O. Reg. 73/18: ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS

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ontario regulation 73/18

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. 545/06

(ZONING BY-LAWS, HOLDING BY-LAWS AND INTERIM CONTROL BY-LAWS)

1. Ontario Regulation 545/06 is amended by striking out “Ministry of Municipal Affairs and Housing Municipal Services Office” wherever it appears and substituting in each case “Ministry of Municipal Affairs Municipal Services Office”.

2. The following provisions of the Regulation are amended by striking out “the Municipal Board” wherever it appears and substituting in each case “the Tribunal”:

1. Subsection 4 (1).

2. Subsection 6 (9).

3. Subsections 9 (8) and (9).

3. (1) Paragraph 4 of subsection 4 (1) of the Regulation is amended by striking out “The last date” at the beginning and substituting “If applicable, the last date”.

(2) Paragraph 5 of subsection 4 (1) of the Regulation is revoked.

4. The following provisions of the Regulation are amended by striking out “the Ontario Municipal Board” wherever it appears and substituting in each case “the Local Planning Appeal Tribunal”:

1. Subsection 5 (11).

2. Subparagraph 5 i of subsection 6 (9).

3. Subsection 9 (8).

5. (1) Subparagraph 5 i of subsection 5 (11) of the Regulation is revoked and the following substituted:

i. If a person or public body would otherwise have an ability to appeal the decision of (reference to council and name of municipality, or name of planning board or approval authority, as the case may be) to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to (name of municipality or planning board) before the by-law is passed, the person or public body is not entitled to appeal the decision.

(2) Subparagraph 5 ii of subsection 5 (11) of the Regulation is amended by striking out “the Board” and substituting “the Tribunal”.

(3) Paragraph 4 of subsection 5 (12) of the Regulation is amended by striking out “information about preserving your appeal rights” and substituting “information about appeal rights”.

(4) Paragraph 5 of subsection 5 (13) of the Regulation is amended by striking out “information about preserving your appeal rights” and substituting “information about appeal rights”.

6. Subparagraph 5 ii of subsection 6 (9) of the Regulation is amended by striking out “in the opinion of the Ontario Municipal Board” and substituting “in the opinion of the Tribunal”.

7. (1) Subsection 7 (1) of the Regulation is amended by striking out “forwarded to the Municipal Board” in the portion before paragraph 0.1 and substituting “forwarded to the Tribunal”.

(2) The English version of subparagraph 6 ii of subsection 7 (1) of the Regulation is revoked and the following substituted:

ii. conforms or does not conflict with any applicable provincial plan or plans, and

(3) Subparagraph 6 iii of subsection 7 (1) of the Regulation is revoked and the following substituted:

iii. conforms with the applicable official plans.

8. (1) Paragraph 4 of subsection 9 (8) of the Regulation is amended by striking out “The last date” at the beginning and substituting “In the case of a notice described in subsection (7) of a by-law passed under subsection 38 (1) of the Act or of a notice of a by-law passed under subsection 38 (2) of the Act, the last date”.

(2) Paragraph 5 of subsection 9 (8) of the Regulation is amended by striking out “The following statement” at the beginning and substituting “In the case of a notice of a by-law passed under subsection 38 (2) of the Act, the following statement”.

(3) Paragraph 4 of subsection 9 (9) of the Regulation is amended by striking out “The last date” at the beginning and substituting “In the case of a notice of a by-law passed under subsection 38 (2) of the Act, the last date”.

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

(3) For greater certainty, despite the amendments made to this Regulation by Ontario Regulation 73/18, 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 34 or 38 of the Act, if it was given before the day Ontario Regulation 73/18 came into force.

2. A record compiled under section 34 of the Act, if it was forwarded before the day Ontario Regulation 73/18 came into force.

3. An application under section 34 of the Act, if the information and material set out in Schedule 1 were provided before the day Ontario Regulation 73/18 came into force.

10. (1) Section 4 of Schedule 1 to the Regulation is revoked and the following substituted:

4. The current designation of the subject land in the applicable official plans, and an explanation of how the application conforms with the official plans.

(2) Sections 29 and 31 of Schedule 1 to the Regulation are revoked and the following substituted:

29. An explanation of how the application for an amendment to the zoning by-law is consistent with policy statements issued under subsection 3 (1) of the Act.

. . . . .

31. If the answer to section 30 is yes, an explanation of how the application conforms or does not conflict with the provincial plan or plans.

Commencement

11. 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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