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O. Reg. 180/16: OFFICIAL PLANS AND PLAN AMENDMENTS

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

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ontario regulation 180/16

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. 543/06

(OFFICIAL PLANS AND PLAN AMENDMENTS)

1. (1) Subsection 3 (5) of Ontario Regulation 543/06 is revoked and the following substituted:

(5) For the purposes of clause (4) (a), the owner of land is 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, but if the clerk of the municipality has received written notice of a change of ownership, the notice shall be given to the new owner instead, at the address set out in the notice of change of ownership.

(2) Subsection 3 (8) of the Regulation is amended by striking out “(including the person’s or public body’s address) shall be given notice by personal service, ordinary mail or fax” at the end and substituting “(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 (11) 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 (12) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.

(6) Subsection 3 (15) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(15) A notice, other than a notice that is given by posting as described in clause (4) (b) or by publishing in a newspaper as described in subsection (7), shall include the following:

. . . . .

(7) Paragraph 5 of subsection 3 (15) of the Regulation is revoked and the following substituted:

5. The following statement:

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

(8) Subsection 3 (15) of the Regulation is amended by adding the following paragraph:

8. 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.

(9) Paragraph 4 of subsection 3 (16) of the Regulation is revoked and the following substituted:

4. The following statement:

For more information about this matter, including information about preserving your appeal rights, contact (address, email address, website or other location or means by which information may be obtained from the municipality or planning board).

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

(17) A notice that is given by publishing in a newspaper as described in subsection (7) shall include the following:

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

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

3. A description of the subject land, a key map showing the subject land, or an explanation why no description or key map is provided.

4. Where and when a copy of the proposed official plan or plan amendment and information and material will be available to the public for inspection.

5. The following statement:

For more information about this matter, including information about preserving your appeal rights, contact (address, email address, website or other location or means by which information may be obtained from the municipality or planning board).

2. (1) Section 4 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

4. In addition to the explanation required by clause 17 (23.1) (a) of the Act, notice of the adoption of a proposed official plan or plan amendment under subsection 17 (23) of the Act shall include the following:

. . . . .

(2) Paragraph 2 of section 4 of the Regulation is revoked and the following substituted:

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

(3) Subparagraph 4 i of section 4 is amended by striking out “(including the person’s or public body’s address)” and substituting “(including the person’s or public body’s address, fax number or email address)”. 

(4) Section 4 of the Regulation is amended by adding the following subsection:

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

3. (1) Subsection 5 (1) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.

(2) Subsection 5 (2) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.

4. Section 6 of the Regulation is amended by adding the following paragraph:

0.1 A certified copy of the notice of the adoption of the plan or plan amendment under subsection 17 (23) of the Act.

5. (1) Subsection 8 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) In addition to the explanation required by clause 17 (35.1) (a) of the Act, notice of the approval authority’s decision in respect of a proposed official plan or plan amendment under subsection 17 (35) of the Act shall include the following:

. . . . .

(2) Subsection 8 (2) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.

(3) Section 8 of the Regulation is amended by adding the following subsection:

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

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

Notice limiting appeal period (s. 17 (41.1) of Act)

8.1 Notice of an approval authority under subsection 17 (41.1) of the Act shall include the following:

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

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

3. The last date for filing a notice of appeal, and a statement that the notice of appeal,

i. must be filed with the approval authority,

ii. must set out the specific part of the proposed official plan or plan amendment to which the appeal applies, and

iii. must be accompanied by the fee required by the Municipal Board.

4. A statement that an appeal has been made to the Municipal Board of the approval authority’s failure to make a decision on the proposed official plan or plan amendment and that any additional person or public body that wishes to appeal this failure to make a decision must do so by the date specified.

5. The following statement:

Only individuals, corporations or public bodies may appeal the failure of the approval authority to make a decision 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 the group on its behalf.

6. If notices of appeal have not been filed in respect of all of the proposed official plan or plan amendment at the time the notice of the approval authority is given, a statement that any part of the proposed official plan or plan amendment that has not been the subject of an appeal before the time for filing appeals has expired cannot be the subject of an appeal until the approval authority makes a decision on that part.

7. Section 9 of the Regulation is amended by adding the following paragraph:

0.1 If applicable, a certified copy of the notice of the approval authority’s decision under subsection 17 (35) of the Act.

8. (1) Section 12 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

12. In addition to the explanation required by clause 22 (6.7) (a) of the Act, notice of the refusal of a request to amend an official plan under subsection 22 (6.6) of the Act shall include the following:

. . . . .

(2) Section 12 of the Regulation is amended by adding the following subsection:

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

9. Section 13 of the Regulation is amended by adding the following paragraph:

0.1 If applicable, a certified copy of the notice of refusal under subsection 22 (6.6) of the Act.

10. Section 15 of the Regulation is amended by adding the following subsection:

(2) For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 180/16, 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 17 or 22 of the Act, if it was given before the day Ontario Regulation 180/16 came into force.

2. A record compiled under section 17 or 22 of the Act, if it was forwarded before the day Ontario Regulation 180/16 came into force.

3. A request made under section 22 of the Act, if the information and material set out in Schedule 1 were provided before the day Ontario Regulation 180/16 came into force.

11. Schedule 1 to the Regulation is amended by adding the following section:

26.1 A proposed strategy for consulting with the public with respect to the request.

Commencement

12. 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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