Planning Act
R.S.O. 1990, CHAPTER P.13
Historical version for the period January 1, 2003 to November 29, 2004.
Disclaimer: This consolidation is not an official copy of the law because it is affected by one or more retroactive provisions which have not been incorporated into it. For information about the retroactive provisions, see S.O. 2004, chapter 18, subsection 11 (3).
Amended by: 1991, c. 9, s. 1; 1991, c. 15, ss. 41, 42; 1993, c. 26, ss. 49-66; 1993, c. 27, Sched.; 1994, c. 2, ss. 40-49; 1994, c.4, ss. 14, 15; 1994, c. 23, ss. 3-50; 1996, c. 4, ss. 1-42; 1996, c. 32, s. 82; 1997, c. 24, s. 226; 1997, c. 26, Sched.; 1997, c.29, s. 65; 1997, c. 31, s. 164; 1998, c. 15, Sched. E, s. 27; 1999, c. 12, Sched. M, ss. 21-30; 2000, c.5, s.20; 2000, c.26, Sched.K, s.5; 2001, c.9, Sched.J, s.2; 2001, c.17, s.7; 2001, c.32, s.31; 2002, c.1, Sched. C, s.4; 2002, c.9, s.56; 2002, c.17, Sched.B.
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CONTENTS
1. / Interpretation1.1 / Purposes
PART I
PROVINCIAL ADMINISTRATION
2. / Provincial interest
3. / Policy statements
4. / Delegation of Minister’s powers
5. / Further delegation of powers
6. / Consultation
7. / Grants
PART II
LOCAL PLANNING ADMINISTRATION
8. / Planning advisory committee
9. / Planning area defined by Minister
10. / Planning area in unorganized territory
11. / Body corporate
12. / Estimates
13. / Municipal grants
14. / Duties of planning board
14.1 / Joint planning areas
14.2 / Municipal planning authority
14.3 / Finance
14.4 / Expansion
14.5 / Removal
14.6 / Dissolution
14.7 / Official plan
14.8 / Deemed council, municipality
15. / Upper-tier municipalities, planning functions
PART III
OFFICIAL PLANS
16. / Contents of official plan
16.1 / Prescribed process
17. / Approvals
17.1 / Delegation of approval authority
18. / Recommendation of plan
19. / Unorganized territory
19.1 / Deemed council
20. / Lodging of plan
21. / Amendment or repeal of plan
22. / Request for amendment
23. / Request by Minister to amend plan
24. / Public works and by-laws to conform with plan
25. / Acquisition of lands in accordance with provisions of plan
26. / Determining need for revision
27. / Amendments to conform to official plan
PART IV
COMMUNITY IMPROVEMENT
28. / Community improvement project area
29. / Agreement re studies and development
30. / Agreements for grants in aid of community improvement
32. / Grants or loans for repairs
33. / Demolition control area
PART V
LAND USE CONTROLS AND RELATED ADMINISTRATION
34. / Zoning by-laws
35. / No distinction on the basis of relationship
36. / Holding provision by-law
37. / Increased density, etc., provision by-law
38. / Interim control by-law
39. / Temporary use provisions
39.1 / Garden suites
40. / Agreement exempting owner from requirement to provide parking
41. / Site plan control area
42. / Conveyance of land for park purposes
43. / Application of subss. 34 (12-34)
44. / Committee of adjustment
45. / Powers of committee
46. / Mobile homes, land lease community homes
47. / Power of Minister re zoning and subdivision control
48. / Where licence, etc., not to issue
49. / Power of entry
49.1 / Search warrant
PART VI
SUBDIVISION OF LAND
50. / Interpretation
50.1 / Division of land by will
51. / Plan of subdivision approvals
51.1 / Parkland
51.2 / Delegation to committee or officer
52. / Sale of lands in accordance with unregistered plan prohibited
53. / Consents
54. / Delegation of authority to give consents
55. / District land division committee, delegation
56. / Land division committee
57. / Validation certificate
PART VII
GENERAL
58. / Acquisition of land
59. / Power to clear, grade, etc., lands acquired
60. / Exchange of lands
61. / Fair hearing
62. / Not subject to Act
62.1 / Variation of notice requirements
63. / Deemed compliance
64. / Exception
65. / Discretionary dispute resolution techniques
66. / Effect where authority delegated
67. / Penalty
67.1 / Proceeds of fines
68. / Exception
69. / Tariff of fees
69.1 / Fees
69.2 / Fees
70. / Regulations
70.1 / Regulations
70.2 / Development permit system
70.3 / Regulations
71. / Conflict
72. / Repeal of joint official plans
72.1 / Continuation
73. / Planning areas and boards dissolved
74. / Transition
74.1 / Transition
75. / Transition
76. / Transition – residential units
77. / County of Oxford
Interpretation
1.(1)In this Act,
“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 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”)
“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”) 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.
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) and (36), 34(19), 38(4), 45(12), 51(39), (43) and (48) and 53(19) and (27). 1996, c.4, s.1(4).
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).
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. 1994, c.23, s.5; 1996, c.4, s.2; 2001, c.32, s.31(1).
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.
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).
Exercising authority
(5)In exercising any authority that affects a planning matter, 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, shall have regard to policy statements issued under subsection (1). 1996, c.4, s.3; 1998, c.15, Sched.E, s.27(1).
Advice
(6)In providing comments, submissions or advice that affect a planning matter, a minister or ministry, board, commission or agency of the government shall have regard to policy statements issued under subsection (1). 1996, c.4, s.3; 1998, c.15, Sched.E, s.27(2).
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)Repealed: 1996, c.4, s.3.
(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 and section 50 of the Condominium 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.
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.
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.