O. Reg. 63/05: Transitional Provisions under Section 70.4 of the Act: Continuation and Disposition of Matters and Proceedings

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ontario regulation 63/05

made under the

planning act

Made: February 28, 2005
Filed: March 1, 2005
Printed in The Ontario Gazette: March 19, 2005

Amending O. Reg. 385/04

(Transitional Provisions under Section 70.4 of the Act: Continuation and Disposition of Matters and Proceedings)

1. Ontario Regulation 385/04 is amended by adding the following section:

Application of s. 3 (5) and (6) of the Act

1.1 (1) Subsections 3 (5) and (6) of the Act, as they read immediately before section 2 of the Strong Communities (Planning Amendment) Act, 2004 comes into force, apply with respect to the following matters and proceedings if they are commenced on or before February 28, 2005:

1. An official plan or an amendment to it or repeal of it.

2. A request for an official plan amendment by any person or public body.

3. A zoning by-law or an amendment to it.

4. An application for an amendment to a zoning by-law.

5. An application for approval under subsection 41 (4) of the Act of development in a site plan control area.

6. An application under section 45 of the Act for a minor variance.

7. An application to amend or revoke an order made under section 47 of the Act.

8. An application for approval under section 51 of the Act of a plan of subdivision or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998.

9. An application for consent under section 53 of the Act.

(2) For the purposes of subsection (1),

(a) an official plan or an amendment to it or repeal of it shall be deemed to have commenced on the day the by-law adopting the plan or adopting its amendment or repeal is passed;

(b) a request for an official plan amendment by any person or public body shall be deemed to have commenced on the day the request was received, whether or not the amendment is adopted;

(c) a zoning by-law or an amendment to it shall be deemed to have commenced on the day the by-law is passed;

(d) an application for an amendment to a zoning by-law shall be deemed to have commenced on the day the application is made;

(e) an application for approval under subsection 41 (4) of the Act of development in a site plan control area shall be deemed to have commenced on the day the application is made;

(f) an application under section 45 of the Act for a minor variance shall be deemed to have commenced on the day the application is made;

(g) an application to amend or revoke an order made under section 47 of the Act shall be deemed to have commenced on the day the application is made;

(h) an application for approval under section 51 of the Act of a plan of subdivision or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998 shall be deemed to have commenced on the day the application is made; and

(i) an application for consent under section 53 of the Act shall be deemed to have commenced on the day the application is made.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

John Philip Gerretsen

Minister of Municipal Affairs and Housing

Date made: February 28, 2005.
Pris le : 28 février 2005.

 

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