O. Reg. 178/16: PLANS OF SUBDIVISION
filed June 8, 2016 under Planning Act, R.S.O. 1990, c. P.13
Skip to contentontario regulation 178/16
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. 544/06
(PLANS OF SUBDIVISION)
1. (1) Subsection 4 (7) of Ontario Regulation 544/06 is revoked and the following substituted:
(7) 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.
(2) Subsection 4 (8) 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”.
(3) Subsection 4 (9) of the Regulation is amended by striking out “personal service, ordinary mail or fax” and substituting “personal service, ordinary mail, fax or email”.
(4) Subsection 4 (10) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(10) A notice, other than a notice that is given by posting as described in clause (2) (b) or by publishing in a newspaper as described in subsection (5), shall include the following:
. . . . .
(5) Paragraph 2 of subsection 4 (10) of the Regulation is revoked and the following substituted:
2. A description of the subject land or a key map showing the subject land.
(6) Paragraph 3 of subsection 4 (10) of the Regulation is amended by striking out “information” and substituting “information and material”.
(7) Paragraph 6 of subsection 4 (10) of the Regulation is amended by striking out “the land proposed to be subdivided” and substituting “the subject land”
(8) Subsection 4 (10) 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.
(9) Paragraph 3 of subsection 4 (12) of the Regulation is revoked and the following substituted:
3. 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 approval authority).
(10) Section 4 of the Regulation is amended by adding the following subsection:
(13) A notice that is given by publishing in a newspaper as described in subsection (5) shall include the following:
1. A description of the proposed plan of subdivision.
2. Where and when additional information and material regarding the proposed plan of subdivision will be available to the public for inspection.
3. A description of the subject land or a key map showing the subject land.
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 approval authority).
2. (1) Subsection 5 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(4) A notice, other than a notice that is given by posting as described in clause 4 (2) (b) or by publishing in a newspaper as described in subsection 4 (5), shall include the following:
. . . . .
(2) Paragraph 3 of subsection 5 (4) of the Regulation is revoked and the following substituted:
3. A description of the subject land or a key map showing the subject land.
3.1 Where and when additional information and material regarding the proposed plan of subdivision will be available to the public for inspection.
3.2 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.
(3) Paragraph 4 of subsection 5 (5) 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 approval authority).
(4) Section 5 of the Regulation is amended by adding the following subsection:
(6) A notice that is given by publishing in a newspaper as described in subsection 4 (5) shall include the following:
1. A description of the proposed plan of subdivision.
2. Where and when additional information and material regarding the proposed plan of subdivision will be available to the public for inspection.
3. A description of the subject land or a key map showing the subject land.
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 approval authority).
3. (1) Section 7 of the Regulation is amended by striking out “or a common elements condominium description” at the end.
(2) Section 7 of the Regulation is amended by adding the following subsection:
(2) Section 30.1 of Schedule 1 does not apply to an application for approval of a condominium description that is not a vacant land condominium description.
4. (1) Subsection 9 (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 51 (38) (a) of the Act, notice of the approval authority’s decision under subsection 51 (37) of the Act shall include the following:
. . . . .
(2) Subparagraph 4 ii of subsection 9 (1) of the Regulation is amended by adding “or, in the Ontario Municipal Board’s opinion, there are reasonable grounds to add the person or public body as a party” at the end.
(3) Subparagraph 5 ii of subsection 9 (1) of the Regulation is amended by striking out “written submissions to the council” and substituting “written submissions to the council, or made a written request to be notified of changes to the conditions”.
(4) Subsection 9 (2) of the Regulation is amended by striking out “by personal service, ordinary mail or fax”.
(5) Section 9 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. (1) Subparagraph 4 ii of subsection 10 (1) of the Regulation is amended by adding “or, in the Ontario Municipal Board’s opinion, there are reasonable grounds to add the person or public body as a party” at the end.
(2) Subsection 10 (2) of the Regulation is amended by striking out “by personal service, ordinary mail or fax”.
(3) Section 10 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.
6. (1) Section 11 of the Regulation is amended by adding the following paragraph:
1.1 If applicable, a certified copy of the notice of the approval authority’s decision under subsection 51 (37) of the Act.
(2) The English version of subparagraph 3 ii of section 11 is amended by striking out “conforms to” at the beginning and substituting “conforms with”.
(3) The English version of subparagraph 3 iii of section 11 is amended by striking out “conforms to” at the beginning and substituting “conforms with”.
7. Section 12 of the Regulation is amended by adding the following subsection:
(2) For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 178/16, 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 51 of the Act, if it was given before the day Ontario Regulation 178/16 came into force.
2. A record compiled under section 51 of the Act, if it was forwarded before the day Ontario Regulation 178/16 came into force.
3. An application made under subsection 51 (16) of the Act, if the information and material set out in Schedule 1 were provided before the day Ontario Regulation 178/16 came into force.
8. (1) The English version of section 29 of Schedule 1 to the Regulation is amended by striking out “conforms to” and substituting “conforms with”.
(2) Schedule 1 to the Regulation is amended by adding the following section:
30.1 A proposed strategy for consulting with the public with respect to the application.
Commencement
9. 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