O. Reg. 296/19: TRANSITIONAL MATTERS - GENERAL

filed August 29, 2019 under Planning Act, R.S.O. 1990, c. P.13

ontario regulation 296/19

made under the

Planning Act

Made: August 29, 2019
Filed: August 29, 2019
Published on e-Laws: August 29, 2019
Printed in The Ontario Gazette: September 14, 2019

Amending O. Reg. 174/16

(TRANSITIONAL MATTERS - GENERAL)

1. (1) Subsection 1 (1) of Ontario Regulation 174/16 is amended by striking out “April 3, 2018” at the end and substituting “September 3, 2019”.

(2) Subsection 1 (2) of the Regulation is amended by striking out “sections 2 to 26” and substituting “sections 2 to 33”.

2. (1) Subsection 19 (5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(5) This section does not apply to an appeal if,

(2) Subsections 19 (6) to (8) of the Regulation are revoked.

3. (1) Subsection 20 (5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(5) This section does not apply to an appeal if,

(2) Subsections 20 (6) to (8) of the Regulation are revoked.

4. (1) Subsection 21 (4) of the Regulation is revoked and the following substituted:

(4) This section does not apply to an appeal 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.

(2) Subsections 21 (5) to (7) of the Regulation are revoked.

5. (1) Subsection 23 (4) of the Regulation is revoked and the following substituted:

(4) This section does not apply to an appeal in respect of the refusal of an application received after December 12, 2017.

(2) Subsections 23 (5) to (7) of the Regulation are revoked.

6. (1) Subsection 25 (5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(5) This section does not apply to an appeal if,

(2) Subsections 25 (6) to (8) of the Regulation are revoked.

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

Transitional Matters Relating to the More Homes, More Choice Act, 2019

Official plan, amendment, repeal or request — hearing scheduled

27. (1) This section applies in respect of an official plan, an amendment to it, a repeal of it or a request for an amendment to it if,

(a) the official plan, amendment, repeal or request is the subject of an appeal under subsection 17 (24) or (36) or 22 (7) of the Act, notice of which was filed before September 3, 2019;

(b) before September 3, 2019, the Tribunal has ordered a hearing mentioned in subsection (4) to be scheduled in respect of the appeal referred to in clause (a) of this subsection; and

(2) The conditions referred to in clause (1) (c) are the following:

1. In the case of an appeal under subsection 17 (24) or (36) of the Act, the giving of notice under subsection 17 (23) or (35) of the Act, as the case may be, is completed,

i. before April 3, 2018 and,

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

C. the appeal is in respect of an official plan, or the repeal of an official plan, adopted after December 12, 2017, or

ii. on or after April 3, 2018 and before September 3, 2019.

2. In the case 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, the notice of appeal is filed on or after April 3, 2018 and before September 3, 2019.

3. In the case 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, the giving of notice under subsection 22 (6.6) of the Act is completed,

i. before April 3, 2018 and 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, or

ii. on or after April 3, 2018 and before September 3, 2019.

(3) The official plan, amendment, repeal or request shall be continued and disposed of in accordance with section 2.1 and subsections 17 (24.0.1), (25), (36.0.1), (37), (44.7), (45), (46), (49) to (51) and (53) and 22 (7.0.0.1), (7.0.0.2), (7.0.2.1), (8), (11) to (11.1) and (11.3) of the Act, as they read on September 2, 2019, and as if subsections 17 (25.1), (37.1) and (44.3) to (44.6) of the Act were not in force.

(4) A hearing referred to in clause (1) (b) is a hearing at which evidence regarding the merits of the matters before the Tribunal is to be considered, and does not include a case management conference, pre-hearing conference, preliminary hearing, settlement conference, motion or other hearing event held to consider preliminary matters.

(5) For greater certainty, this section applies even if the hearing referred to in in clause (1) (b) is adjourned or rescheduled.

Appeal re official plan, amendment, repeal or request — no hearing scheduled

28. (1) This section applies to an appeal under subsection 17 (24) or (36) of the Act of an official plan, an amendment to it, a repeal of it or a request for an amendment to it if,

(a) the notice of appeal was filed before September 3, 2019;

(b) before September 3, 2019, the Tribunal has not ordered a hearing mentioned in subsection 27 (4) of this Regulation to be scheduled in respect of the appeal; and

(i) before April 3, 2018 and,

(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

(ii) on or after April 3, 2018 and before September 3, 2019.

(2) The Tribunal shall notify every appellant in an appeal to which this section applies before the later of 15 days following the receipt of the record referred to in subsection 17 (29) or (42) of the Act and September 3, 2019 that the appellant may, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 17 (25) or (37) of the Act, as the case may be, as it reads on and after September 3, 2019.

(3) For greater certainty, if the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in subsection (2), the appeal shall proceed based on the notice of appeal that was filed by the appellant in accordance with subsection 17 (25) or (37) of the Act, as the case may be, as it read before September 3, 2019.

(4) 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 subsection (2).

Appeal re zoning by-law or application — hearing scheduled

29. (1) This section applies in respect of a zoning by-law or an application for an amendment to it if,

(a) the by-law or application is the subject of an appeal under subsection 34 (11) or (19) of the Act, notice of which was filed before September 3, 2019;

(b) before September 3, 2019, the Tribunal has ordered a hearing mentioned in subsection (4) to be scheduled in respect of the appeal referred to in clause (a) of this subsection; and

(2) The conditions referred to in clause (1) (c) are the following:

1. In the case of an appeal under subsection 34 (11) of the Act with respect to the refusal of an application, the giving of notice under subsection 34 (10.9) of the Act is completed,

i. before April 3, 2018 and the appeal is in respect of the refusal of an application received after December 12, 2017, or

ii. on or after April 3, 2018 and before September 3, 2019.

2. In the case of an appeal under subsection 34 (11) of the Act with respect to the failure to make a decision on an application, the notice of appeal is filed on or after April 3, 2018 and before September 3, 2019.

3. In the case of an appeal under subsection 34 (19) of the Act, the giving of notice under subsection 34 (18) of the Act is completed,

i. before April 3, 2018 and,

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, or

ii. on or after April 3, 2018 and before September 3, 2019.

(3) The zoning by-law or application for an amendment shall be continued and disposed of in accordance with section 2.1 and subsections 34 (11.0.0.0.2) to (11.0.0.0.5), (19) to (19.0.2), (24.7) to (25.1), (26) to (27), (29) and (30) of the Act, as they read on September 2, 2019, and as if subsections 34 (24.3) to (24.6) of the Act were not in force.

(5) For greater certainty, this section applies even if the hearing referred to in clause (1) (b) is adjourned or rescheduled.

Appeal re zoning by-law or application — no hearing scheduled

30. (1) This section applies to an appeal under subsection 34 (19) of the Act of a zoning by-law or an application for an amendment to it if,

(a) the notice of appeal was filed before September 3, 2019;

(b) before September 3, 2019, the Tribunal has not ordered a hearing mentioned in subsection 29 (4) of this Regulation to be scheduled in respect of the appeal; and

(i) before April 3, 2018 and,

(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, or

(ii) on or after April 3, 2018 and before September 3, 2019.

(2) The Tribunal shall notify every appellant in an appeal to which this section applies before the later of 15 days following the receipt of the record referred to in subsection 34 (23) of the Act and September 3, 2019 that the appellant may, within 20 days after the Tribunal gives the notice, provide a new notice of appeal to the Tribunal in accordance with subsection 34 (19) of the Act as it reads on and after September 3, 2019.

(3) For greater certainty, if the Tribunal does not receive a new notice of appeal from an appellant within the 20-day period referred to in subsection (2), the appeal shall proceed based on the notice of appeal that was filed by the appellant in accordance with subsection 34 (19.0.2) of the Act as it read before September 3, 2019.

(4) 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 subsection (2).

Appeals of failures of approval authorities to make decisions

31. (1) For greater certainty, nothing in this Regulation affects the validity of an appeal under subsection 17 (40) of the Act in respect of which a notice of appeal was filed before September 3, 2019.

(2) An appeal under subsection 17 (40) of the Act shall be continued and disposed of in accordance with subsections 17 (51) and (53) of the Act as they read on September 2, 2019 if,

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

(b) the appeal is not in relation to an official plan, an amendment to it or a repeal of it that was the subject of another appeal under subsection 17 (40) of the Act, the notice of appeal in respect of which was filed before April 3, 2018; and

(c) the Tribunal has scheduled a hearing mentioned in subsection (3) before September 3, 2019 in respect of any appeal under subsection 17 (40) of the Act of the official plan, the amendment or the repeal that is the subject of the appeal.

(3) A hearing referred to in clause (2) (c) is a hearing at which evidence regarding the merits of the matters before the Tribunal is to be considered, and does not include a case management conference, pre-hearing conference, preliminary hearing, settlement conference, motion or other hearing event held to consider preliminary matters.

(4) For greater certainty, this section applies even if the hearing referred to in clause (2) (c) is adjourned or rescheduled.

Timelines for appealing failure to make decisions

32. (1) 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 September 2, 2019 if the request was received after December 12, 2017 and on or before June 6, 2019.

(2) 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 September 3, 2019 if the request was received after June 6, 2019 but before September 3, 2019.

(3) An application for an amendment to a zoning by-law shall be continued and disposed of in accordance with subsections 34 (11) and (11.0.0.0.1) and 36 (3) of the Act as they read on September 2, 2019 if the application was received after December 12, 2017 and on or before June 6, 2019.

(4) 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 (11.0.0.0.1) and 36 (3) of the Act as they read on and after September 3, 2019 if the application was received after June 6, 2019 but before September 3, 2019.

(5) An application for the approval of a plan of subdivision shall be continued and disposed of in accordance with subsection 51 (34) of the Act as it read on September 2, 2019 if the application was received on or before June 6, 2019.

(6) For greater certainty, an application for the approval of a plan of subdivision shall be continued and disposed of in accordance with subsection 51 (34) of the Act as it reads on and after September 3, 2019 if the application was received after June 6, 2019 but before September 3, 2019.

Appeals related to plans of subdivision

33. (1) This section applies in respect of,

(a) an appeal under subsection 51 (39) of the Act, if the giving of notice under subsection 51 (37) of the Act is completed before September 3, 2019;

(b) an appeal under subsection 51 (43) of the Act, if the notice of appeal is filed before September 3, 2019; and

(c) an appeal under subsection 51 (48) of the Act, if the giving of notice under subsection 51 (45) of the Act is completed before September 3, 2019.

(2) An appeal referred to in subsection (1) shall be continued and disposed of as if subsection 51 (48.3) of the Act was not in force.

(3) An appeal referred to in clause (1) (a) shall be continued and disposed of in accordance with subsection 51 (39) of the Act as it read on September 2, 2019.

(4) An appeal referred to in clause (1) (b) shall be continued and disposed of in accordance with subsection 51 (43) of the Act as it read on September 2, 2019.

(5) An appeal referred to in clause (1) (c) shall be continued and disposed of in accordance with subsection 51 (48) of the Act as it read on September 2, 2019.

Commencement

8. This Regulation comes into force on the later of September 3, 2019 and the day it is filed.

Made by:
Pris par :

Le ministre des Affaires municipales et du Logement,

Steve Clark

Minister of Municipal Affairs and Housing

Date made: August 29, 2019
Pris le : 29 août 2019

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O. Reg. 296/19: TRANSITIONAL MATTERS - GENERAL

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