O. Reg. 86/19: EXEMPTION FROM APPROVAL (OFFICIAL PLAN AMENDMENTS)
filed May 2, 2019 under Planning Act, R.S.O. 1990, c. P.13Skip to content
ontario regulation 86/19
made under the
Made: May 1, 2019
Filed: May 2, 2019
Published on e-Laws: May 2, 2019
Printed in The Ontario Gazette: May 18, 2019
Amending O. Reg. 525/97
(EXEMPTION FROM APPROVAL (OFFICIAL PLAN AMENDMENTS))
Under subsection 17 (9) of the Act, the Minister of Municipal Affairs and Housing exempted from ministerial approval under section 17 of the Act all amendments to the official plan of a municipality listed in the Schedule to Ontario Regulation 525/97 that were adopted by the council of the municipality on or after a specified date.
Under subsection 17 (12) of the Act, the Minister may by order, accompanied by a written explanation for it, remove any exemption made under subsection 17 (9) of the Act.
The Growth Plan for the Greater Golden Horseshoe, 2017 provided for the identification and protection of a Natural Heritage System and an Agricultural System, the provincial mapping of which could be refined by upper-tier and single-tier municipalities as part of implementing the Systems through a municipal comprehensive review.
The new Growth Plan for the Greater Golden Horseshoe 2019 now also allows upper-tier and single-tier municipalities the flexibility to refine the provincial mapping of the Natural Heritage System and the Agricultural System as part of implementing the Systems through official plan amendments, before the next municipal comprehensive reviews.
A municipal comprehensive review must be adopted in accordance with section 26 of the Act. An official plan amendment adopted in accordance with section 26 of the Act cannot be exempted from ministerial approval under subsection 17 (9) of the Act.
The Minister considers it desirable that official plan amendments that implement the provincial mapping of the Natural Heritage System and the Agricultural System continue to be approved by the Minister in all circumstances.
Therefore, the Minister orders as follows:
1. Subsections 1 (1) and (2) of Ontario Regulation 525/97 are revoked and the following substituted:
Exemption from approval
(1) Subject to section 2, all amendments to the official plan of a municipality listed in the Schedule that were commenced on or after the corresponding date set out in the Schedule are exempt from the approval of the Minister.
(2) For the purpose of subsection (1) and clause 2 (c), an official plan amendment is deemed to be commenced on the day that it is adopted by the council of the municipality.
2. The Regulation is amended by adding the following section:
Removal of exemption, Greater Golden Horseshoe growth plan area
2. The exemption under subsection 1 (1) is removed in respect of any official plan amendment referred to in that subsection that,
(a) is adopted by a municipality in the area designated as the Greater Golden Horseshoe growth plan area by section 2 of Ontario Regulation 416/05 (Growth Plan Areas) made under the Places to Grow Act, 2005;
(b) does one or both of the following:
(i) identifies a natural heritage system, as defined in the Provincial Policy Statement, 2014 issued under section 3 of the Planning Act, or amends or revokes the identification of a natural heritage system,
(ii) designates a prime agricultural area, as defined in the Provincial Policy Statement, 2014 issued under section 3 of the Planning Act, or amends or revokes the designation of a prime agricultural area other than for the purposes of including all of the applicable land within an area of settlement; and
(c) is commenced on or after May 16, 2019.
3. This Regulation comes into force on the later of May 16, 2019 and the day it is filed.
Pris par :
Le ministre des Affaires municipales et du Logement,
Minister of Municipal Affairs and Housing