O. Reg. 198/96: OFFICIAL PLANS AND PLAN AMENDMENTS, Planning Act, R.S.O. 1990, c. P.13

Planning Act

ONTARIO REGULATION 198/96

Amended to O. Reg. 543/06

OFFICIAL PLANS AND PLAN AMENDMENTS

Note: This Regulation was revoked on January 1, 2007. See: O. Reg. 543/06, ss. 16, 17.

This is the English version of a bilingual regulation.

1. In this Regulation,

“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. O. Reg. 198/96, s. 1.

2. (1) Notice of a public meeting to inform the public of a proposed official plan or plan amendment under clause 17 (15) (c) 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. 198/96, s. 2 (1); O. Reg. 506/98, 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 to which the proposed official plan or plan amendment would apply. However, if 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 of the meeting, 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 official plan or plan amendment would apply or, where posting on the property is impractical, at a nearby location chosen by the clerk of the municipality or the secretary-treasurer of the planning board. O. Reg. 198/96, s. 2 (2).

(3) Revoked: O. Reg. 506/98, s. 1 (2).

(4) Notice under subsection (1) may be given by publication in a newspaper that, in the opinion of the clerk of the municipality or the secretary-treasurer of the planning board, is of sufficiently general circulation in the area to which the proposed official plan or plan amendment would apply that it would give the public reasonable notice of the public meeting. O. Reg. 198/96, s. 2 (4).

(5) Forthe 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. 506/98, s. 1 (3).

(6) Every person and public body that has given the clerk of the municipality or the secretary-treasurer of the planning board a written request for notice of a public meeting in respect of a proposed official plan or plan amendment shall be given notice of the meeting by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice. O. Reg. 198/96, s. 2 (6).

(7) A written request under subsection (6) shall show the address of the person or the public body. O. Reg. 198/96, s. 2 (7).

(8) Notice of a public meeting to inform the public of a proposed official plan or plan amendment under clause 17 (15) (c) 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 clerk of the municipality or the secretary-treasurer of the planning board that they do not wish to receive notice:

1. The clerk of the approval authority of the proposed official plan or plan amendment, if the approval authority is not the Minister.

2. The clerk of every municipality or the secretary-treasurer of every municipal planning authority having jurisdiction in the area to which the proposed official plan or plan amendment would apply.

3. The secretary of every school board having jurisdiction in the area to which the proposed official plan or plan amendment would apply.

4. The secretary-treasurer of every conservation authority having jurisdiction in the area to which the proposed official plan or plan amendment would apply.

5. The secretary of every company operating a natural gas utility in the local municipality or planning area to which the proposed official plan or plan amendment would apply.

6. The secretary of every company operating an oil or natural gas pipeline in the local municipality or planning area to which the proposed official plan or plan amendment would apply.

7. The Executive Vice-President, Law and Development, of Ontario Power Generation Inc.

7.1 The secretary of Hydro One Inc.

8. If the land to which the proposed official plan or plan amendment would apply 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 in the area to which the proposed official plan or plan amendment would apply, and

ii. the senior planner of the district office of the Niagara Escarpment Commission having jurisdiction in the area which abuts the land to which the proposed official plan or plan amendment would apply.

9. The Niagara Parks Commission, if any of the land to which the proposed official plan or plan amendment would apply adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission.

10. The St. Lawrence Parks Commission, if any part of the area to which the proposed official plan or plan amendment would apply 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.

11. The clerk of every municipality or the secretary-treasurer of every municipal planning authority or planning board any part of which is within one kilometre of the area to which the proposed official plan or plan amendment would apply.

12. 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 to which the proposed official plan or plan amendment would apply. O. Reg. 198/96, s. 2 (8); O. Reg. 221/99, s. 1; O. Reg. 260/00, s. 1.

(9) Notice of a public meeting to inform the public of a proposed official plan or plan amendment being considered for adoption by the council of a county, a regional municipality, the District of Muskoka or the County of Oxford 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 unless the director has notified the clerk of the municipality or the secretary-treasurer of the planning board that he or she does not wish to receive notice of public meetings to inform the public of proposed official plans or plan amendments. O. Reg. 198/96, s. 2 (9); O. Reg. 506/98, s. 1 (4).

(10) Where the approval authority of a proposed official plan or plan amendment is the Minister, notice of a public meeting to inform the public of a proposed official plan or plan amendment being considered for adoption by the council of a local municipality 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, unless the director has notified the clerk of the municipality or the secretary-treasurer of the planning board that he or she does not wish to receive notice of public meetings to inform the public of proposed official plans or plan amendments. This subsection applies whether or not the proposed official plan or plan amendment is exempt from approval under subsection 17 (9) or (10) of the Act. O. Reg. 198/96, s. 2 (10); O. Reg. 506/98, s. 1 (5).

(11) Where the approval authority of a proposed official plan or plan amendment is not the Minister, notice of a public meeting to inform the public of a proposed official plan or plan amendment being considered for adoption by the council of a local municipality 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 clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of public meetings in respect of proposed official plans or plan amendments. This subsection applies whether or not the proposed official plan or plan amendment is exempt from approval under subsection 17 (9) or (10) of the Act. O. Reg. 198/96, s. 2 (11); O. Reg. 506/98, s. 1 (6).

(12) The notice of a public meeting shall include the following:

1. The date, time and location of the public meeting.

2. An explanation of the purpose and effect of the proposed official plan or plan amendment.

3. A description of the land or a key map showing the land to which the proposed official plan or plan amendment would apply, or, alternatively, an explanation as to why a description or key map is not provided.

4. Where and when a copy of the proposed official plan or plan amendment and background materials, if any, will be made available to the public for inspection.

5. The following statement:

If you wish to be notified of the adoption of the proposed official plan (or official plan amendment), you must make a written request to (name and address of the municipality or planning board).

6. The following statement:

If a person or public body that files a notice of appeal of a decision of (name of the municipality or planning board) in respect of the proposed official plan (or official plan amendment) does not make oral submissions at a public meeting or make written submissions to (name of the municipality or planning board) before the proposed official plan (or official plan amendment) is adopted, the Ontario Municipal Board may dismiss all or part of the appeal.

7. If it is known that the land to which the proposed official plan or plan amendment applies is the subject under the Act for an amendment to a zoning by-law, a Minister’s zoning order or a minor variance or for approval of a plan of subdivision or a consent, a statement of that fact and the file number of the application. O. Reg. 198/96, s. 2 (12).

(13) Despite subsection (12), if notice of the 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. An explanation of the purpose and effect of the proposed official plan or plan amendment.

3. Where and when a copy of the proposed official plan or plan amendment and background materials, if any, will be made available to the public for inspection.

4. How to obtain a copy of the written notice of the public meeting. O. Reg. 198/96, s. 2 (13).

(14) A notice given under paragraph 1 of subsection (8) or under subsection (9), (10) or (11) shall also include a copy of the proposed official plan or plan amendment. O. Reg. 506/98, s. 1 (7).

3. Notice of the adoption of a proposed official plan or plan amendment under subsection 17 (23) of the Act shall include the following:

1. The date that the by-law adopting the proposed official plan or plan amendment was passed.

2. The purpose and effect of the proposed official plan or plan amendment.

3. Where and when information in respect of the proposed official plan or plan amendment will be made available to the public for inspection.

4. Where the proposed official plan or plan amendment requires approval from the approval authority under subsection 17 (22) of the Act,

i. a statement that any person or public body will be entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, and

ii. the name and address of the approval authority to which the proposed official plan or plan amendment will be submitted for approval.

5. Where the proposed official plan or plan amendment is exempt from approval under subsection 17 (9) or (10) of the Act,

i. The last date for filing a notice of appeal and a statement that the notice of appeal must be filed with the clerk of the municipality or the secretary-treasurer of the planning board, must set out the specific part of the proposed official plan or plan amendment to which the appeal applies and the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.

ii. The following statement:

The proposed official plan (or official plan amendment) is exempt from approval by the (name of the approval authority) and the decision of council is final if a notice of appeal is not received before or on the last day for filing a notice of appeal.

iii. The following statement:

Only individuals, corporations or public bodies may appeal a decision of the municipality or planning board to the Ontario Municipal Board. A notice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.

6. If it is known that the land to which the proposed official plan or plan amendment applies is the subject under the Act for an amendment to a zoning by-law, a Minister’s zoning order or a minor variance or for approval of a plan of subdivision or a consent, a statement of that fact and the file number of the application. O. Reg. 198/96, s. 3.

4. (1) Notice of the adoption of a proposed official plan or plan amendment that is adopted by the council of a county, a regional municipality, the District of Muskoka or the County of Oxford and that is exempt from approval under subsection 17 (9) or (10) 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, unless the director has notified the clerk of the municipality or the secretary-treasurer of the planning board that he or she does not wish to receive notice of the adoption of proposed official plans or plan amendments. O. Reg. 198/96, s. 4 (1); O. Reg. 506/98, s. 2 (1).

(2) Where a proposed official plan or plan amendment is adopted by the council of a local municipality and its approval authority is the Minister, notice of its adoption 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, unless the director has notified the clerk of the municipality or the secretary-treasurer of the planning board that he or she does not wish to receive notice of the adoption of proposed official plans or plan amendments. This subsection applies whether or not the proposed official plan or plan amendment is exempt from approval under subsection 17 (9) or (10) of the Act. O. Reg. 198/96, s. 4 (2); O. Reg. 506/98, s. 2 (2).

(3) Where a proposed official plan or plan amendment is adopted by the council of a local municipality and its approval authority is not the Minister, notice of its adoption 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 clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of the adoption of proposed official plans or plan amendments. This subsection applies whether or not the proposed official plan or plan amendment is exempt from approval under subsection 17 (9) or (10) of the Act. O. Reg. 198/96, s. 4 (3); O. Reg. 506/98, s. 2 (3).

(4) A notice given under subsection (1), (2) or (3) shall also include a copy of the proposed official plan or plan amendment. O. Reg. 198/96, s. 4 (4); O. Reg. 506/98, s. 2 (4).

5. A record to be compiled by the clerk of the municipality or secretary-treasurer of the planning board and forwarded to the Municipal Board under subsection 17 (29) of the Act shall include the following:

1. A certified copy of the by-law adopting the proposed official plan or plan amendment.

2. A certified copy of the proposed official plan or plan amendment.

3. The original or certified copy of the notice of appeal and the date it was received by the municipality or planning board.

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

5. An affidavit or sworn declaration by an employee of the municipality or planning board certifying that,

i. the requirements for the giving of notice and the holding of at least one public meeting or the alternative measures for informing and obtaining the views of the public set out in the official plan have been complied with, and

ii. the requirements for the giving of notice of adoption have been complied with.

6. An affidavit or sworn declaration of an employee of the municipality or planning board listing all persons and public bodies that made oral submissions at a public meeting.

7. A copy of the minutes of the public meeting, if any.

8. A copy of any planning report considered by council.

9. If applicable, the original or a certified copy of the prescribed information and material received by council or the planning board under subsection 22 (4) of the Act. O. Reg. 198/96, s. 5.

6. (1) A record to be compiled by the clerk of the municipality or secretary-treasurer of the planning board and forwarded to the approval authority under subsection 17 (31) of the Act shall include the following:

1. A certified copy of the by-law adopting the proposed official plan or plan amendment.

2. A certified copy of the proposed official plan or plan amendment.

3. The original or a copy of all written submissions and comments and when they were received.

4. An affidavit or sworn declaration by an employee of the municipality or planning board certifying that,

i. the requirements for the giving of notice and the holding of at least one public meeting or the alternative measures for informing and obtaining the views of the public set out in the official plan have been complied with, and

ii. the requirements for the giving of notice of adoption have been complied with.

5. An affidavit or sworn declaration of an employee of the municipality or planning board listing all persons and public bodies that made oral submissions at a public meeting.

6. A copy of the minutes of the public meeting, if any.

7. A copy of any planning report considered by council or the planning board.

8. An affidavit or sworn declaration of the clerk, commissioner or director of planning of the municipality or the secretary-treasurer of the planning board or other employee of the municipality or planning board designated by resolution certifying that the information required under subsection (2) and provided by the municipality or planning board is true. O. Reg. 198/96, s. 6 (1).

(2) The record must also indicate the following:

1. Whether the council or planning board is submitting an official plan or official plan amendment.

2. If the council or planning board is submitting an official plan, whether the official plan replaces an existing official plan.

3. If the council or planning board is submitting an official plan amendment, the record must indicate the following:

i. A 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.

ii. The approximate area of the land covered by the proposed amendment, if applicable and if known.

iii. Whether the proposed amendment changes, replaces or deletes a policy in the official plan.

iv. If the answer to subparagraph iii is yes, the policy to be changed, replaced or deleted.

v. Whether the proposed amendment adds a policy to the official plan.

vi. If the proposed amendment changes, replaces or deletes a policy or adds a policy, the purpose of the proposed official plan amendment.

vii. If applicable, the current designation of the subject land in the official plan and the land uses which are authorized by the designation.

viii. Whether the proposed amendment changes or replaces a designation in the official plan.

ix. If the proposed amendment changes or replaces a designation in the official plan, the designation to be changed or replaced.

x. The land uses which would be authorized by the proposed official plan amendment.

xi. If known, whether the subject land or land within 120 metres of the subject land is the subject of an application for an amendment to an official plan, a zoning by-law, a Minister’s zoning order, a minor variance, a plan of subdivision, a consent or a site plan.

xii. If it is known that the subject land is the subject of an application for the purposes of subparagraph xi, the file number of the application, the name of the approval authority considering the application, the lands affected by the application, the purpose of the application, the status of the application and the effect of the application on the proposed amendment. O. Reg. 198/96, s. 6 (2).

7. (1) Notice of the decision of the approval authority in respect of a proposed official plan or plan amendment under subsection 17 (35) of the Act shall include the following:

1. An explanation of the purpose and effect of the proposed official plan or plan amendment.

2. A statement that the approval authority has made a decision to approve, modify and approve or refuse the proposed official plan or plan amendment, as the case may be.

3. If the approval authority has made a decision to refuse the proposed official plan or plan amendment, a written explanation for the refusal.

4. Where and when information in respect of the proposed official plan or plan amendment and the decision will be made available to the public for inspection.

5. The last date for filing a notice of appeal and a statement that the notice of appeal must be filed with the approval authority, must set out the specific part of the proposed official plan or plan amendment to which the appeal applies and the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board.

6. The following statement:

The decision of (name of approval authority) is final if a notice of appeal is not received before or on the last day for filing a notice of appeal.

7. The following statement:

Only individuals, corporations or public bodies may appeal a decision of the approval authority to the Ontario Municipal Board. A notice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.

8. If it is known that the land to which the proposed official plan or plan amendment applies is the subject of an application under the Act for an amendment to a zoning by-law, a Minister’s zoning order or a minor variance or for approval of a plan of subdivision or a consent, a statement of that fact and the file number of the application. O. Reg. 198/96, s. 7 (1).

(2) Where the approval authority of a proposed official plan or plan amendment is not the Minister, notice of a decision by the approval authority in respect of a proposed official plan or plan amendment adopted by the council of a local municipality 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 clerk of the municipality or the secretary-treasurer of the planning board a written request to be given notice of decisions in respect of proposed official plans or plan amendments. O. Reg. 198/96, s. 7 (2); O. Reg. 506/98, s. 3.

(3) A notice given under subsection (2) shall also include a copy of the proposed official plan or plan amendment. O. Reg. 198/96, s. 7 (3).

8. A record to be compiled by the approval authority and forwarded to the Municipal Board under subsection 17 (42) of the Act shall include the following:

1. If applicable, a copy of the decision of 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 certified copy of the record received by the approval authority under section 6.

4. If applicable, an affidavit or sworn declaration by an employee of the approval authority certifying that the requirement for the giving of notice of the decision under subsection 17 (35) of the Act has been complied with.

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

6. If applicable, a copy of any planning report considered by the approval authority. O. Reg. 198/96, s. 8.

9. The information and material to be provided by an applicant under subsection 22 (4) of the Act are set out in the Schedule. O. Reg. 198/96, s. 9.

10. A record compiled by the clerk of the municipality or secretary-treasurer of the planning board and forwarded to the Municipal Board under subsection 22 (9) of the Act shall include the following:

1. The original or a certified copy of the request for an amendment to the official plan.

2. The original or a certified copy of the prescribed information and material received by the council or the planning board under subsection 22 (4) of the Act.

3. The original or a copy of all written submissions and comments received by the council or the planning board.

4. If applicable, an affidavit or sworn declaration by an employee of the municipality or planning board certifying that the requirements for the giving of notice and the holding of at least one public meeting or the alternative measures for informing and obtaining the views of the public set out in the official plan have been complied with.

5. If applicable, an affidavit or sworn declaration of an employee of the municipality or planning board listing all persons and public bodies that made oral submissions at the public meeting.

6. A copy of the minutes of the public meeting, if any.

7. If applicable, a copy of the resolution of the council or planning board refusing to adopt the proposed official plan amendment.

8. A copy of any planning report considered by the council or the planning board. O. Reg. 198/96, s. 10.

11. Omitted (revokes other Regulations and provides for transition). O. Reg. 198/96, s. 11.

12. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 198/96, s. 12.

SCHEDULE
INFORMATION AND MATERIAL TO BE PROVIDED UNDER SUBSECTION 22 (4) OF THE ACT

1. The name, address and telephone number of the applicant.

2. The name of the municipality or planning board which was requested to initiate the amendment to its official plan.

3. The date of the request to the municipality or planning board to initiate the proposed amendment to the official plan.

4. The name of the official plan proposed to be amended.

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

6. The approximate area of the land covered by the proposed amendment, if applicable and if known.

7. Whether the proposed amendment changes, replaces or deletes a policy in the official plan.

8. If the answer to item 7 is yes, the policy to be changed, replaced or deleted.

9. Whether the proposed amendment adds a policy to the official plan.

10. If the proposed amendment changes, replaces, deletes or adds a policy, the purpose of the proposed official plan amendment.

11. If applicable, the current designation of the subject land in the official plan and the land uses which are authorized by the designation.

12. Whether the proposed amendment changes or replaces a designation in the official plan.

13. If the proposed amendment changes or replaces a designation in the official plan, the designation to be changed or replaced.

14. The land uses which would be authorized by the proposed official plan amendment.

15. Whether the subject land or any land within 120 metres of the subject land is the subject of an application made by the applicant for approval of an official plan amendment, a zoning by-law amendment, a minister’s zoning order amendment, a minor variance, a plan of subdivision, a consent or a site plan.

16. If the answer to item 15 is yes and if known, the file number of the application, the name of the approval authority considering the application, the lands affected by the application, the purpose of the application, the status of the application and the effect of the application on the proposed amendment.

17. The text of the proposed amendment if a policy in the official plan is being changed, replaced or deleted or if a policy is being added to the official plan.

18. The proposed schedule to the official plan if the proposed amendment changes or replaces a schedule in the official plan and the text that accompanies the schedule.

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

O. Reg. 198/96, Sched.