O. Reg. 197/96: CONSENT APPLICATIONS

Planning Act

ONTARIO REGULATION 197/96

Amended to O. Reg. 505/98

CONSENT APPLICATIONS

Historical version for the period September 14, 1998 to December 12, 2006.

This is the English version of a bilingual regulation.

PART I
CONSENT APPLICATIONS TO A MUNICIPAL COUNCIL

1. In this Part,

“approval authority” means,

(a) the municipal council that has the authority to grant a consent in respect of the land that is the subject of an application for a consent, and includes a delegate of the municipal council, or

(b) a municipal planning authority that has been delegated the authority to grant a consent in respect of the land that is the subject of an application for a consent, and includes a delegate of the municipal planning authority; (“autorité approbatrice”)

“official” means,

(a) the clerk of the municipality, where the approval authority is the council of the municipality, a committee of the council or an appointed officer,

(b) the secretary-treasurer of the land division committee or committee of adjustment, where the approval authority is the land division committee or committee of adjustment,

(c) 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; (“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”)

“subject land” means the land to be severed and the land to be retained. (“terrain visé”) O. Reg. 197/96, s. 1.

2. The information and material to be provided to the approval authority by an applicant under subsection 53 (1) of the Act are set out in the Schedule. O. Reg. 197/96, s. 2.

3. (1) Notice of an application for a consent under clause 53 (5) (a) of the Act shall be given in compliance with subsection (2) or (4) but need not be given in compliance with more than one of those subsections. O. Reg. 197/96, s. 3 (1); O. Reg. 505/98, 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 60 metres of the subject land as shown on the last revised assessment roll of the municipality. However, if a condominium development is located within 60 metres of the subject land, 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 of the application 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 that constitutes the subject land, or, where posting on the property is impractical, at a nearby location chosen by the official. O. Reg. 197/96, s. 3 (2).

(3) Revoked: O. Reg. 505/98, 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 subject land that it would give the public in the area reasonable notice of the application. O. Reg. 197/96, 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. 505/98, s. 1 (3).

(6) Every person and public body that has given the approval authority a written request for notice of the application for consent under clause 53 (5) (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.

(7) A written request under subsection (6) shall show the address of the person or the public body. O. Reg. 197/96, s. 3 (6, 7).

(8) Notice of an application for consent under clause 53 (5) (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 in which the subject land is situate.

2. The clerk of every county and every regional or district municipality in which the subject land is situate.

3. The secretary-treasurer of a conservation authority, if the subject land is within an area that is under the jurisdiction of a conservation authority.

4. TransCanada Pipelines, if any of the subject land is within 200 metres of a pipeline owned and operated by TransCanada Pipelines.

5. If the subject land is within or abuts 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 abuts that land.

6. The Niagara Parks Commission, if any of the subject land adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission.

7. The St. Lawrence Parks Commission, if any of the subject land 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.

8. 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 subject land. O. Reg. 197/96, s. 3 (8); O. Reg. 505/98, s. 1 (4).

(9) Notice of an application for consent under clause 53 (5) (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 consent. O. Reg. 197/96, s. 3 (9); O. Reg. 505/98, s. 1 (5).

(10) Notice of an application for consent shall include the following:

1. An explanation of the purpose and effect of the application for consent.

2. A description of the land or key map showing the location of the land which is the subject of the application.

3. Where and when additional information regarding the application 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 consent does not make written submissions to (name of the approval authority) before it gives or refuses to give a provisional consent, 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 the proposed consent, you must make a written request to (name and address of the approval authority).

6. If it is known that the land which is the subject of the application for consent 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.

(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.

(12) Where a local municipality gives notice of an application for consent pursuant to a request by an approval authority under subsection 53 (7.1) of the Act, the approval authority may request the local municipality to include in a notice under subsection (8) a request that written comments be submitted to the approval authority.

(13) Despite subsection (10), if notice is given by posting on the property, the notice shall include the following:

1. An explanation of the purpose and effect of the application for consent.

2. Where and when additional information regarding the application will be available to the public for inspection.

3. How to obtain a copy of the written notice of the application. O. Reg. 197/96, s. 3 (10-13).

4. Where a local municipality gives notice of an application for consent pursuant to a request by an approval authority under subsection 53 (7.1) 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 certifying that the requirements for the giving of notice under clause 53 (5) (a) of the Act have been complied with. O. Reg. 197/96, s. 4.

5. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 53 (15) (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. If a public meeting is held, a copy of the minutes of the public meeting, if any, and a list of all persons and public bodies that made oral submissions at the public meeting.

5. A copy of any planning report considered by the approval authority. O. Reg. 197/96, s. 5.

6. (1) Notice of the decision of the approval authority under subsection 53 (17) of the Act shall include the following:

1. A copy of the decision of the approval authority including the conditions, 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, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.

3. If applicable, the following statement:

You will be entitled to receive notice of any changes to the conditions of the provisional consent if you have made a written request to be notified of changes to the conditions of the provisional consent.

4. The following statement:

Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent 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.

5. If it is known that the land which is the subject of the application for consent 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. 197/96, s. 6 (1).

(2) Notice of the decision of the approval authority under subsection 53 (17) 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 decisions of the approval authority. O. Reg. 197/96, s. 6 (2); O. Reg. 505/98, s. 2.

7. (1) Notice of changes to the conditions of a provisional consent under subsection 53 (24) of the Act shall include the following:

1. The proposed changes.

2. The last date for filing a notice of appeal of the conditions of the provisional consent 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.

3. The following statement:

Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent 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. 197/96, s. 7 (1).

(2) Notice of changes to the conditions of a provisional consent under subsection 53 (24) 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 provisional consents. O. Reg. 197/96, s. 7 (2); O. Reg. 505/98, s. 3.

8. A record to be compiled by the approval authority and forwarded to the Municipal Board under clause 53 (28) (a) of the Act shall include the following:

1. The original or a certified copy of the application received by the approval authority.

2. A copy of the decision of the approval authority.

3. The original or a certified copy of the notice of appeal and the date it was received.

4. The original or a copy of all written submissions and comments received.

5. If notice of an application for consent is given by the local municipality, the affidavit or sworn declaration submitted to the approval authority under paragraph 2 of section 4.

6. If notice of an application for consent is given by the approval authority, an affidavit or sworn declaration of an employee of the approval authority certifying that the requirements for the giving of notice under subsections 53 (17) and (24) of the Act have been complied with.

7. If a public meeting was held, a copy of the minutes of the public meeting, if any, and a list of all persons and public bodies that made oral submissions at the public meeting.

8. A copy of any planning report considered by the approval authority. O. Reg. 197/96, s. 8.

9. (1) If the approval authority, in granting a consent, has not stipulated that subsection 50 (3) or (5) of the Act shall apply to any subsequent conveyance of or transaction involving the same parcel, the certificate required under subsection 53 (42) of the Act shall be one of the following:

1. A stamp in Form 1, if the certificate is affixed to a deed or other document relating to the transaction in respect of which the consent has been given.

2. A Certificate in Form 2 in all other cases.

(2) If the approval authority, in granting a consent, has stipulated that subsection 50 (3) or (5) of the Act shall apply to any subsequent conveyance of or transaction involving the same parcel, the certificate required under subsection 53 (42) of the Act shall be one of the following:

1. A stamp in Form 3, if it is affixed to a deed or other document relating to the transaction in respect of which the consent has been given.

2. A Certificate in Form 4 in all other cases. O. Reg. 197/96, s. 9.

PART II
CONSENT APPLICATIONS TO THE MINISTER

10. The information and material to be provided to the Minister by an applicant under subsection 53 (1) of the Act are set out in the Schedule. O. Reg. 197/96, s. 10.

11. (1) Notice under clause 53 (5) (a) of the Act of an application for consent shall be given in one of the following ways:

1. Publication in a newspaper that, in the opinion of the Minister is of sufficiently general circulation in the area adjoining the subject land that it would give the public in the area reasonable notice of the application.

2. Personal service or prepaid first class mail to every owner of land within 60 metres of the subject land as shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown in the roll. However, if a condominium development is located within 60 metres of the subject land, 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) Every person and public body that has given the Minister a written request for notice of an application for consent under clause 53 (5) (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.

(3) A written request under subsection (2) shall show the address of the person or the public body. O. Reg. 197/96, s. 11.

12. Where a local municipality or planning board gives notice of an application for consent pursuant to a request by the Minister under subsection 53 (7.1) of the Act, it shall submit to the Minister 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 under clause 53 (5) (a) of the Act have been complied with. O. Reg. 197/96, s. 12.

13. Sections 5 to 9 apply with necessary modifications to applications for consent to the Minister and the Minister shall be deemed to be the approval authority and an employee of the Ministry of Municipal Affairs and Housing shall be deemed to be the official. O. Reg. 197/96, s. 13.

14. Omitted (revokes other Regulations and provides for transition). O. Reg. 197/96, s. 14.

15. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 197/96, s. 15.

SCHEDULE
INFORMATION AND MATERIAL TO BE INCLUDED IN AN APPLICATION UNDER SUBSECTION 53 (1) 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 type and the purpose of the proposed transaction, such as a transfer for the creation of a new lot, a lot addition, an easement, a charge, a lease or a correction of title.

3. If known, the name of the person to whom the land or an interest in the land is to be transferred, charged or leased.

4. The description of the subject land, such as the municipality or geographic township in territory without municipal organization, concession and lot numbers, registered plan and lot numbers, reference plan and part numbers and name of street and number.

5. Whether there are any easements or restrictive covenants affecting the subject land and a description of each easement or covenant and its effect.

6. The following information regarding the land intended to be severed and the land to be retained:

i. The frontage, depth and the area.

ii. The existing and proposed uses of the land.

iii. The existing and proposed buildings and structures on the land.

iv. 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.

v. If access to the subject land is by water only, the parking and docking facilities to be used and the approximate distance of these facilities from the subject land and the nearest public road.

vi. 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.

vii. 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, a privy or other means.

7. The current designation of the subject land in any applicable official plan.

8. If it is 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 a consent under section 53 of the Act and if it has, the file number of the application and the decision on the application.

9. Whether any land has been severed from the parcel originally acquired by the owner of the subject land.

10. If the answer to item 9 is yes, the date of the transfer, the name of the transferee and the land use on the severed land.

11. 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, an approval of a plan of subdivision or a consent.

12. If the answer to item 11 is yes and if known, the file number of the application and the status of the application.

13. A sketch showing the following:

i. The boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land.

ii. The distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing.

iii. The boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained.

iv. The location of all land previously severed from the parcel originally acquired by the current owner of the subject land.

v. The approximate location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land that, in the opinion of the applicant may affect the application. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks.

vi. The existing uses on adjacent land, such as residential, agricultural and commercial uses.

vii. The location, width and name of any roads within or abutting the subject land indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

viii. If access to the subject land is by water only, the location of the parking and boat docking facilities to be used.

ix. The location and nature of any easement affecting the subject land.

14. 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.

15. An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is true.

O. Reg. 197/96, Sched.

FORM 1
CERTIFICATE OF OFFICIAL

Planning Act

O. Reg. 197/96, Form 1.

FORM 2
CERTIFICATE OF OFFICIAL

Planning Act

O. Reg. 197/96, Form 2.

FORM 3
CERTIFICATE OF OFFICIAL

Planning Act

O. Reg. 197/96, Form 3.

FORM 4
CERTIFICATE OF OFFICIAL

Planning Act

O. Reg. 197/96, Form 4.