O. Reg. 67/18: TRANSITIONAL MATTERS RELATING TO THE SMART GROWTH FOR OUR COMMUNITIES ACT, 2015

filed March 5, 2018 under Planning Act, R.S.O. 1990, c. P.13

ontario regulation 67/18

made under the

Planning Act

Made: February 21, 2018
Filed: March 5, 2018
Published on e-Laws: March 5, 2018
Printed in The Ontario Gazette: March 24, 2018

Amending O. Reg. 174/16

(TRANSITIONAL MATTERS relating to the smart growth for our communities act, 2015)

1. The title to Ontario Regulation 174/16 is revoked and the following substituted:

Transitional Matters — General

2. Section 1 of the Regulation is revoked and the following substituted:

General Rule

General rule re transition

1. (1) Subject to subsection (2), all matters and proceedings shall be continued and disposed of in accordance with the Act as it reads on and after April 3, 2018.

(2) Subsection (1) does not apply in respect of matters and proceedings provided for in sections 2 to 26 of this Regulation or matters and proceedings that are otherwise provided for in section 74, 74.1 or 75 of the Act or the regulations made under section 70.4 or 70.5 of the Act.

(3) In the event of a conflict between any provision of this Regulation and any provision of a regulation made under section 70.4 or 70.5 of the Act or of section 74, 74.1 or 75 of the Act, the provision of the regulation made under section 70.4 or 70.5 or of section 74, 74.1 or 75 prevails to the extent of the conflict.

3. The Regulation is amended by adding the following heading before section 2:

Transitional Matters Relating to the Smart Growth for our Communities Act, 2015

4. Section 14 of the Regulation is revoked and the following substituted:

Transitional Matters Relating to the Building Better Communities and Conserving Watersheds Act, 2017

Request for amendment to new secondary plan, two-year period

14. A request for an amendment to an official plan received before April 3, 2020 shall be continued and disposed of as if subsection 22 (2.1.1) of the Act was not in force, unless the request is for an amendment to a secondary plan any part of which came into effect on or after April 3, 2018.

Official plan, amendment or repeal, notice given under s. 17 (35) of the Act

15. (1) An official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsection 17 (36.2) of the Act as it read on April 2, 2018, if the giving of notice under subsection 17 (35) of the Act is completed on or after July 1, 2016 and before April 3, 2018.

(2) An official plan, an amendment to it or a repeal of it shall be continued and disposed of as if subsection 17 (36.5) of the Act was not in force, if the giving of notice under subsection 17 (35) of the Act is completed before April 3, 2018.

Appeal re interim control by-law

16. An interim control by-law, including any amendment to extend the period of time during which it will be in effect, shall be continued and disposed of in accordance with subsection 38 (4) of the Act as it read on April 2, 2018 and as if subsection 38 (4.1) of the Act was not in force if it is passed before April 3, 2018.

Referral of request to amend order under s. 47 of the Act

17. A request under subsection 47 (10) of the Act, as it read on April 2, 2018, for the Tribunal to hold a hearing on a request to amend or revoke an order under section 47 of the Act shall be continued and disposed of in accordance with section 47 of the Act as it read on that date if the request for the Tribunal to hold the hearing is made before April 3, 2018.

Timelines for appealing failure to make decisions

18. (1) An official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsections 17 (34.1), (40), (40.1), (40.2) and (40.4) of the Act as they read on April 2, 2018 if the by-law adopting the plan, amendment or repeal was passed on or before December 12, 2017.

(2) For greater certainty, an official plan, an amendment to it or a repeal of it shall be continued and disposed of in accordance with subsections 17 (34.1), (40), (40.1), (40.2) and (40.4) of the Act as they read on and after April 3, 2018 if the by-law adopting the plan, amendment or repeal was passed after December 12, 2017 but before April 3, 2018.

(3) A request for an official plan amendment shall be continued and disposed of in accordance with subsection 22 (7.0.2) of the Act as it read on April 2, 2018 if the request was received on or before December 12, 2017.

(4) For greater certainty, a request for an official plan amendment shall be continued and disposed of in accordance with subsection 22 (7.0.2) of the Act as it reads on and after April 3, 2018 if the request was received after December 12, 2017 but before April 3, 2018.

(5) An application for an amendment to a zoning by-law shall be continued and disposed of in accordance with subsections 34 (11) and 36 (3) of the Act as they read on April 2, 2018 and as if subsection 34 (11.0.0.0.1) of the Act was not in force if the application was received on or before December 12, 2017.

(6) For greater certainty, an application for an amendment to a zoning by-law shall be continued and disposed of in accordance with subsections 34 (11) and 36 (3) of the Act as they read on and after April 3, 2018 and as if subsection 34 (11.0.0.0.1) of the Act was in force if the application was received after December 12, 2017 but before April 3, 2018.

Appeal re official plan, notice given under s. 17 (23) of the Act

19. (1) In addition to section 7, this section applies in respect of an appeal under subsection 17 (24) of the Act if the giving of notice under subsection 17 (23) of the Act is completed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 17 (44.3) to (44.7), (46), (49), (50), (51) and (53) of the Act, as they read on April 2, 2018, and as if subsections 17 (24.0.1) and (49.1) to (49.12) of the Act were not in force.

(3) If the giving of notice under subsection 17 (23) of the Act is completed on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with subsections 17 (25), (25.1) and (45) of the Act as they read on April 2, 2018.

(4) If the record referred to in subsection 17 (29) of the Act was forwarded to the Tribunal on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with section 2.1 of the Act, as it read on April 2, 2018.

(5) Despite subsections (2), (3) and (4), the appeal shall be continued and disposed of in accordance with section 2.1 and subsections 17 (25), (25.1), (44.3) to (45), (46), (49), (50), (51) and (53) of the Act as they read on and after April 3, 2018, and as if subsections 17 (24.0.1) and (49.1) to (49.12) of the Act were in force if,

(a) the appeal is in respect of an official plan amendment adopted in response to a request under section 22 of the Act received after December 12, 2017;

(b) the appeal is in respect of an official plan amendment adopted after December 12, 2017 that is not in response to a request under section 22 of the Act; or

(6) The following rules apply if subsection (5) applies:

1. The Tribunal shall notify every appellant before the later of 15 days following the receipt of the record referred to in subsection 17 (29) of the Act and April 18, 2018 that each appellant must, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 17 (25) of the Act as it reads on and after April 3, 2018.

2. If the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in paragraph 1, the appeal is deemed to have been dismissed.

3. Subparagraph 1 i and paragraph 2 of subsection 17 (45) of the Act do not apply to the appeal until the day the new notice of appeal is provided in accordance with paragraph 1.

4. If a regulation is made under clause 43 (1) (c) of the Local Planning Appeal Tribunal Act, 2017 that prescribes a timeline that is applicable to the appeal, the timeline shall not begin until the 20-day period referred to in paragraph 1 has ended.

(7) For greater certainty, the appellant is not required to pay a fee associated with providing a new notice of appeal to the Tribunal in accordance with paragraph 1 of subsection (6).

(8) Subsection (5) does not apply if, on April 3, 2018, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

Appeal re official plan, notice given under s. 17 (35) of the Act

20. (1) In addition to section 8, this section applies in respect of an appeal under subsection 17 (36) of the Act if the giving of notice under subsection 17 (35) of the Act is completed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 17 (44.3) to (44.7), (46), (49), (50), (51) and (53) of the Act, as they read on April 2, 2018, and as if subsections 17 (36.0.1) and (49.1) to (49.12) of the Act were not in force.

(3) If the giving of notice under subsection 17 (35) of the Act is completed on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with subsections 17 (37), (37.1) and (45) of the Act, as they read on April 2, 2018.

(4) If the record referred to in subsection 17 (42) of the Act was forwarded to the Tribunal on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with section 2.1 of the Act, as it read on April 2, 2018.

(5) Despite subsections (2), (3) and (4), the appeal shall be continued and disposed of in accordance with section 2.1 and subsections 17 (37), (37.1), (44.3) to (45), (46), (49), (50), (51) and (53) of the Act as they read on and after April 3, 2018 and as if subsections 17 (36.0.1) and (49.1) to (49.12) of the Act were in force if,

(a) the appeal is in respect of a decision under subsection 17 (34) of the Act in respect of an official plan amendment adopted in response to a request under section 22 of the Act received after December 12, 2017;

(b) the appeal is in respect of a decision under subsection 17 (34) of the Act in respect of an official plan amendment adopted after December 12, 2017 that is not in response to a request under section 22 of the Act; or

(c) the appeal is in respect of a decision under subsection 17 (34) of the Act in respect of an official plan, or a repeal of an official plan, adopted after December 12, 2017.

(6) The following rules apply if subsection (5) applies:

1. The Tribunal shall notify every appellant before the later of 15 days following the receipt of the record referred to in subsection 17 (42) of the Act and April 18, 2018 that each appellant must, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 17 (37) of the Act as it reads on and after April 3, 2018.

2. If the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in paragraph 1, the appeal is deemed to have been dismissed.

3. Subparagraph 1 i and paragraph 2 of subsection 17 (45) of the Act do not apply to the appeal until the day the new notice of appeal is provided in accordance with paragraph 1.

(7) For greater certainty, the appellant is not required to pay a fee associated with providing a new notice of appeal to the Tribunal in accordance with paragraph 1 of subsection (6).

(8) Subsection (5) does not apply if, on April 3, 2018, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

Appeal re official plan amendment where request refused

21. (1) This section applies in respect of an appeal under subsection 22 (7) of the Act brought in accordance with paragraph 3 or 4 of subsection 22 (7.0.2) of the Act if the giving of notice under subsection 22 (6.6) of the Act is completed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 22 (8), (11), (11.1) and (11.3) of the Act, as they read on April 2, 2018, and as if subsections 22 (7.0.0.1), (7.0.0.2) and (11.0.1) to (11.0.19) of the Act were not in force.

(3) If the record referred to in subsection 22 (9) of the Act was forwarded to the Tribunal on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with section 2.1 of the Act, as it read on April 2, 2018.

(4) Despite subsections (2) and (3), the appeal shall be continued and disposed of in accordance with section 2.1 and subsections 22 (8), (11), (11.1) and (11.3) of the Act as they read on and after April 3, 2018 and as if subsections 22 (7.0.0.1), (7.0.0.2) and (11.0.1) to (11.0.19) of the Act were in force if the appeal is in respect of the refusal to adopt an amendment that was the subject of a request under section 22 of the Act received after December 12, 2017.

(5) The following rules apply if subsection (4) applies:

1. The Tribunal shall notify every appellant before the later of 15 days following the receipt of the record referred to in subsection 22 (9) of the Act and April 18, 2018 that each appellant must, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 22 (8) of the Act as it reads on and after April 3, 2018.

2. If the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in paragraph 1, the appeal is deemed to have been dismissed.

3. Paragraphs 1 and 3 of subsection 22 (11.0.4) of the Act do not apply to the appeal until the day the new notice of appeal is provided in accordance with paragraph 1.

(6) For greater certainty, the appellant is not required to pay a fee associated with providing a new notice of appeal to the Tribunal in accordance with paragraph 1 of subsection (5).

(7) Subsection (4) does not apply if, on April 3, 2018, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

Appeal re official plan amendment where failure to make decision on request

22. (1) This section applies in respect of an appeal under subsection 22 (7) of the Act brought in accordance with paragraph 1 or 2 of subsection 22 (7.0.2) of the Act if the notice of appeal is filed before April 3, 2018.

Appeal re amendment to zoning by-law where application refused

23. (1) This section applies in respect of an appeal under subsection 34 (11) of the Act with respect to the refusal of an application if the giving of notice under subsection 34 (10.9) of the Act is completed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 34 (11.0.2), (12), (24.3) to (25.1.1), (26), (27), (29) and (30) of the Act, as they read on April 2, 2018, and as if subsections 34 (11.0.0.0.2), (11.0.0.0.4), (11.0.0.0.5) and (26.1) to (26.13) of the Act were not in force.

(3) If the record referred to in subsection 34 (23) of the Act was forwarded to the Tribunal on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with section 2.1 of the Act, as it read on April 2, 2018.

(4) Despite subsections (2) and (3), the appeal shall be continued and disposed of in accordance with section 2.1 and subsections 34 (11.0.2), (12), (24.3) to (25.1.1), (26), (27), (29) and (30) the Act as they read on and after April 3, 2018 and as if subsections 34 (11.0.0.0.2), (11.0.0.0.4), (11.0.0.0.5) and (26.1) to (26.13) of the Act were in force if the appeal is in respect of the refusal of an application received after December 12, 2017.

(5) The following rules apply if subsection (4) applies:

1. The Tribunal shall notify every appellant before the later of 15 days following the receipt of the record referred to in subsection 34 (23) of the Act and April 18, 2018 that each appellant must, within 20 days after the Tribunal gives notice, provide a new notice of appeal to the Tribunal in accordance with subsection 34 (11.0.0.0.4) of the Act as it reads on and after April 3, 2018.

2. If the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in paragraph 1, the appeal is deemed to have been dismissed.

3. Paragraphs 1 and 4 of subsection 34 (25) of the Act do not apply to the appeal until the day the new notice of appeal is provided in accordance with paragraph 1.

(6) For greater certainty, the appellant is not required to pay a fee associated with providing a new notice of appeal to the Tribunal in accordance with paragraph 1 of subsection (5).

(7) Subsection (4) does not apply if, on April 3, 2018, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

Appeal re amendment to zoning by-law where failure to make decision on application

24. (1) This section applies in respect of an appeal under subsection 34 (11) of the Act with respect to the failure to make a decision on an application if the notice of appeal is filed before April 3, 2018.

Appeal re passing of zoning by-law, etc.

25. (1) In addition to section 11, this section applies in respect of an appeal under subsection 34 (19) of the Act if the giving of notice under subsection 34 (18) of the Act is completed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 34 (24.3) to (24.7), (25.1), (25.1.1), (26), (27), (29) and (30) of the Act, as they read on April 2, 2018, and as if subsections 34 (19.0.2) and (26.1) to (26.13) of the Act were not in force.

(3) If the giving of notice under subsection 34 (18) of the Act is completed on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with subsections 34 (19.0.1) and (25) of the Act, as they read on April 2, 2018.

(4) If the record referred to in subsection 34 (23) of the Act was forwarded to the Tribunal on or after July 1, 2016, the appeal shall be continued and disposed of in accordance with section 2.1 of the Act, as it read on April 2, 2018.

(5) Despite subsections (2), (3) and (4), the appeal shall be continued and disposed of in accordance with section 2.1 and subsections 34 (19.0.1), (24.3) to (25.1.1), (26), (27), (29) and (30) of the Act as they read on and after April 3, 2018 and as if subsections 34 (19.0.2) and (26.1) to (26.13) of the Act were in force if,

(a) the appeal is in respect of a zoning by-law passed in response to an application received after December 12, 2017; or

(b) the appeal is in respect of a zoning by-law passed after December 12, 2017 that is not in response to an application.

(6) The following rules apply if subsection (5) applies:

1. The Tribunal shall notify every appellant before the later of 15 days following the receipt of the record referred to in subsection 34 (23) of the Act and April 18, 2018 that each appellant must, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 34 (19.0.2) of the Act as it reads on and after April 3, 2018.

2. If the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in paragraph 1, the appeal is deemed to have been dismissed.

3. Paragraphs 2 and 4 of subsection 34 (25) of the Act do not apply to the appeal until the day the new notice of appeal is provided in accordance with paragraph 1.

(7) For greater certainty, the appellant is not required to pay a fee associated with providing a new notice of appeal to the Tribunal in accordance with paragraph 1 of subsection (6).

(8) Subsection (5) does not apply if, on April 3, 2018, the Tribunal has completed its hearing of the appeal, even if it has reserved its final decision.

Appeal under s. 17 (40) of the Act

26. (1) This section applies in respect of an appeal under subsection 17 (40) of the Act if,

(a) the notice of appeal was filed before April 3, 2018; or

(b) the appeal is in relation to an official plan, an amendment to it or a repeal of it which was the subject of another appeal under subsection 17 (40) of the Act the notice in respect of which was filed before April 3, 2018.

(2) The appeal shall be continued and disposed of in accordance with subsections 17 (51) and (53) of the Act as they read on April 2, 2018.

Commencement

5. This Regulation comes into force on the later of April 3, 2018 and the day it is filed.

Made by:
Pris par :

Le ministre des Affaires municipales,

Bill Mauro

Minister of Municipal Affairs

Date made: February 21, 2018
Pris le : 21 février 2018

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O. Reg. 67/18: TRANSITIONAL MATTERS RELATING TO THE SMART GROWTH FOR OUR COMMUNITIES ACT, 2015

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