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Planning Act

R.S.O. 1990, CHAPTER P.13

Consolidation Period: From July 3, 2007 to the e-Laws currency date.

Last amendment: 2006, c. 32, Sched. C, ss. 47, 48.

SKIP TABLE OF CONTENTS

CONTENTS

Interpretation

1.  (1)  In this Act,

“area of employment” means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; (“zone d’emploi”)

“area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”)

“committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”)

“First Nation” means a band as defined in the Indian Act (Canada); (“première nation”)

“land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”)

“local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”)

“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”)

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“Municipal Board” means the Ontario Municipal Board; (“Commission des affaires municipales”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“provincial plan” means,

(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,

(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

(d) a development plan approved under the Ontario Planning and Development Act, 1994,

(e) a growth plan approved under the Places to Grow Act, 2005, or

(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; (“plan provincial”)

“public body” means a municipality, a local board, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”)

“public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”)

“regulations” means regulations made under this Act. (“règlements”)

“residential unit” means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used or intended for use as residential premises, and

(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. (“unité d’habitation”) R.S.O. 1990, c. P.13, s. 1; 1994, c. 23, s. 3 (2); 1996, c. 4, s. 1 (1-3); 2002, c. 17, Sched. B, s. 1; 2004, c. 18, s. 1; 2006, c. 23, s. 1 (1-4).

Limitation

(2)  The term “public body” in subsection (1) excludes all ministries of the Province of Ontario except the Ministry of Municipal Affairs and Housing in respect of subsections 17 (24), (36) and (40), 22 (7.4), 34 (19), 38 (4), 45 (12), 51 (39), (43) and (48) and 53 (19) and (27). 1996, c. 4, s. 1 (4); 2006, c. 23, s. 1 (5).

Designation

(3)  Despite subsection (2), the Minister may by regulation designate any other ministry of the Province of Ontario to be a public body for the purpose of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4).

Exclusion

(4)  The Minister may by regulation exclude any board, commission, agency or official of the Province of Ontario from the definition of “public body” set out in subsection (1) in respect of the provisions referred to in subsection (2). 1996, c. 4, s. 1 (4).

Uses re “area of employment”

(5)  The uses referred to in the definition of “area of employment” in subsection (1) are,

(a) manufacturing uses;

(b) warehousing uses;

(c) office uses;

(d) retail uses that are associated with uses mentioned in clauses (a) to (c); and

(e) facilities that are ancillary to uses mentioned in clauses (a) to (d). 2006, c. 23, s. 1 (6).

Information and material to be made available to public

1.0.1  Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public. 2006, c. 23, s. 2.

Purposes

1.1The purposes of this Act are,

(a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act;

(b) to provide for a land use planning system led by provincial policy;

(c) to integrate matters of provincial interest in provincial and municipal planning decisions;

(d) to provide for planning processes that are fair by making them open, accessible, timely and efficient;

(e) to encourage co-operation and co-ordination among various interests;

(f) to recognize the decision-making authority and accountability of municipal councils in planning. 1994, c. 23, s. 4.

PART I
PROVINCIAL ADMINISTRATION

Provincial interest

2.  The Minister, the council of a municipality, a local board, a planning board and the Municipal Board, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as,

(a) the protection of ecological systems, including natural areas, features and functions;

(b) the protection of the agricultural resources of the Province;

(c) the conservation and management of natural resources and the mineral resource base;

(d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

(e) the supply, efficient use and conservation of energy and water;

(f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

(g) the minimization of waste;

(h) the orderly development of safe and healthy communities;

(h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;

(i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities;

(j) the adequate provision of a full range of housing;

(k) the adequate provision of employment opportunities;

(l) the protection of the financial and economic well-being of the Province and its municipalities;

(m) the co-ordination of planning activities of public bodies;

(n) the resolution of planning conflicts involving public and private interests;

(o) the protection of public health and safety;

(p) the appropriate location of growth and development;

(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. 1994, c. 23, s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3.

Decisions of councils and approval authorities

2.1  When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter, it shall have regard to,

(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

(b) any supporting information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2006, c. 23, s. 4.

Policy statements

3.  (1)  The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. R.S.O. 1990, c. P.13, s. 3 (1).

Minister to confer

(2)  Before issuing a policy statement, the Minister shall confer with such persons or public bodies that the Minister considers have an interest in the proposed statement. 1994, c. 23, s. 6 (1).

Notice

(3)  If a policy statement is issued under subsection (1), the Minister shall cause it to be published in The Ontario Gazette and shall give such further notice of it, in such manner as the Minister considers appropriate, to all members of the Assembly and to any other persons or public bodies that the Minister considers have an interest in the statement. 1994, c. 23, s. 6 (1).

Idem

(4)  Each municipality that receives notice of a policy statement under subsection (3) shall in turn give notice of the statement to each local board of the municipality that it considers has an interest in the statement. R.S.O. 1990, c. P.13, s. 3 (4).

Policy statements and provincial plans

(5)  A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5.

Same

(6)  Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government,

(a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5.

Duties of Minister unaffected

(7)  Except as provided in subsections (5) and (6), nothing in this section affects nor restricts the Minister in carrying out the Minister’s duties and responsibilities under this Act. 1996, c. 4, s. 3.

(8), (9)  Repealed: 1996, c. 4, s. 3.

Review

(10)  The Minister shall, at least every five years from the date that a policy statement is issued under subsection (1), ensure that a review of the policy statement is undertaken for the purpose of determining the need for a revision of the policy statement. 1994, c. 23, s. 6 (3).

Delegation of Minister’s powers

4.  (1)  The Minister, on the request of the council of any municipality, may, by order, delegate to the council any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval the official plan or amendments to the official plan of the municipality of which it is the council and, where the Minister has delegated any such authority, the council has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the council shall be responsible for all matters pertaining thereto, including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 4 (1); 1996, c. 4, s. 4 (1); 1999, c. 12, Sched. M, s. 21; 2006, c. 23, s. 6.

Same

(2)  The Minister, on the request of the planning board of any planning area in a territorial district, may, by order, delegate to the planning board any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval an official plan or amendments to an official plan, and where the Minister has delegated any such authority the planning board has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the planning board shall be responsible for all matters pertaining thereto, including, without limiting the generality of the foregoing, the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 4 (2); 1996, c. 4, s. 4 (2).

Delegation where no request is made

(2.1)  The Minister may, after the prescribed notice is given, by order delegate to the council of an upper-tier municipality or a single-tier municipality any of the Minister’s authority described in subsection (1) if the municipality has an official plan. 2002, c. 17, Sched. B, s. 2.

Delegation to planning board

(2.2)  The Minister may, after the prescribed notice is given, by order delegate to a planning board any of the Minister’s authority described in subsection (2) if the planning board has an official plan. 1996, c. 4, s. 4 (3).

(3)  Repealed: 1994, c. 23, s. 7.

Conditions

(4)  A delegation made by the Minister under this section may be subject to such conditions as the Minister may by order provide. 1996, c. 4, s. 4 (4).

Withdrawal of delegation of powers

(5)  The Minister may by order, accompanied by a written explanation therefor, withdraw any delegation made under this section and, without limiting the generality of the foregoing, such withdrawal may be either in respect of one or more applications for approval specified in the order or in respect of any or all applications for approval made subsequent to the withdrawal of the delegation, and immediately following any such withdrawal the council or the planning board, as the case may be, shall forward to the Minister all papers, plans, documents and other material in the possession of the municipal corporation or the planning board that relate to any matter in respect of which the authority was withdrawn and of which a final disposition was not made by the council or the planning board prior to such withdrawal. R.S.O. 1990, c. P.13, s. 4 (5); 1993, c. 26, s. 49 (4); 1996, c. 4, s. 4 (5).

Further delegation of powers

5.(1)Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Municipal Board. R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1).

Limitation

(2)Despite subsection (1), a council may not delegate the authority to approve or the authority to exempt from approval amendments to official plans without the prior written approval of the Minister, which approval may be subject to such further conditions as the Minister considers appropriate. R.S.O. 1990, c. P.13, s. 5 (2); 1996, c. 4, s. 5 (2).

Further delegation of powers

(3)In addition to the authority of a council to, in turn, delegate any authority under subsection (1), where the Minister has delegated to a council his or her authority for the giving of consents under section 53, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate the authority for the giving of consents to a committee of adjustment constituted under section 44.

Conditions

(4)A delegation made by a council under subsection (1) or (3) may be subject to such conditions as the council may by by-law provide and as are not in conflict with any conditions provided by order of the Minister under section 4.

Withdrawal of delegation of powers

(5)A council may by by-law withdraw any delegation made under subsection (1) or (3), whereupon subsection 4 (5) applies with necessary modifications. R.S.O. 1990, c. P.13, s. 5 (3-5).

Consultation

6.(1)In this section,

“ministry” means any ministry or secretariat of the Government of Ontario and includes a board, commission or agency of the Government. R.S.O. 1990, c. P.13, s. 6 (1); 1998, c. 15, Sched. E, s. 27 (3).

Planning policies

(2)A ministry, before carrying out or authorizing any undertaking that the ministry considers will directly affect any municipality, shall consult with, and have regard for, the established planning policies of the municipality. R.S.O. 1990, c. P.13, s. 6 (2).

Grants

7.The Minister may, out of the money appropriated therefor by the Legislature, make grants of money to assist in the performing of any duty or function of a planning nature. R.S.O. 1990, c. P.13, s. 7.

PART II
LOCAL PLANNING ADMINISTRATION

Planning advisory committee

8.(1)The council of a municipality may appoint a planning advisory committee composed of such persons as the council may determine.

Joint planning by agreement

(2)The councils of two or more municipalities may enter into agreement to provide for the joint undertaking of such matters of a planning nature as may be agreed upon and may appoint a joint planning advisory committee composed of such persons as they may determine.

Remuneration

(3)Persons appointed to a committee under this section may be paid such remuneration and expenses as the council or councils may determine, and where a joint committee is appointed, the councils may by agreement provide for apportioning to their respective municipalities the costs of the payments. R.S.O. 1990, c. P.13, s. 8.

Local appeal body

8.1  (1)  If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5). 2006, c. 23, s. 7.

Local and upper-tier municipalities

(2)  For greater certainty, this section applies to both local and upper-tier municipalities. 2006, c. 23, s. 7.

Term and qualifications

(3)  A person who is appointed to the local appeal body,

(a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

(b) shall have the prescribed qualifications, if any. 2006, c. 23, s. 7.

Eligibility criteria

(4)  In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria. 2006, c. 23, s. 7.

Restriction

(5)  The council shall not appoint to the local appeal body a person who is,

(a) an employee of the municipality;

(b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or

(c) a member of a prescribed class. 2006, c. 23, s. 7.

Power to hear appeals

(6)  The council may by by-law empower the local appeal body to hear appeals under,

(a) subsection 45 (12);

(b) subsections 53 (14), (19) and (27); or

(c) the provisions listed in both clauses (a) and (b). 2006, c. 23, s. 7.

Effect of by-law under subs. (6)

(7)  If a by-law has been passed under subsection (6),

(a) the local appeal body has all the powers and duties of the Municipal Board under the relevant provisions of this Act;

(b) all references in this Act to the Municipal Board in connection with appeals shall be read as references to the local appeal body; and

(c) appeals under the relevant provisions shall be made to the local appeal body, not to the Municipal Board. 2006, c. 23, s. 7.

Prescribed requirements

(8)  The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body. 2006, c. 23, s. 7.

Fee

(9)  An appellant shall pay to the local appeal body any fee that the council establishes by by-law. 2006, c. 23, s. 7.

Appeal

(10)  An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law. 2006, c. 23, s. 7.

Saving

(11)  For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1). 2006, c. 23, s. 7.

Exception, related appeals

(12)  Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Municipal Board, not to the local appeal body, if a related appeal,

(a) has previously been made to the Board and has not yet been finally disposed of; or

(b) is made to the Board together with the appeal under a provision listed in subsection (6). 2006, c. 23, s. 7.

Same

(13)  For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made,

(a) under section 17, 22, 34, 36, 38, 41 or 51 or in relation to a development permit system; and

(b) in respect of the same matter as the appeal under a provision listed in subsection (6). 2006, c. 23, s. 7.

Dispute

(14)  A person may make a motion for directions to have the Municipal Board determine a dispute about whether subsection (12) or (16) applies to an appeal. 2006, c. 23, s. 7.

Final determination

(15)  The Municipal Board’s determination under subsection (14) is not subject to appeal or review. 2006, c. 23, s. 7.

O.M.B. to assume jurisdiction

(16)  If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed in respect of a related appeal, the Municipal Board shall assume jurisdiction to hear the first-mentioned appeal. 2006, c. 23, s. 7.

Same

(17)  When the Municipal Board assumes jurisdiction as described in subsection (16), the local appeal body,

(a) shall immediately forward to the Board all information and material in its possession that relates to the appeal; and

(b) shall not take any further action with respect to the appeal. 2006, c. 23, s. 7.

Withdrawal of power

(18)  The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made. 2006, c. 23, s. 7.

Exception

(19)  An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order. 2006, c. 23, s. 7.

Effect of withdrawal

(20)  If an order is made under subsection (18),

(a) the Municipal Board shall hear all appeals to which the order applies; and

(b) the local appeal body to which the order relates shall forward to the Board all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 23, s. 7.

Revocation of withdrawal

(21)  The Minister may by order, accompanied by a written explanation for it, revoke all or part of an order made under subsection (18). 2006, c. 23, s. 7.

Exception

(22)  An order made under subsection (21) does not apply to an appeal if the hearing before the Municipal Board has begun on or before the date of the order. 2006, c. 23, s. 7.

Effect of revocation

(23)  If an order is made under subsection (21),

(a) the local appeal body shall hear all appeals to which the order applies; and

(b) the Municipal Board shall forward to the local appeal body all information and material in its possession that relates to any appeal to which the order applies. 2006, c. 23, s. 7.

Restriction

(24)  This section does not authorize a municipality to,

(a) establish a joint local appeal body together with one or more other municipalities; or

(b) empower a local appeal body that is established by another municipality to hear appeals. 2006, c. 23, s. 7.

City of Toronto

(25)  This section does not apply with respect to the City of Toronto. 2006, c. 23, s. 7.

Transition

(26)  This section does not apply with respect to an appeal that is made before the day a by-law passed under subsection (6) by the council of the relevant municipality comes into force. 2006, c. 23, s. 7.

Planning area defined by Minister

9.(1)The Minister may define and name a planning area consisting of the whole of two or more municipalities that are situate in a territorial district or consisting of the whole of one or more municipalities and territory without municipal organization.

Planning board for planning area

(2)Where a planning area is defined under subsection (1), the Minister shall establish the planning board for the planning area and specify the name of the board and the number of members to be appointed to it by the council of each municipality within the planning area and the number of members, if any, to be appointed by the Minister.

Appointments to board

(3)The council of each municipality shall appoint to the planning board the number of members specified by the Minister under subsection (2) and, after the initial appointments, the appointments shall be made by each successive council as soon as practicable after the council is organized.

Term of office

(4)The members,

(a) appointed by the council of each municipality shall hold office for the term of the council that appointed them; and

(b) appointed by the Minister shall hold office for the term specified by the Minister in their appointment,

and until their successors are appointed. R.S.O. 1990, c. P.13, s. 9.

Planning area in unorganized territory

10.The Minister may define and name a planning area consisting of territory without municipal organization and may establish and name a planning board for the planning area and appoint the members thereof. R.S.O. 1990, c. P.13, s. 10.

Body corporate

11.(1)A planning board is a body corporate and a majority of its members constitutes a quorum.

Chair

(2)A planning board shall annually elect a chair and a vice-chair who shall preside in the absence of the chair.

Secretary-treasurer, employees, consultants

(3)A planning board shall appoint a secretary-treasurer, who may be a member of the board, and may engage such employees and consultants as are considered appropriate.

Execution of documents

(4)The execution of documents by a planning board shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer, and the corporate seal of the board. R.S.O. 1990, c. P.13, s. 11.

Estimates

12.(1)A planning board established by the Minister for a planning area consisting of one municipality and territory without municipal organization shall submit annually to the council of the municipality an estimate of its financial requirements for the year and the council may amend such estimate and shall pay to the secretary-treasurer of the planning board out of the money appropriated for the planning board such amounts as may be requisitioned from time to time.

Two or more municipalities

(2)In the case of a planning board established for a planning area consisting of two or more municipalities or consisting of two or more municipalities and territory without municipal organization, the planning board shall annually submit its estimates to the council of each of such municipalities together with a statement as to the proportion thereof to be chargeable to each municipality.

When estimates binding

(3)If the estimates submitted under subsection (2) are approved, or are amended and approved, by the councils of municipalities representing more than one-half of the population of the planning area for which the board was established, the estimates are binding on all the municipalities.

Notification

(4)After the estimates have been approved as provided in subsection (3), the planning board shall so notify each municipality involved and shall notify each such municipality of the total approved estimates and the amount thereof chargeable to it, based on the apportionment set out in the statement submitted under subsection (2).

Where apportionment not satisfactory

(5)If the council of any municipality is not satisfied with the apportionment, it may, within fifteen days after receiving the notice under subsection (4), notify the planning board and the secretary of the Municipal Board that it desires the apportionment to be made by the Board.

Power of O.M.B.

(6)The Municipal Board shall hold a hearing and determine the apportionment and its decision is final.

Payment

(7)Each municipality shall pay to the secretary-treasurer of the planning board such amounts as may be requisitioned from time to time up to the amount determined by the planning board under subsection (4) or by the Municipal Board under subsection (6), as the case may be. R.S.O. 1990, c. P.13, s. 12.

Municipal grants

13.Any municipality within a planning area may make grants of money to the planning board of the planning area. R.S.O. 1990, c. P.13, s. 13.

Duties of planning board

14.(1)A planning board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the board,

(a) by the councils to which the board submits its estimates under section 12, or by any of such councils; or

(b) by the Minister, in the case of a planning board appointed for a planning area consisting solely or partially of territory without municipal organization.

Preparation of official plan

(2)A planning board shall prepare a plan suitable for adoption as the official plan of the planning area, or at the request of any of the councils mentioned in subsection (1), prepare a plan suitable for adoption as the official plan of the municipality of which it is the council. R.S.O. 1990, c. P.13, s. 14.

Joint planning areas

14.1(1)The councils of two or more local municipalities that are within one or more counties whether or not they form part of a county for municipal purposes may by by-law define a municipal planning area, establish a municipal planning authority for the area and specify the name of the authority.

Approval of by-law

(2)The council of a municipality shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county.

Body corporate

(3)A municipal planning authority is a body corporate.

Composition

(4)All the members of a municipal planning authority shall be members of council.

Number of members

(5)The council of each local municipality shall appoint to the municipal planning authority the number of members prescribed and, after the initial appointments, the appointments shall be made by each successive council as soon as possible after the council is organized.

Term

(6)The members of the municipal planning authority shall hold office for the term of the council that appointed them and until their successors are appointed.

Vacancies

(7)If a vacancy occurs from any cause, the council shall, as soon as possible, appoint a member of its council to the municipal planning authority who shall hold office for the remainder of the unexpired term. 1994, c. 23, s. 8.

Municipal planning authority

14.2  (1)  Each member of a municipal planning authority is entitled to one vote. 1994, c. 23, s. 8.

Quorum

(2)  A majority of the members of a municipal planning authority constitutes a quorum. 1994, c. 23, s. 8.

Chair

(3)  A municipal planning authority shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. 1994, c. 23, s. 8.

Secretary-treasurer

(4)  A municipal planning authority shall appoint a secretary-treasurer who may be a member of the authority. 1994, c. 23, s. 8.

Documents

(5)  The execution of documents by a municipal planning authority shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer and the corporate seal of the authority. 1994, c. 23, s. 8.

Records, inspection

(6)  The secretary-treasurer shall keep on file minutes and records of all applications and the decisions on them and of all other business of the authority, and section 253 of the Municipal Act, 2001 applies with necessary modifications in respect of the documents kept. 1994, c. 23, s. 8; 2002, c. 17, Sched. B, s. 3.

Finance

14.3(1)On or before March 31 of each year, a municipal planning authority shall determine its financial requirements and the proportion of it to be chargeable to each municipality and shall notify the council of each of the municipalities within the municipal planning area of its financial requirements together with a statement as to the proportion of it to be chargeable to each municipality.

Determination by O.M.B.

(2)If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Municipal Board that it desires the apportionment to be made by the Board.

Hearing

(3)The Municipal Board shall hold a hearing and determine the apportionment and its decision is final.

Payments

(4)Each municipality shall pay to the secretary-treasurer of the municipal planning authority such amounts as may be requisitioned from time to time up to the amount determined by the municipal planning authority under subsection (1) or by the Municipal Board under subsection (3), as the case may be. 1994, c. 23, s. 8.

County levy

(5)If a municipal planning authority has been established, a county shall raise the amounts required for county land use planning purposes by levying a special rate on rateable property not in the municipal planning area. 1997, c. 29, s. 65.

Expansion

14.4(1)A municipal planning authority may, upon the request of the council of a local municipality that is within a county, whether or not it forms part of the county for municipal purposes, by by-law redefine the municipal planning area to add the municipality to the planning area and rename the municipal planning authority.

Approval of by-law

(2)A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county.

Appointments

(3)The council of a municipality added to a municipal planning authority under subsection (1) shall, as soon as possible, appoint to the authority the number of members prescribed and, after the initial appointment, the appointments shall be made by each successive council, as soon as possible, after the council is organized. 1994, c. 23, s. 8.

Removal

14.5(1)Upon the request of the council of a local municipality that is within a municipal planning area, the municipal planning authority shall by by-law redefine the municipal planning area to remove the municipality from the planning area and may rename the municipal planning authority.

Approval

(2)A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister.

Adjustment

(3)The members of a municipal planning authority appointed by a local municipality which is removed from the authority shall cease to be members of the authority on the date the by-law passed under subsection (1) comes into effect. 1994, c. 23, s. 8.

Dissolution

14.6(1)A municipal planning authority may by by-law dissolve the municipal planning area and the municipal planning authority.

Approval

(2)A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister.

Dissolution by Minister

(3)The Minister may by order dissolve a municipal planning area and a municipal planning authority.

Assets, liabilities

(4)All the assets and liabilities of a municipal planning authority dissolved under this section are assets and liabilities of the municipalities that formed part of the municipal planning area and, if such municipalities cannot agree as to the disposition of the assets and liabilities, the Municipal Board, upon the application of one or more of the municipalities, shall direct a final disposition.

Same

(5)If assets or liabilities are transferred or assigned to a municipality under an agreement or an order of the Municipal Board under this section, the municipality stands in the place of the municipal planning authority for all purposes.

Transitional matters

(6)Despite this or any other Act, the Minister may by order provide for transitional matters which, in the opinion of the Minister, are necessary or expedient to establish, expand or dissolve a municipal planning authority or to remove a municipality from a municipal planning authority. 1994, c. 23, s. 8.

Official plan

14.7(1)If land in a municipal planning area is covered by the official plan of a county, the parts of the official plan which affect the land in the municipal planning area shall be deemed for all purposes to be the official plan of the municipal planning authority on the day the municipal planning authority is established and the county shall forward to the municipal planning authority all papers, plans and documents and other material that relate to the parts of the official plan that are deemed to be the official plan of the municipal planning authority.

Restriction

(2)The council of a county shall not exercise any power under section 17 in respect of land in the county that is in a municipal planning area. 1994, c. 23, s. 8.

Preparation of plan

(3)A municipal planning authority shall prepare and adopt a plan and, unless exempt from approval, submit it for approval as an official plan in respect of the land in the municipal planning area that is not covered by an official plan deemed under subsection (1) to be the official plan of the municipal planning authority. 1994, c. 23, s. 8; 1996, c. 4, s. 6 (1).

Application

(4)Section 17 applies with necessary modification to the preparation and adoption of a plan by a municipal planning authority and, unless exempt from approval, the approval of the plan as an official plan as though the planning authority were the council of the municipality and the secretary-treasurer were the clerk of the municipality. 1996, c. 4, s. 6 (2).

Deemed official plan

(5)If land that is in a local municipality that forms part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan of the municipal planning authority which affect the land removed from the municipal planning area shall be deemed for all purposes to be the official plan of the county on the day the by-law removing the land is passed and the municipal planning authority shall forward to the county all papers, plans and documents and other materials that relate to the parts of the plan that are deemed to be the official plan of the county.

Revocation

(6)If land that is in a local municipality that does not form part of a county for municipal purposes is removed from a municipal planning area, the parts of the official plan which affect the land removed from the municipal planning area are revoked.

Deemed plan

(7)If land that is in a local municipality that forms part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality shall be deemed for all purposes to be the official plan of the county on the day the municipal planning authority is dissolved.

Revocation

(8)If land that is in a local municipality that does not form part of a county for municipal purposes is in a municipal planning area that is dissolved, the parts of the official plan of the municipal planning authority which affect land in the local municipality are revoked.

Conformity with upper tier plan

(9)Section 27 applies with necessary modifications to the official plan of a planning authority as though the official plan of the municipal planning authority were the official plan of a county and the municipal planning authority were the council of a county. 1994, c. 23, s. 8.

Deemed council, municipality

14.8(1)Sections 2 and 3, subsections 4 (1), (4) and (5), 5 (1), (2), (4) and (5), 6 (2), 8 (1) and (3), sections 16, 16.1, 17, 20, 21, 22, 23 and 26, subsection 51 (37) and (45), sections 62.1, 65, 66, 68 and 69 apply to a municipal planning area or a municipal planning authority, as appropriate, and the municipal planning area and municipal planning authority shall be deemed to be a municipality or a council of a municipality, respectively, for those purposes. 1994, c. 23, s. 8.

(2) Repealed: 1996, c. 4, s. 7.

Upper-tier municipalities, planning functions

15.  The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may,

(a) assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act; or

(b) provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 2002, c. 17, Sched. B, s. 4.

PART III
OFFICIAL PLANS

Contents of official plan

16.  (1)  An official plan shall contain,

(a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic and natural environment of the municipality or part of it, or an area that is without municipal organization; and

(b) such other matters as may be prescribed. 2006, c. 23, s. 8.

Same

(2)  An official plan may contain,

(a) a description of the measures and procedures proposed to attain the objectives of the plan;

(b) a description of the measures and procedures for informing and obtaining the views of the public in respect of a proposed amendment to the official plan or proposed revision of the plan or in respect of a proposed zoning by-law; and

(c) such other matters as may be prescribed. 2006, c. 23, s. 8.

(3), (4)  Repealed: 1996, c. 4, s. 8 (2).

Prescribed process

16.1The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act. 1994, c. 23, s. 9.

Approvals

17.  (1)  Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section. 1996, c. 4, s. 9.

Approval by upper-tier municipality

(2)  An upper-tier municipality is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1).

(3)  Repealed: 2002, c. 17, Sched. B, s. 5 (2).

Upper-tier become approval authority

(4)  On the day that all or part of a plan that covers an upper-tier municipality comes into effect as the official plan of a municipality, the upper-tier municipality is the approval authority in respect of the approval of a plan as an official plan of a lower-tier municipality. 2002, c. 17, Sched. B, s. 5 (3).

(5)  Repealed: 2002, c. 17, Sched. B, s. 5 (4).

Removal of power

(6)  The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (2) or (4) and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments submitted for approval after the order is made. 1996, c. 4, s. 9; 2002, c. 17, Sched. B, s. 5 (5).

Transfer of approval authority

(7)  If an order is made under subsection (6), the Minister becomes the approval authority in respect of the plans and proposed official plan amendments to which the order relates and the council of the former approval authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter in respect of which the power was removed and of which a final disposition was not made by the approval authority. 1996, c. 4, s. 9.

Revocation

(8)  If the Minister revokes the order or part of the order made under subsection (6), the council reverts back to being the approval authority in respect of all plans or proposed official plan amendments to which the revoked order or revoked part of the order applied. 1996, c. 4, s. 9.

Exemption

(9)  Subject to subsection 26 (6), the Minister may by order exempt a plan or proposed official plan amendment from his or her approval under this section and the order may be in respect of the plan or proposed official plan amendment specified in the order or in respect of any or all plans or proposed official plan amendments. 1996, c. 4, s. 9; 2006, c. 23, s. 9 (1).

Authority to exempt

(10)  The Minister may by order authorize an approval authority to pass a by-law,

(a) exempting any or all plans or proposed official plan amendments from its approval under this section; and

(b) exempting a plan or proposed official plan amendment from its approval under this section. 1996, c. 4, s. 9.

Conditions

(11)  An exemption under subsection (9) or (10) or an authorization under subsection (10) may be subject to such conditions as the Minister or the approval authority may provide in the order or by-law. 1996, c. 4, s. 9.

Removal of exemption or authorization

(12)  The Minister may by order or an approval authority may by by-law, accompanied by a written explanation for it, remove any exemption made under subsection (9) or (10) or any authorization made under subsection (10). 1996, c. 4, s. 9.

Mandatory adoption

(13)  A plan shall be prepared and adopted and, unless exempt from approval, submitted for approval by the council of a prescribed municipality. 2002, c. 17, Sched. B, s. 5 (6).

Discretionary adoption

(14)  The council of a municipality not prescribed under subsection (13) may prepare and adopt a plan and, unless the plan is exempt from approval, submit it for approval. 2002, c. 17, Sched. B, s. 5 (7).

Consultation and public meeting

(15)  In the course of the preparation of a plan, the council shall ensure that,

(a) the appropriate approval authority is consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material, even if the plan is exempt from approval;

(b) the prescribed public bodies are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;

(c) adequate information and material, including a copy of the current proposed plan, is made available to the public, in the prescribed manner, if any; and

(d) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the current proposed plan. 2006, c. 23, s. 9 (2).

Open house

(16)  If the plan is being revised under section 26 or amended in relation to a development permit system, the council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions about the information and material made available under clause (15) (c). 2006, c. 23, s. 9 (2).

Notice

(17)  Notice of the public meeting required under clause (15) (d) and of the open house, if any, required under subsection (16) shall,