b) of the Act have been complied with.
8. Where the local municipality or planning board holds the public meeting, the affidavit or sworn declaration submitted to the approval authority under paragraph 3 of section 7.
9. Where the approval authority holds the public meeting, an affidavit or sworn declaration of an employee of the approval authority listing all persons and public bodies that made oral submissions at the public meeting.
10. A copy of the minutes of the public meeting, if any.
11. A copy of any planning report considered by the approval authority. O. Reg. 196/96, s. 8.
9. (1) Notice of the decision of an approval authority under subsection 51 (37) of the Act shall include the following:
1. A copy of the decision of the approval authority, including the conditions and the lapsing provision, if any.
2. The last date for filing a notice of appeal of the decision of the approval authority and a statement that the notice of appeal must be filed with the approval authority setting out the reasons for the appeal and be accompanied by the fee required by the Ontario Municipal Board.
3. A statement that the applicant or any public body may, at any time before the approval of the final plan of subdivision, appeal any of the conditions imposed by the approval authority to the Ontario Municipal Board by filing with the approval authority a notice of appeal.
4. If applicable, the following statement:
You will be entitled to receive notice of any changes to the conditions of approval of the proposed plan of subdivision if you have made a written request to be notified of changes to the conditions of approval of the proposed plan of subdivision.
5. The following statement:
Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.
6. If it is known that the land proposed to be subdivided is the subject of an application under the Act for an amendment to an official plan, a zoning by-law, a Minister’s zoning order or a minor variance, a statement of that fact and the file number of the application. O. Reg. 196/96, s. 9 (1).
(2) Where the approval authority of a proposed plan of subdivision is not the Minister, notice of the decision of an approval authority under subsection 51 (37) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the approval authority a written request to be given notice of its decisions on applications for approval of plans of subdivision. O. Reg. 196/96, s. 9 (2); O. Reg. 504/98, s. 2.
10. (1) Notice of changes to the conditions of approval of a plan of subdivision under subsection 51 (45) of the Act shall include the following:
1. A copy of the proposed changes to the conditions of draft approval.
2. A statement that the applicant or any public body may, at any time before the approval of the final plan of subdivision, appeal any of the conditions of draft approval to the Ontario Municipal Board by filing a notice of appeal with the approval authority.
3. The last date for filing a notice of appeal of the conditions of draft approval and a statement that the notice of appeal must be filed with the approval authority, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.
4. The following statement:
Only individuals, corporations or public bodies may appeal decisions in respect of a proposed plan of subdivision to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. O. Reg. 196/96, s. 10 (1).
(2) Where the approval authority of a proposed plan of subdivision is not the Minister, notice of changes to the conditions of approval of a plan of subdivision under subsection 51 (45) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the director of the Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing, if the director has given the approval authority a written request to be given notice of changes to the conditions of approval of plans of subdivision. O. Reg. 196/96, s. 10 (2); O. Reg. 504/98, s. 3.
11. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 51 (50) (a) of the Act shall include the following:
1. The information and material set out in section 8.
2. A copy of the decision of the approval authority, including the conditions and the lapsing provision, if any.
3. If applicable, an affidavit or sworn declaration by an employee of the approval authority certifying that the requirements for the giving of notice of the decision under subsection 51 (37) of the Act have been complied with.
4. If applicable, a copy of the proposed changes to the conditions of draft approval.
5. If applicable, an affidavit or sworn declaration by an employee of the approval authority certifying that the requirements for the giving of notice of change of conditions under subsection 51 (45) of the Act have been complied with. O. Reg. 196/96, s. 11.
12. Sections 3 to 7 do not apply to an application for approval of a condominium description. O. Reg. 196/96, s. 12.
13. Omitted (revokes other Regulations and provides for transition). O. Reg. 196/96, s. 13.
14. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 196/96, s. 14.
SCHEDULE
INFORMATION AND MATERIAL TO BE PROVIDED IN AN APPLICATION UNDER SUBSECTION 51 (17) OF THE ACT
1. The name, address and telephone number of the owner of the subject land and of the agent if the applicant is an agent authorized by the owner.
2. The description of the subject land, such as the municipality or geographic township in territory without municipal organization, concession and lot numbers, reference plan and part numbers and name of street and number.
3. Whether there are any easements or restrictive covenants affecting the subject land and a description of each easement or covenant and its effect.
4. If known, whether the subject land has ever been the subject of an application for approval of a plan of subdivision under section 51 of the Act or for a consent under section 53 of the Act and if the answer is yes and if known, the file number of the application and the decision on the application.
5. The number of units or dwellings for each of the following uses and the total number of units or dwellings: detached residential, semi-detached residential, multiple attached residential, apartment residential, seasonal residential, mobile home, other residential, commercial, industrial, institutional or other use.
6. The number of lots or blocks shown on the draft plan for each of the following uses and the total number of lots or blocks: detached residential, semi-detached residential, multiple attached residential, apartment residential, seasonal residential, mobile home, other residential, commercial, industrial, park or open space, institutional, roads, or other use.
7. The area of land in hectares of each of the following uses and the total area of land: detached residential, semi-detached residential, multiple attached residential, apartment residential, seasonal residential, mobile home, other residential, commercial, industrial, park or open space, institutional, roads, or other use.
8. The number of units or dwellings per hectare for each of the following uses and the total number of units or dwellings per hectare: detached residential, semi-detached residential, multiple attached residential, apartment residential, seasonal residential, mobile home, other residential, commercial, industrial, institutional and other use.
9. The number of parking spaces for each of the following uses and the total number of parking spaces: multiple attached residential, apartment residential, seasonal residential, mobile home, other residential, commercial, industrial, institutional and other use and the number of parking spaces for detached residential and semi-detached residential if the application is for approval of a condominium description.
10. A description of the use, if one of the proposed uses referred to in item 5, 6, 7, 8 or 9 is identified as “other residential”, “institutional” or “other use”.
11. The current designation of the land in any applicable official plan.
12. If known, whether the subject land is the subject of any other application under the Act, such as an application for an amendment to an official plan, a zoning by-law, a Minister’s zoning order, a minor variance, a consent or a site plan.
13. If the answer to item 12 is yes and if known, the file number of the application and the status of the application.
14. Whether access to the land will be by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way or by water.
15. If access to the subject land is by water only, the parking and docking facilities to be used and the appropriate distance of these facilities from the subject land and the nearest public road.
16. Whether water will be provided by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake or other water body or other means.
17. Whether sewage disposal will be provided by a publicly owned and operated sanitary sewage system, a privately owned and operated individual or communal septic system or other means.
18. Whether storm drainage will be provided by sewers, ditches, swales or other means.
19. If the application is for approval of a condominium description, the following:
i. Whether a site plan for the proposed condominium has been approved and whether a site plan agreement has been entered into.
ii. Whether a building permit for the proposed condominium has been issued.
iii. Whether the proposed condominium is under construction or has been completed.
iv. If construction of the proposed condominium has been completed, the date of completion.
v. Whether the proposed condominium is a conversion of a building containing residential rental units and the number of units to be converted.
20. If the applicant is not the owner of the subject land, the written authorization of the owner that the applicant is authorized to make the application.
21. An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is true.
O. Reg. 196/96, Sched.