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O. Reg. 176/16: CONSENT APPLICATIONS

filed June 8, 2016 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 176/16

made under the

Planning Act

Made: June 6, 2016
Filed: June 8, 2016
Published on e-Laws: June 8, 2016
Printed in The Ontario Gazette: June 25, 2016

Amending O. Reg. 197/96

(CONSENT APPLICATIONS)

1. The definition of “approval authority” in section 1 of Ontario Regulation 197/96 is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) a planning board 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.

2. (1) Subsection 3 (7) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) the secretary-treasurer of the planning board, if the approval authority is the planning board.

(2) Subsection 3 (8) of the Regulation is revoked and the following substituted:

(8) Every person and public body that has given the approval authority a written request for a notice to which this section applies (including the person’s or public body’s address, fax number or email address) shall be given notice by personal service, ordinary mail, fax or email.

(3) Subsection 3 (9) of the Regulation is amended by striking out “personal service, ordinary mail or fax” in the portion before paragraph 1 and substituting “personal service, ordinary mail, fax or email”.

(4) Subsection 3 (10) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.

(5) Subsection 3 (13) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(13) A notice, other than a notice that is given by posting as described in clause (3) (b) or by publishing in a newspaper as described in subsection (6), shall include the following:

. . . . .

(6) Paragraph 2 of subsection 3 (13) of the Regulation is revoked and the following substituted:

2. A description of the subject land or a key map showing the subject land.

(7) Subsection 3 (13) of the Regulation is amended by adding the following paragraph:

7. If applicable, a request that the notice be posted by the owner of any land that contains seven or more residential units in a location that is visible to all of the residents.

(8) Paragraph 3 of subsection 3 (14) of the Regulation is revoked and the following substituted:

3. The following statement:

For more information about this matter, contact (address, email address, website or other location or means by which information may be obtained from the approval authority).

(9) Section 3 of the Regulation is amended by adding the following subsection:

(15) A notice that is given by publishing in a newspaper as described in subsection (6) shall include the following:

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

2. A description of the subject land or a key map showing the subject land.

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

4. The following statement:

For more information about this matter, contact (address, email address, website or other location or means by which information may be obtained from the approval authority).

3. (1) Subsection 6 (1) of the Regulation is amended by revoking the portion before paragraph 1 and substituting the following:

(1) In addition to the explanation required by clause 53 (18) (a) of the Act, notice of the decision of the approval authority under subsection 53 (17) of the Act shall include the following:

. . . . .

(2) Subsection 6 (2) of the Regulation is amended by striking out “by personal service, ordinary mail or fax”.

(3) Section 6 of the Regulation is amended by adding the following subsection:

(3) A notice given under this section shall be given by personal service, ordinary mail, fax or email.

4. (1) Subsection 7 (2) of the Regulation is amended by striking out “by personal service, ordinary mail or fax”.

(2) Section 7 of the Regulation is amended by adding the following subsection:

(3) A notice given under this section shall be given by personal service, ordinary mail, fax or email.

5. Section 8 of the Regulation is amended by adding the following paragraph:

1.3 If applicable, a certified copy of the notice of the decision under subsection 53 (17) of the Act.

6. Subsection 11 (6) of the Regulation is revoked and the following substituted:

(6) Every person and public body that has given the Minister a written request for a notice to which this section applies (including the person’s or public body’s address, fax number or email address) shall be given notice by personal service, ordinary mail, fax or email.

7. The Regulation is amended by adding the following section:

13.1 For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 176/16, this Regulation as it read immediately before those amendments came into force continues to apply in respect of the following:

1. A notice given under section 53 of the Act, if it was given before the day Ontario Regulation 176/16 came into force.

2. A record compiled under section 53 of the Act, if it was forwarded before the day Ontario Regulation 176/16 came into force.

Commencement

8. This Regulation comes into force on the later of July 1, 2016 and the day it is filed.

 

 

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Ted McMeekin

Minister of Municipal Affairs and Housing

 

Date made: June 6, 2016
Pris le : 6 juin 2016

 

 

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