The Planning Act as it pertains to Plans of Subdivision

2 The Minister, the council of a municipality, a local board, a planning board and the Tribunal, 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, including affordable 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;

(r) the promotion of built form that,

(i) is well-designed,

(ii) encourages a sense of place, and

(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;

(s) the mitigation of greenhouse gas emissions and adaptation to a changing climate.  1994, c. 23, s. 5; 1996, c. 4, s. 2; 2001, c. 32, s. 31 (1); 2006, c. 23, s. 3; 2011, c. 6, Sched. 2, s. 1; 2015, c. 26, s. 12; 2017, c. 10, Sched. 4, s. 11 (1); 2017, c. 23, Sched. 5, s. 80.

PART VI
SUBDIVISION OF LAND

Interpretation

50 (1) In this section and in section 53,

“consent” means,

(a) where land is situate in a lower-tier municipality, a consent given by the council of the upper-tier municipality,

(b) where land is situate in a single-tier municipality that is not in a territorial district, a consent given by the council of the single-tier municipality,

(c) where land is situate in a prescribed single-tier municipality that is in a territorial district, a consent given by the council of the single-tier municipality, and

(d) except as otherwise provided in clauses (a), (b) and (c), a consent given by the Minister.  2002, c. 17, Sched. B, s. 18.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 24, s. 2 (1))

Interpretation, “retained land”

(1.0.0.1) For the purposes of this section and section 53, a reference to “retained land” refers to the whole of a parcel of land that abuts land that is the subject of a certificate given under subsection 53 (42) allowing the conveyance by way of a deed or transfer with a consent that was given on or after March 31, 1979 and that did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or other transaction. 2021, c. 25, Sched. 24, s. 2 (1).

References include delegates

(1.0.1) A reference in subsection (1) and in section 53 to the Minister includes a delegate of the Minister under sections 4 and 55 and a reference to a council includes a delegate of a council under section 54.  2002, c. 17, Sched. B, s. 18.

Removal of power

(1.1) The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more applications for a consent, an approval under subsection (18) or for a certificate of validation specified in the order or in respect of any or all applications for consents, approvals under subsection (18) or for certificates of validation made after the order is made.  1994, c. 23, s. 29 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (1.1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (2))

Removal of power

(1.1) The Minister may by order, accompanied by a written explanation for it, remove the powers of the council of a municipality under this section and sections 53 and 57 and the order may be in respect of one or more of the following:

1. One or more applications for a consent or for a certificate of validation specified in the order.

2. Any or all applications for consents or for certificates of validation made after the order is made.

3. One or more applications for a certificate of cancellation specified in the order.

4. Any or all applications for certificates of cancellation made after the order is made. 2021, c. 25, Sched. 24, s. 2 (2).

Minister to grant consents, etc.

(1.2) If an order is made under subsection (1.1), the Minister has the power of the council to grant consents, to give approvals under subsection (18) or to issue a certificate of validation in respect of applications to which the order relates and the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed.  1994, c. 23, s. 29 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (1.2) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (2))

Minister to grant consents, etc.

(1.2) If an order is made under subsection (1.1),

(a) the Minister has the power of the council to,

(i) grant consents or issue certificates of validation in respect of applications to which the order relates, and

(ii) issue certificates of cancellation in respect of applications to which the order relates; and

(b) the council shall forward to the Minister all papers, plans, documents and other materials that relate to any matter in respect of which the powers were removed and of which a final disposition was not made by the council before the power was removed. 2021, c. 25, Sched. 24, s. 2 (2).

Effect of revocation

(1.3) If the Minister revokes the order or part of the order made under subsection (1.1), the power to grant consents, give approvals under subsection (18) or issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied.  1994, c. 23, s. 29 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (1.3) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (2))

Effect of revocation

(1.3) If the Minister revokes the order or part of the order made under subsection (1.1),

(a) the power to grant consents or to issue certificates of validation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied; and

(b) the power to issue certificates of cancellation reverts back to the council in respect of all applications to which the revoked order or revoked part of the order applied. 2021, c. 25, Sched. 24, s. 2 (2).

Delegation

(1.4) If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents, to give approvals under subsection (18) or to issue certificates of validation and the delegation may be subject to such conditions as the order provides.  1994, c. 23, s. 29 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (1.4) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (2))

Delegation

(1.4) If an order is made under subsection (1.1) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power which was removed from the council to grant consents or to issue certificates of validation or certificates of cancellation and the delegation may be subject to such conditions as the order provides. 2021, c. 25, Sched. 24, s. 2 (2).

Effect of revocation

(1.5) If the Minister revokes the order or part of the order made under subsection (1.4), the power of the municipal planning authority to grant consents, to give approvals under subsection (18) or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.  1994, c. 23, s. 29 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (1.5) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (2))

Effect of revocation

(1.5) If the Minister revokes the order or part of the order made under subsection (1.4),

(a) the power of the municipal planning authority to grant consents or to issue certificates of validation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied;

(b) the power of the municipal planning authority to issue certificates of cancellation reverts back to the Minister in respect of all applications to which the revoked order or revoked part of the order applied; and

(c) the municipal planning authority shall forward to the Minister all papers, plans, documents and other materials that relate to any matter to which the revoked order or part of the order applied and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked. 2021, c. 25, Sched. 24, s. 2 (2).

Proviso

(2) For the purposes of this section, land shall be deemed and shall always have been deemed not to abut land that is being conveyed or otherwise dealt with if it abuts such land on a horizontal plane only.  R.S.O. 1990, c. P.13, s. 50 (2).

Mining rights

(2.1) For the purposes of this section, land shall be deemed and shall always have been deemed to exclude mining rights in or under land but not mining rights on the land.  1994, c. 23, s. 29 (2).

Subdivision control

(3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless,

(a) the land is described in accordance with and is within a registered plan of subdivision;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (3) of the Act is amended by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 2 (3))

(a.1) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(b) the grantor by deed or transfer, the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and sale or the grantor of a use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 50 (3) (b) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (4))

(b) the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

(i) land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

(ii) land that is within a registered description under the Condominium Act, 1998, or

(iii) land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (5) applies to any subsequent conveyance or other transaction;

(b.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units;

(c) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;

(d) the land or any use of or right therein is being acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;

(d.1) Repealed: 2018, c. 16, s. 8 (7).

(e) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose;

(f) a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land;

(g) the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 50 (3) (g) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (5))

(g) the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line or hydrocarbon line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.  R.S.O. 1990, c. P.13, s. 50 (3); 1998, c. 15, Sched. E, s. 27 (4-6); 2006, c. 23, s. 21 (1); 2009, c. 12, Sched. K, s. 2 (1); 2015, c. 26, s. 30 (1, 2); 2016, c. 25, Sched. 4, s. 7 (1); 2018, c. 16, s. 8 (7).

Designation of plans of subdivision not deemed registered

(4) The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purposes of subsection (3).  R.S.O. 1990, c. P.13, s. 50 (4).

Part-lot control

(5) Where land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey a part of any lot or block of the land by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of any lot or block of the land, or mortgage or charge a part of any lot or block of the land, or enter into an agreement of sale and purchase of a part of any lot or block of the land or enter into any agreement that has the effect of granting the use of or right in a part of any lot or block of the land directly or by entitlement to renewal for a period of twenty-one years or more unless,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (5) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2021, c. 25, Sched. 24, s. 2 (6))

Part-lot control

(5) If land is within a plan of subdivision registered before or after the coming into force of this section, no person shall convey any part of the land other than the whole of any lot or block by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of such part, or mortgage or charge such part, or enter into an agreement of sale and purchase of such part or enter into any agreement that has the effect of granting the use of or right in such part directly or by entitlement to renewal for a period of 21 years or more unless,

(a) the grantor by deed or transfer, the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and sale or the grantor of a use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 50 (5) (a) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (7))

(a) the person does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than,

(i) land that is the whole of one or more lots or blocks within one or more registered plans of subdivision,

(ii) land that is within a registered description under the Condominium Act, 1998, or

(iii) land that is the identical parcel of land that was previously conveyed by way of a deed or transfer with a consent given under section 53 or was mortgaged or charged with a consent given under section 53, either of which consent was given on or after March 31, 1979 and did not stipulate that this subsection or subsection (3) applies to any subsequent conveyance or other transaction;

(a.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units;

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (5) of the Act is amended by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 2 (8))

(a.2) the land is the whole of a parcel of land that was previously owned by, or abutted land previously owned by, joint tenants and the ownership would have, but for this clause, merged in the person as a result of the death of one of the joint tenants;

(b) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;

(c) the land or any use of or right therein is being acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;

(c.1) Repealed: 2018, c. 16, s. 8 (8).

(d) the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose;

(e) the land that is being conveyed, or otherwise dealt with is the remaining part of a lot or block, the other part of which was acquired by a body that has vested in it the right to acquire land by expropriation;

(f) a consent is given to convey, mortgage or charge the land or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land;

(g) the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired; or

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 50 (5) (g) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (9))

(g) the land or any use of or right therein was acquired for the purpose of a utility line within the meaning of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired or to that person’s successor in title, provided the person to whom it is being disposed of holds the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land being disposed of; or

(h) the only use of or right in land that is granted is an easement or covenant under the Conservation Land Act.  R.S.O. 1990, c. P.13, s. 50 (5); 1998, c. 15, Sched. E, s. 27 (7-9); 2006, c. 23, s. 21 (2); 2009, c. 12, Sched. K, s. 2 (2); 2016, c. 25, Sched. 4, s. 7 (2); 2018, c. 16, s. 8 (8).

Conveyance of remaining part

(6) Despite subsections (3) and (5), where land is the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent given under clause (3) (f) or (5) (f), the whole of the remaining part may be conveyed or otherwise dealt with before the other part or parts are conveyed or otherwise dealt with, provided that the remaining part is conveyed or otherwise dealt with before the consent mentioned above lapses under subsection 53 (43).  R.S.O. 1990, c. P.13, s. 50 (6); 1994, c. 23, s. 29 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (6) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (10))

Conveyance of retained land

(6) Despite subsections (3) and (5), retained land may be conveyed or otherwise dealt with before the land that is the subject of the consent is dealt with, provided the retained land is conveyed or otherwise dealt with before the consent lapses under subsection 53 (43). 2021, c. 25, Sched. 24, s. 2 (10).

Designation of lands not subject to part-lot control

(7) Despite subsection (5), the council of a local municipality may by by-law provide that subsection (5) does not apply to land that is within such registered plan or plans of subdivision or parts of them as are designated in the by-law.  1996, c. 4, s. 27 (3).

Requirement for approval of by-law

(7.1) A by-law passed under subsection (7) does not take effect until it has been approved by the appropriate approval authority for the purpose of sections 51 and 51.1 in respect of the land covered by the by-law.  1996, c. 4, s. 27 (3).

Exemption from approval

(7.2) An approval under subsection (7.1) is not required if the council that passes a by-law under subsection (7) is authorized to approve plans of subdivision under section 51.  1996, c. 4, s. 27 (3).

Expiration of by-law

(7.3) A by-law passed under subsection (7) may provide that the by-law expires at the expiration of the time period specified in the by-law and the by-law expires at that time.  1996, c. 4, s. 27 (3).

Extension of time period

(7.4) The council of a local municipality may, at any time before the expiration of a by-law under subsection (7), amend the by-law to extend the time period specified for the expiration of the by-law and an approval under subsection (7.1) is not required.  1996, c. 4, s. 27 (3).

Amendment or repeal

(7.5) The council of a local municipality may, without an approval under subsection (7.1), repeal or amend a by-law passed under subsection (7) to delete part of the land described in it and, when the requirements of subsection (28) have been complied with, subsection (5) applies to the land affected by the repeal or amendment.  1996, c. 4, s. 27 (3).

Exception

(8) Nothing in subsections (3) and (5) prohibits, and subsections (3) and (5) shall be deemed never to have prohibited, the giving back of a mortgage or charge by a purchaser of land to the vendor of the land as part or all of the consideration for the conveyance of the land, provided that the mortgage or charge applies to all of the land described in the conveyance.  R.S.O. 1990, c. P.13, s. 50 (8).

Part of building or structure

(9) Nothing in subsections (3) and (5) prohibits the entering into of an agreement that has the effect of granting the use of or right in a part of a building or structure for any period of years.  R.S.O. 1990, c. P.13, s. 50 (9).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (9) of the Act is amended by striking out “in a part of a building or structure for any period of years” at the end and substituting “in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for any period of years”. (See: 2021, c. 25, Sched. 24, s. 2 (11))

Note: On a day to be named by proclamation of the Lieutenant Governor, section 50 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 24, s. 2 (12))

Same

(9.1) For greater certainty, subsection (9) applies to an agreement that has the effect of granting the use of or right in a part of a building or structure, including the use of or right in lands, which use or right is ancillary to the use of or right in the part of the building or structure, for the lifetime of an individual. 2021, c. 25, Sched. 24, s. 2 (12).

Exception

(10) This section does not apply to an agreement entered into under section 2 of the Drainage Act.  R.S.O. 1990, c. P.13, s. 50 (10).

Application to ARDD

(11) This section does not apply so as to prevent the Agricultural Rehabilitation and Development Directorate of Ontario from conveying or leasing land where the land that is being conveyed or leased comprises all of the land that was acquired by the Directorate under one registered deed or transfer.  R.S.O. 1990, c. P.13, s. 50 (11).

Exception to application of subss. (3, 5)

(12) Where a parcel of land is conveyed by way of a deed or transfer with a consent given under section 53, subsections (3) and (5) of this section do not apply to a subsequent conveyance of, or other transaction involving, the identical parcel of land unless the council or the Minister, as the case may be, in giving the consent, stipulates either that subsection (3) or subsection (5) shall apply to any such subsequent conveyance or transaction.  R.S.O. 1990, c. P.13, s. 50 (12).

Reference to stipulation

(13) Where the council or the Minister stipulates in accordance with subsection (12), the certificate provided for under subsection 53 (42) shall contain a reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been given without the stipulation.  R.S.O. 1990, c. P.13, s. 50 (13); 1994, c. 23, s. 29 (5).

Effect of contravention

(14) Where land is within a registered plan of subdivision or within a registered description under the Condominium Act, 1998 or where land is conveyed, mortgaged or charged with a consent given under section 53 or a predecessor thereof, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on June 25, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that occurred before the registration of the plan of subdivision or description or before the giving of a certificate under subsection 53(42) stating that a consent has been given, as the case may be, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before December 15, 1978.  1994, c. 23, s. 29 (6); 2015, c. 28, Sched. 1, s. 155 (1).

Simultaneous conveyances, etc., of abutting lands

(15) Where a person conveys land or grants, assigns or exercises a power of appointment in respect of land, or mortgages or charges land, or enters into an agreement of sale and purchase of land, or enters into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more by way of simultaneous conveyances of abutting lands or by way of other simultaneous dealings with abutting lands, the person so conveying or otherwise dealing with the lands shall be deemed for the purposes of subsections (3) and (5) to retain, as the case may be, the fee or the equity of redemption in, or the power or right to grant, assign or exercise a power of appointment in respect of, land abutting the land that is being conveyed or otherwise dealt with but this subsection does not apply to simultaneous conveyances or other simultaneous dealings involving the same parties acting in their same respective capacities.  R.S.O. 1990, c. P.13, s. 50 (15).

Partial discharges, etc., effect of

(16) Where a person gives a partial discharge of a mortgage on land or gives a partial cessation of a charge on land, the person giving the partial discharge or partial cessation shall be deemed to hold the fee in the lands that is then subject to the mortgage or charge and to retain, after the giving of the partial discharge or partial cessation, the fee in the balance of the lands, and for the purposes of this section shall be deemed to convey by way of deed or transfer the land mentioned in the partial discharge or partial cessation.  R.S.O. 1990, c. P.13, s. 50 (16); 2020, c. 34, Sched. 20, s. 1 (1).

Saving

(17) Subsection (16) does not apply to a partial discharge of a mortgage or partial cessation of a charge if the land described in the partial discharge or partial cessation could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section. 2020, c. 34, Sched. 20, s. 1 (2).

Foreclosure or exercise of power of sale

(18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law without the approval of the Minister or of the council authorized to give a consent under section 53, as the case may be, other than a council authorized to give a consent pursuant to an order under section 4, unless all of the land subject to such mortgage or charge is included in the foreclosure or exercise of the power of sale, but this subsection does not apply where the land foreclosed or in respect of where the power of sale is exercised comprises only,

(a) the whole of one or more lots or blocks within one or more registered plans of subdivision;

(b) one or more parcels of land that do not abut any other parcel of land that is subject to the same mortgage or charge;

(c) the identical parcel of land that has been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction; or

(d) the whole of the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection (3) or (5) applies to any subsequent conveyance or transaction.  R.S.O. 1990, c. P.13, s. 50 (18); 1993, c. 26, s. 58 (1); 1994, c. 23, s. 29 (7); 1996, c. 4, s. 27 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (18) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 2 (13))

Foreclosure or exercise of power of sale

(18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect in law unless,

(a) all of the land that is then subject to the mortgage or charge is included in the foreclosure or exercise of the power of sale; or

(b) all of the land included in the foreclosure or exercise of the power of sale could otherwise be conveyed by way of a deed or transfer by the registered owner of the land in compliance with the provisions of this section. 2021, c. 25, Sched. 24, s. 2 (13).

Criteria

(18.1) No approval shall be given by a council under subsection (18) unless the approval conforms with the prescribed criteria.  1993, c. 26, s. 58 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (18.1) of the Act is repealed. (See: 2021, c. 25, Sched. 24, s. 2 (14))

Release of interest by joint tenant or tenant in common

(19) If two or more persons are joint tenants or tenants in common of a parcel of land while also together holding the fee in any abutting land and one of those tenants releases or conveys their interest in the parcel of land to one or more of the other tenants, the tenant is deemed, for the purposes of subsections (3) and (5), to convey the land by way of a deed or transfer and to retain the fee in the abutting land. 2020, c. 34, Sched. 20, s. 1 (3).

Partition orders

(20) No order made under the Partition Act for the partition of land shall have any effect in law unless,

(a) irrespective of the order, each part of the land described in the order could be conveyed without contravening this section; or

(b) a consent is given to the order.  R.S.O. 1990, c. P.13, s. 50 (20).

Conveyance, etc., contrary to section not to create or convey interest in land

(21) An agreement, conveyance, mortgage or charge made, or a power of appointment granted, assigned or exercised in contravention of this section or a predecessor thereof does not create or convey any interest in land, but this section does not affect an agreement entered into subject to the express condition contained therein that such agreement is to be effective only if the provisions of this section are complied with.  R.S.O. 1990, c. P.13, s. 50 (21).

Exception re prescribed statements

(22) Where a deed or transfer,

(a) contains a statement by the grantor, verifying that to the best of the grantor’s knowledge and belief the deed or transfer does not contravene this section;

(b) contains a statement by the grantor’s solicitor, verifying that,

(i) he or she has explained the effect of this section to the grantor,

(ii) he or she has made inquiries of the grantor to determine that the deed or transfer does not contravene this section,

(iii) based on the information supplied by the grantor, to the best of the solicitor’s knowledge and belief, the deed or transfer does not contravene this section, and

(iv) he or she is an Ontario solicitor in good standing; and

(c) contains a statement by the grantee’s solicitor, verifying that,

(i) he or she has investigated the title to the land and, where relevant, to abutting land,

(ii) he or she is satisfied that the record of title to the land and, where relevant, to abutting land, reveals no existing contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, that has the effect of preventing the conveyance of any interest in the land,

(iii) to the best of his or her knowledge and belief, the deed or transfer does not contravene this section, and

(iv) he or she acts independently of the grantor’s solicitor and is an Ontario solicitor in good standing; and

(d) is registered under the Land Titles Act or the Registry Act,

any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27 (1) (b), as it existed on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor thereof, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day the deed or transfer is registered.  R.S.O. 1990, c. P.13, s. 50 (22); 2020, c. 34, Sched. 20, s. 1 (4).

Search period re Planning Act

(23) For the purposes of the statement referred to in subclause (22) (c) (ii), a solicitor is not required to investigate the registered title to the land except with respect to the time since the registration of the most recent deed or transfer affecting the same land and containing the statements referred to in clauses (22) (a), (b) and (c).  R.S.O. 1990, c. P.13, s. 50 (23).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (23) of the Act is amended by adding “or otherwise determining compliance with this section” after “subclause (22) (c) (ii)”. (See: 2021, c. 25, Sched. 24, s. 2 (15))

Exempting orders

(24) The Minister may by order designate any part of Ontario as land to which subsection (22) shall not apply after the day a certified copy or duplicate of the order is registered in the proper land registry office in a manner approved by the Director of Land Registration appointed under the Registry Act.  R.S.O. 1990, c. P.13, s. 50 (24).

Offence

(25) Every person who knowingly makes a false statement under subsection (22) is guilty of an offence and on conviction is liable to a fine not exceeding the aggregate of the value of,

(a) the land in respect of which the statement is made; and

(b) the relevant abutting land,

determined as of the day of registration of the deed or transfer containing the false statement.  R.S.O. 1990, c. P.13, s. 50 (25).

Copy of by-law to be lodged with approval authority

(26) A certified copy or duplicate of every by-law passed under subsection (4) shall be lodged by the clerk of the municipality in the office of the approval authority.  2006, c. 23, s. 21 (3).

When by-law effective

(27) A by-law passed under subsection (4) is not effective until the requirements of subsection (28) have been complied with.  R.S.O. 1990, c. P.13, s. 50 (27).

Registration of by-law

(28) A certified copy or duplicate of every by-law passed under this section shall be registered by the clerk of the municipality in the proper land registry office.  R.S.O. 1990, c. P.13, s. 50 (28).

Notice

(29) No notice or hearing is required prior to the passing of a by-law under subsection (4), but the council shall give notice of the passing of any such by-law within thirty days of the passing thereof to each person appearing on the last revised assessment roll to be the owner of land to which the by-law applies, which notice shall be sent to the last known address of each such person.  R.S.O. 1990, c. P.13, s. 50 (29).

Hearing by council

(30) The council shall hear in person or by an agent any person to whom a notice was sent under subsection (29), who within twenty days of the mailing of the notice gives notice to the clerk of the municipality that the person desires to make representations respecting the amendment or repeal of the by-law.  R.S.O. 1990, c. P.13, s. 50 (30).

Section Amendments with date in force (d/m/y)

Division of land by will

50.1 (1) No provision in a will that purports to subdivide land is of any effect to subdivide that land unless, irrespective of that provision, each part of the land divided could be conveyed without contravening section 50.

Retroactive effect

(2) Subsection (1) applies even though the will was made before the 26th day of July, 1990 unless the person who made the will died on or before that date.

Tenants in common

(3) If a provision in a will is of no effect to subdivide land under subsection (1), the beneficiaries that would have been entitled to the land if the provision had been effective shall hold the undivided land as tenants in common.  1991, c. 9, s. 1.

(4)-(6) Repealed:  1991, c. 9, s. 1.

Section Amendments with date in force (d/m/y)

Plan of subdivision approvals

51 (1), (2) Repealed:  2002, c. 17, Sched. B, s. 19 (1).

Minister is approval authority

(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1.  1999, c. 12, Sched. M, s. 28 (1).

Deemed approval authority

(3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1.  2009, c. 33, Sched. 21, s. 10 (12).

Single-tier municipality

(4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed.  2002, c. 17, Sched. B, s. 19 (2).

Upper-tier municipality

(5) Subject to subsection (6), if land is in an upper-tier municipality with an approved official plan, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

Timing, upper-tier as approval authority

(5.1) On the day that all or part of a plan that covers all of an upper-tier municipality comes into effect as the official plan of the municipality, the upper-tier municipality is the approval authority under subsection (5).  2002, c. 17, Sched. B, s. 19 (3).

Prescribed lower-tier municipality

(6) If land is in a prescribed lower-tier municipality, the lower-tier municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

Prescribed single-tier municipality in a territorial district

(7) If land is in a prescribed single-tier municipality that is in a territorial district, the municipality is the approval authority for the purposes of this section and section 51.1.  2002, c. 17, Sched. B, s. 19 (3).

(8)-(10) Repealed:  2002, c. 17, Sched. B, s. 19 (4).

Removal of power

(11) The Minister may by order, accompanied by a written explanation for it, remove the power given under subsection (3.1), (4), (5), (6) or (7) and the order may be in respect of the applications specified in the order or in respect of any or all applications made after the order is made.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (2); 2002, c. 17, Sched. B, s. 19 (5); 2009, c. 33, Sched. 21, s. 10 (13).

Minister to be approval authority

(12) If an order is made under subsection (11), the Minister becomes the approval authority in respect of the applications 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 council before the power was removed.  1994, c. 23, s. 30.

Revocation

(13) If the Minister revokes the order or part of the order made under subsection (11), the council reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies.  1994, c. 23, s. 30.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (13) of the Act is amended by striking out “applies” at the end and substituting “applied”. (See: 2021, c. 25, Sched. 24, s. 3 (1))

Delegation

(14) If an order is made under subsection (11) in respect of land that is located in a municipal planning area, the Minister may by order delegate to the municipal planning authority the power to approve proposed plans of subdivision which was removed from the council and the municipal planning authority becomes the approval authority in respect of the applications to which the order made under this subsection relates and the delegation may be subject to such conditions as the order provides.  1994, c. 23, s. 30.

Effect of revocation

(15) If the Minister revokes the order or part of the order made under subsection (14), the Minister reverts back to being the approval authority in respect of all applications to which the revoked order or revoked part of the order applies and the municipal planning authority shall forward to the Minister all papers, plans, documents and other material that relate to any matter to which the revoked order or part of the order applies and of which a final disposition was not made by the municipal planning authority before the order or part of the order was revoked.  1994, c. 23, s. 30.

Application

(16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it.  1994, c. 23, s. 30.

Consultation

(16.1) The approval authority,

(a) shall permit applicants to consult with it before submitting applications under subsection (16); and

(b) in the case of an approval authority that is a municipality, may, by by-law, require applicants to consult with it as described in clause (a).  2006, c. 23, s. 22 (1).

Contents

(17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing,

(a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor;

(b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts;

(c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part;

(d) the purpose for which the proposed lots are to be used;

(e) the existing uses of all adjoining lands;

(f) the approximate dimensions and layout of the proposed lots;

(f.1) if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units;

(g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided;

(h) the availability and nature of domestic water supplies;

(i) the nature and porosity of the soil;

(j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided;

(k) the municipal services available or to be available to the land proposed to be subdivided; and

(l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (3); 2016, c. 25, Sched. 4, s. 8 (1).

Other information

(18) An approval authority may require that an applicant provide any other information or material that the approval authority considers it may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 22 (2).

Refusal and timing

(19) Until the approval authority has received the information and material required under subsections (17) and (18), if any, and any fee under section 69 or 69.1,

(a) the approval authority may refuse to accept or further consider the application; and

(b) the time period referred to in subsection (34) does not begin.  2006, c. 23, s. 22 (2).

Response re completeness of application

(19.1) Within 30 days after the applicant pays any fee under section 69 or 69.1, the approval authority shall notify the applicant and the clerk of the municipality in which the land is located or the secretary-treasurer of the planning board in whose planning area the land is located that the information and material required under subsections (17) and (18), if any, have been provided, or that they have not been provided, as the case may be.  2006, c. 23, s. 22 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (19.1) of the Act is amended by striking out “the clerk of the municipality” and substituting “the clerk of the local municipality”. (See: 2021, c. 25, Sched. 24, s. 3 (2))

Motion re dispute

(19.2) Within 30 days after a negative notice is given under subsection (19.1), the applicant or the approval authority may make a motion for directions to have the Tribunal determine,

(a) whether the information and material have in fact been provided; or

(b) whether a requirement made under subsection (18) is reasonable. 2017, c. 23, Sched. 5, s. 99 (1).

Same

(19.3) If the approval authority does not give any notice under subsection (19.1), the applicant may make a motion under subsection (19.2) at any time after the 30-day period described in subsection (19.1) has elapsed.  2006, c. 23, s. 22 (2).

Alternative measures

(19.3.1) Subject to subsection (19.3.3), if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of proposed plans of subdivision and if the measures are complied with, clause (19.4) (a) and subsections (20) and (21) do not apply. 2015, c. 26, s. 31 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (19.3.1) of the Act is amended by striking out “clause (19.4) (a) and subsections (20) and (21) do not apply” at the end and substituting “clause (19.4) (a) and subsections (19.4.1) and (20) to (21) do not apply”. (See: 2021, c. 25, Sched. 24, s. 3 (3))

Same

(19.3.2) In the course of preparing the official plan, before including alternative measures described in subsection (19.3.1), the council shall consider whether it would be desirable for the measures to allow for notice of the proposed plans of subdivision to the prescribed persons and public bodies mentioned in clause (19.4) (a). 2015, c. 26, s. 31 (1).

Restriction

(19.3.3) Subsection (19.3.1) applies only in the case of an application for approval that is made to an approval authority other than the Minister. 2015, c. 26, s. 31 (1).

Notice of particulars and public access

(19.4) Within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), as the case may be, the council or planning board shall,

(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application, accompanied by the prescribed information; and

(b) make the information and material provided under subsections (17) and (18) available to the public.  2006, c. 23, s. 22 (2); 2017, c. 23, Sched. 5, s. 80.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (19.4) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 3 (4))

Notice of particulars and public access

(19.4) Subject to subsection (19.4.1), within 15 days after the approval authority gives an affirmative notice under subsection (19.1), or within 15 days after the Tribunal advises the approval authority and the clerk or secretary-treasurer of its affirmative decision under subsection (19.2), the approval authority shall ensure that,

(a) the prescribed persons and public bodies are given notice of the application, in the prescribed manner, and that the notice is accompanied by the prescribed information; and

(b) the information and material provided under subsections (17) and (18) are made available to the public. 2021, c. 25, Sched. 24, s. 3 (4).

Exception

(19.4.1) Subsection (19.4) does not apply if the land that is the subject of the application is not located in a municipality or in the planning area of a planning board. 2021, c. 25, Sched. 24, s. 3 (4).

Request by approval authority

(19.4.2) An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided give the notice of the application referred to in clause (19.4) (a) and make the information and material referred to in clause (19.4) (b) available to the public. 2021, c. 25, Sched. 24, s. 3 (4).

Responsibilities

(19.4.3) A local municipality or planning board that is requested under subsection (19.4.2) to give notice of the application shall ensure that the notice is given in accordance with clause (19.4) (a). 2021, c. 25, Sched. 24, s. 3 (4).

Final determination

(19.5) The Tribunal’s determination under subsection (19.2) is not subject to appeal or review. 2017, c. 23, Sched. 5, s. 99 (1).

Public meeting

(20) Before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies prescribed and shall contain the information prescribed. 2019, c. 9, Sched. 12, s. 14 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (20) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 3 (5))

Public meeting

(20) Before a decision is made by an approval authority under subsection (31), the approval authority shall ensure that a public meeting is held, if required by regulation, for the purpose of giving the public an opportunity to make representations in respect of the proposed subdivision. 2021, c. 25, Sched. 24, s. 3 (5).

Notice of meeting

(20.1) Notice of the public meeting required under subsection (20),

(a) shall be given to the prescribed persons and public bodies, in the prescribed manner; and

(b) shall be accompanied by the prescribed information. 2021, c. 25, Sched. 24, s. 3 (5).

Participation in public meeting

(20.2) Every person who attends a public meeting referred to in subsection (20) shall be given an opportunity to make representations in respect of the proposed subdivision. 2021, c. 25, Sched. 24, s. 3 (5).

Information

(20.3) At a public meeting referred to in subsection (20), the approval authority shall ensure that information is made available to the public regarding who is entitled to appeal under subsections (34), (39), (43) and (48). 2021, c. 25, Sched. 24, s. 3 (5).

Transition

(20.4) For clarity, subsections (20.2) and (20.3) do not apply with respect to a public meeting held before the day those subsections came into force. 2021, c. 25, Sched. 24, s. 3 (5).

Request

(21) An approval authority may request that a local municipality or a planning board having jurisdiction over the land that is proposed to be subdivided hold the public meeting referred to in subsection (20). 2019, c. 9, Sched. 12, s. 14 (1).

Responsibilities

(21.1) A local municipality or planning board that is requested to hold the public meeting referred to in subsection (20) shall ensure that,

(a) notice of the meeting is given in accordance with subsection (20);

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 51 (21.1) (a) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 3 (6))

(a) notice of the meeting is given in accordance with subsection (20.1);

(b) the public meeting is held; and

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 51 (21.1) (b) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 3 (6))

(b) the public meeting is held in accordance with subsections (20), (20.2) and (20.3); and

(c) the prescribed information and material are submitted to the approval authority within 15 days after the meeting is held. 2019, c. 9, Sched. 12, s. 14 (1).

(21.2) Repealed: 2019, c. 9, Sched. 12, s. 14 (1).

Written submissions

(22) Any person or public body may make written submissions to the approval authority before the approval authority makes its decision under subsection (31).  1994, c. 23, s. 30.

Consultation

(23) The approval authority may confer with the persons or public bodies that the approval authority considers may have an interest in the approval of the proposed subdivision.  1994, c. 23, s. 30.

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

(a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

(b) whether the proposed subdivision is premature or in the public interest;

(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

(d) the suitability of the land for the purposes for which it is to be subdivided;

(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

(e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

(f) the dimensions and shapes of the proposed lots;

(g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

(h) conservation of natural resources and flood control;

(i) the adequacy of utilities and municipal services;

(j) the adequacy of school sites;

(k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

(l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

(m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006.  1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

Conditions

(25) The approval authority may impose such conditions to the approval of a plan of subdivision as in the opinion of the approval authority are reasonable, having regard to the nature of the development proposed for the subdivision, including a requirement,

(a) that land be dedicated or other requirements met for park or other public recreational purposes under section 51.1;

(b) that such highways, including pedestrian pathways, bicycle pathways and public transit rights of way, be dedicated as the approval authority considers necessary;

(b.1) that such land be dedicated for commuter parking lots, transit stations and related infrastructure for the use of the general public using highways, as the approval authority considers necessary;

(c) when the proposed subdivision abuts on an existing highway, that sufficient land, other than land occupied by buildings or structures, be dedicated to provide for the widening of the highway to such width as the approval authority considers necessary;

(d) that the owner of the land proposed to be subdivided enter into one or more agreements with a municipality, or where the land is in territory without municipal organization, with any minister of the Crown in right of Ontario or planning board dealing with such matters as the approval authority may consider necessary, including the provision of municipal or other services; and

(e) in the case of an application for approval of a description or an amendment to a description, as referred to in subsection 9 (2) of the Condominium Act, 1998, if the condominium will contain affordable housing units and if a shared facilities agreement will be entered into with respect to the condominium, whether under section 21.1 of that Act or otherwise, that the shared facilities agreement be satisfactory to the approval authority. 1994, c. 23, s. 30; 2005, c. 26, Sched. B, s. 1; 2006, c. 23, s. 22 (5); 2016, c. 25, Sched. 4, s. 8 (3).

Agreements

(26) A municipality or approval authority, or both, may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreements may be registered against the land to which it applies and the municipality or the approval authority, as the case may be, is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.  1994, c. 23, s. 30.

Land outside municipalities

(27) If the land proposed to be subdivided is located in territory without municipal organization, any minister of the Crown in right of Ontario or planning board may enter into agreements imposed as a condition to the approval of a plan of subdivision and the agreement may be registered against the land to which it applies and the minister or the planning board is entitled to enforce the provisions of it against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of land.  1994, c. 23, s. 30.

(28)-(30) Repealed:  1996, c. 4, s. 28 (5).

Decision

(31) The approval authority may give or refuse to give approval to a draft plan of subdivision.  1994, c. 23, s. 30.

Lapse of approval

(32) In giving approval to a draft plan of subdivision, the approval authority may provide that the approval lapses at the expiration of the time period specified by the approval authority, being not less than three years, and the approval shall lapse at the expiration of the time period, but if there is an appeal under subsection (39) the time period specified for the lapsing of approval does not begin until the date the Tribunal’s decision is issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (51). 2017, c. 23, Sched. 5, s. 99 (1).

Extension

(33) The approval authority may extend the approval for a time period specified by the approval authority and may further extend it but no extension is permissible if the approval lapses before the extension is given.  1994, c. 23, s. 30.

Appeal to Tribunal

(34) If an application is made for approval of a plan of subdivision and the approval authority fails to make a decision under subsection (31) on it within 120 days after the day the application is received by the approval authority, the applicant may appeal to the Tribunal with respect to the proposed subdivision by filing a notice with the approval authority, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (6); 2004, c. 18, s. 8; 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (2); 2021, c. 4, Sched. 6, s. 80 (1).

Consolidated hearing

(34.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application for approval of a draft plan of subdivision unless the approval authority has given or refused to give approval to the draft plan of subdivision or the time period referred to in subsection (34) has expired. 2021, c. 4, Sched. 6, s. 80 (7).

Record

(35) An approval authority that receives a notice of appeal under subsection (34) shall ensure that,

(a) a record is compiled which includes the prescribed information and material; and

(b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (7); 2017, c. 23, Sched. 5, s. 99 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (35) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 3 (7))

(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

Exception

(35.1) Despite clause (35) (b), if all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority is not required to forward the materials described under clause (35) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (2); 2017, c. 23, Sched. 5, s. 99 (3).

Where all appeals withdrawn

(35.2) If all appeals under subsection (34) are withdrawn within 15 days after the first notice of appeal is filed, the approval authority may proceed to make a decision under subsection (31).  1999, c. 12, Sched. M, s. 28 (3); 2015, c. 26, s. 31 (3).

Withdrawal

(36) If an appeal under subsection (34) is withdrawn, the Tribunal shall notify the approval authority and the approval authority may proceed to make a decision under subsection (31).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 80.

Notice

(37) If the approval authority gives or refuses to give approval to a draft plan of subdivision, the approval authority shall, within 15 days of its decision, give written notice of it in the prescribed manner to,

(a) the applicant;

(b) each person or public body that made a written request to be notified of the decision;

(c) a municipality or a planning board for a planning area in which the land to be subdivided is situated; and

(d) any other person or public body that is prescribed. 2015, c. 26, s. 31 (4).

Contents

(38) The notice under subsection (37) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (38.1) had on the decision; and

(b) any other information that is prescribed. 2015, c. 26, s. 31 (4).

Written and oral submissions

(38.1) Clause (38) (a) applies to,

(a) any written submissions relating to the draft plan of subdivision that were made to the approval authority before its decision; and

(b) any oral submissions relating to the draft plan of subdivision that were made at a public meeting. 2015, c. 26, s. 31 (4).

Exception

(38.2) If the notice under subsection (37) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (38) (a) is not required. 2015, c. 26, s. 31 (4).

(38) Repealed:  1996, c. 4, s. 28 (9).

Appeal

(39) Subject to subsection (43), not later than 20 days after the day that the giving of notice under subsection (37) is completed, any of the following may appeal the decision, the lapsing provision or any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal:

1. The applicant.

2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

2.1 A person listed in subsection (48.3) who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (8); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (3, 4); 2021, c. 4, Sched. 6, s. 80 (1).

Restriction

(39.1) Despite subsection (39), there is no appeal in respect of a part of the decision, or a condition, that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (4).

Exception re Minister

(39.2) Subsection (39.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (4).

Notice completed

(40) For the purpose of subsections (39) and (49), the giving of written notice shall be deemed to be completed,

(a) where notice is given by personal service, on the day that the serving of all required notices is completed;

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

(b) where notice is given by mail, on the day that the mailing of all required notices is completed; and

(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.  1994, c. 23, s. 30; 2015, c. 26, s. 31 (5).

No appeal

(41) If no appeal is filed under subsection (39) or (48), subject to any other right of appeal that may be exercised under this section and subject to subsection (44), the decision of the approval authority to give or to refuse to give approval to a draft plan of subdivision shall be deemed to have been made on the day after the last day for appealing the decision.  1994, c. 23, s. 30.

Declaration

(42) A sworn declaration by an employee of the approval authority that notice was given as required by subsection (37) or (45) or that no notice of appeal was filed under subsection (39) or (48) within the time allowed for appeal is conclusive evidence of the facts stated in it.  1994, c. 23, s. 30.

Appeal

(43) At any time before the approval of the final plan of subdivision under subsection (58), any of the following may appeal any of the conditions to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal:

1. The applicant.

2. A public body that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

2.1 A person listed in subsection (48.3) who, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any public body.  2006, c. 23, s. 22 (9); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (5); 2021, c. 4, Sched. 6, s. 80 (1).

Restriction

(43.1) Despite subsection (43), there is no appeal in respect of a condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (5).

Exception re Minister

(43.2) Subsection (43.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (5).

Withdrawal of approval

(44) The approval authority may, in its discretion, withdraw the approval of a draft plan of subdivision or change the conditions of such approval at any time before the approval of the final plan of subdivision under subsection (58).  1994, c. 23, s. 30.

Notice

(45) If the approval authority changes the conditions to the approval of a plan of subdivision under subsection (44) after notice has been given under subsection (37), the approval authority shall, within 15 days of its decision, give written notice of the changes in the prescribed manner and containing the information prescribed to,

(a) the applicant;

(b) Repealed:  1996, c. 4, s. 28 (11).

(c) each person or public body that made a written request to be notified of changes to the conditions;

(d) a municipality or a planning board for a planning area in which the land to be subdivided is situate; and

(e) any other person or public body prescribed.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (11); 2000, c. 26, Sched. K, s. 5 (5); 2015, c. 26, s. 31 (6).

(46) Repealed:  1996, c. 4, s. 28 (12).

No notice

(47) An approval authority is not required to give written notice under subsection (45) if, in the opinion of the approval authority, the change to conditions is minor.  1994, c. 23, s. 30.

Appeal

(48) Any of the following may appeal any of the changed conditions imposed by the approval authority to the Tribunal by filing with the approval authority a notice of appeal that must set out the reasons for the appeal, accompanied by the fee charged by the Tribunal:

1. The applicant.

2. A public body that, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions.

2.1 A person listed in subsection (48.3) who, before the approval authority gave approval to the draft plan of subdivision, made oral submissions at a public meeting or written submissions to the approval authority or made a written request to be notified of changes to the conditions.

3. The Minister.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (10); 2017, c. 23, Sched. 5, ss. 80, 81; 2019, c. 9, Sched. 12, s. 14 (6, 7); 2021, c. 4, Sched. 6, s. 80 (1).

Restriction

(48.1) Despite subsection (48), there is no appeal in respect of a changed condition that gives effect to a policy described in subsection 16 (4). 2016, c. 25, Sched. 4, s. 8 (6).

Exception re Minister

(48.2) Subsection (48.1) does not apply to an appeal by the Minister. 2016, c. 25, Sched. 4, s. 8 (6).

Persons referred to in para. 2.1 of subs. (39), etc.

(48.3) The following are listed for the purposes of paragraph 2.1 of subsection (39), paragraph 2.1 of subsection (43) and paragraph 2.1 of subsection (48):

1. A corporation operating an electric utility in the local municipality or planning area to which the plan of subdivision would apply.

2. Ontario Power Generation Inc.

3. Hydro One Inc.

4. A company operating a natural gas utility in the local municipality or planning area to which the plan of subdivision would apply.

5. A company operating an oil or natural gas pipeline in the local municipality or planning area to which the plan of subdivision would apply.

6. A person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the plan of subdivision would apply.

7. A company operating a railway line any part of which is located within 300 metres of any part of the area to which the plan of subdivision would apply.

8. A company operating as a telecommunication infrastructure provider in the area to which the plan of subdivision would apply. 2019, c. 9, Sched. 12, s. 14 (8).

Restriction

(49) If the person appealing the changed conditions is other than the applicant or a public body, the appeal must be filed not later than 20 days after the day that the giving of written notice under subsection (45) is completed.  1994, c. 23, s. 30; 1996, c. 4, s. 28 (13).

Use of dispute resolution techniques

(49.1) When a notice of appeal is filed under subsection (39), (43) or (48), the approval authority may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 31 (7).

Notice and invitation

(49.2) If the approval authority decides to act under subsection (49.1),

(a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) it shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the approval authority considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the approval authority considers appropriate. 2015, c. 26, s. 31 (7).

Extension of time

(49.3) When the approval authority gives a notice under clause (49.2) (a), the 15-day period mentioned in clause (50) (b) and subsections (50.1) and (50.2) is extended to 75 days. 2015, c. 26, s. 31 (7).

Participation voluntary

(49.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (49.2) (b) is voluntary. 2015, c. 26, s. 31 (7).

Record

(50) An approval authority that receives a notice of appeal under subsection (39), (43) or (48) shall ensure that,

(a) a record is compiled which includes the prescribed information and material; and

(b) the record, notice of appeal and the fee are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority.  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 99 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 51 (50) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 3 (8))

(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

Exception

(50.1) Despite clause (50) (b), if all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the approval authority is not required to forward the materials described under clause (50) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 99 (5).

Deemed decision

(50.2) If all appeals are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (39) or (49) or within 15 days after the notice of appeal under subsection (43) or (48) was received by the approval authority, the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1999, c. 12, Sched. M, s. 28 (3).

Appeals withdrawn

(51) If all appeals under subsection (39) or (48) are withdrawn and the time for appealing has expired or if all appeals under subsection (43) are withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day all appeals have been withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82.

Hearing

(52) On an appeal, the Tribunal shall hold a hearing, notice of which shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 99 (6).

Restriction re adding parties

(52.1) Despite subsection (52), in the case of an appeal under subsection (39), (43) or (48), only the following may be added as parties:

1. A person or public body who satisfies one of the conditions set out in subsection (52.2).

2. The Minister.

3. The appropriate approval authority.

4. The municipality in which the land is located or the planning board in whose planning area the land is located.

5. If the land is not located in a municipality or in the planning area of a planning board, any person or public body.  2006, c. 23, s. 22 (11).

Same

(52.2) The conditions mentioned in paragraph 1 of subsection (52.1) are:

1. Before the approval authority made its decision with respect to the plan of subdivision, the person or public body made oral submissions at a public meeting or written submissions to the approval authority, or made a written request to be notified of changes to the conditions.

2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party.  2006, c. 23, s. 22 (11); 2017, c. 23, Sched. 5, s. 80.

New evidence at hearing

(52.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (39), (43) or (48) was not provided to the approval authority before it made the decision that is the subject of the appeal.  2006, c. 23, s. 22 (11).

Same

(52.4) When subsection (52.3) applies, the Tribunal may, on its own initiative or on a motion by the approval authority or any party, consider whether the information and material could have materially affected the approval authority’s decision and, if the Tribunal determines that it could have done so, it shall not be admitted into evidence until subsection (52.5) has been complied with and the prescribed time period has elapsed. 2019, c. 9, Sched. 12, s. 14 (9).

Notice to approval authority

(52.5) The Tribunal shall notify the approval authority that it is being given an opportunity to,

(a) reconsider its decision in light of the information and material; and

(b) make a written recommendation to the Tribunal. 2017, c. 23, Sched. 5, s. 99 (6).

Approval authority’s recommendation

(52.6) The Tribunal shall have regard to the approval authority’s recommendation if it is received within the time period mentioned in subsection (52.4), and may but is not required to do so if it is received afterwards. 2017, c. 23, Sched. 5, s. 99 (6).

Conflict with SPPA

(52.7) Subsections (52.1) to (52.6) apply despite the Statutory Powers Procedure Act.  2006, c. 23, s. 22 (11).

Dismissal without hearing

(53) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without holding a hearing if,

(a) it is of the opinion that,

(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give approval to the draft plan of subdivision or determine the question as to the condition appealed to it,

(ii) the appeal is not made in good faith or is frivolous or vexatious,

(iii) the appeal is made only for the purpose of delay, or

(iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process;

(b) Repealed: 2006, c. 23, s. 22 (14).

(c) the appellant has not provided written reasons for the appeal;

(d) the appellant has not paid the fee charged by the Tribunal; or

(e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (14, 15); 2006, c. 23, s. 22 (12-14); 2017, c. 23, Sched. 5, s. 99 (7); 2019, c. 9, Sched. 12, s. 14 (10); 2021, c. 4, Sched. 6, s. 80 (1).

Same

(53.1) Despite the Statutory Powers Procedure Act and subsection (52), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision. 2017, c. 23, Sched. 5, s. 99 (8).

Representation

(54) Before dismissing an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (53) (e).  2000, c. 26, Sched. K, s. 5 (6); 2017, c. 23, Sched. 5, s. 80.

Dismissal

(54.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (53) or (53.1), as it considers appropriate. 2017, c. 23, Sched. 5, s. 99 (8).

Decision

(55) If all appeals under subsection (39), (43) or (48) are dismissed or withdrawn, the Tribunal shall notify the approval authority and the decision of the approval authority shall be deemed to have been made on the day after the day the last outstanding appeal has been dismissed or withdrawn, subject to any other right of appeal that may be exercised under this section and subject to subsection (44).  1994, c. 23, s. 30; 2017, c. 23, Sched. 5, s. 82.

Powers

(56) On an appeal under subsection (34) or (39), the Tribunal may make any decision that the approval authority could have made on the application and on an appeal under subsection (43) or (48) shall determine the question as to the conditions appealed to it. 2017, c. 23, Sched. 5, s. 99 (8).

Final approval

(56.1) If, on an appeal under subsection (34) or (39), the Tribunal has given approval to a draft plan of subdivision, the Tribunal may, by order, provide that the final approval of the plan of subdivision for the purposes of subsection (58) is to be given by the approval authority in which the land is situate. 2017, c. 23, Sched. 5, s. 99 (8)..

Change of conditions

(56.2) If the final approval of a plan of subdivision is to be given under subsection (56.1), the Tribunal may change the conditions of the approval of the draft plan of subdivision under subsection (44) at any time before the approval of the final plan of subdivision by the approval authority.  1999, c. 12, Sched. M, s. 28 (3); 2017, c. 23, Sched. 5, s. 80.

When draft plan approved

(57) When the draft plan is approved, the person seeking to subdivide may proceed to lay down the highways and lots upon the ground in accordance with the Surveys Act and with the Registry Act or the Land Titles Act, as the case may be, and to prepare a plan accordingly certified by an Ontario land surveyor.  1994, c. 23, s. 30.

Final approval of plan

(58) Upon presentation by the person seeking to subdivide, the approval authority may, if satisfied that the plan is in conformity with the approved draft plan and that the conditions of approval have been or will be fulfilled, approve the plan of subdivision and, once approved, the final plan of subdivision may be tendered for registration.  1994, c. 23, s. 30.

Withdrawal of approval

(59) If a final plan of subdivision is approved under subsection (58), but is not registered within 30 days of the date of approval, the approval authority may withdraw its approval.  1994, c. 23, s. 30.

Duplicates

(60) In addition to any requirement under the Registry Act or the Land Titles Act, the person tendering the plan of subdivision for registration shall deposit with the land registrar a duplicate, or when required by the approval authority two duplicates, of the plan of a type approved by the approval authority, and the land registrar shall endorse on it a certificate showing the number of the plan and the date when the plan was registered and shall deliver the duplicate or duplicates to the approval authority.  1994, c. 23, s. 30.

Saving

(61) The approval of a plan of subdivision does not operate to release any person from doing anything that the person may be required to do by or under the authority of any other Act.  1994, c. 23, s. 30.

Section Amendments with date in force (d/m/y)

Parkland

Definitions

51.1 (0.1) In this section,

“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”)

“effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 32 (1); 2020, c. 18, Sched. 17, s. 4.

Land conveyed or dedicated for parkland

(1) The approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes. 1994, c. 23, s. 31.

Other criteria

(2) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality has an official plan that contains specific policies relating to the provision of lands for park or other public recreational purposes, the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be determined by the municipality. 1994, c. 23, s. 31.

Parks plan

(2.1) Before adopting the official plan policies described in subsection (2), the municipality shall prepare and make available to the public a parks plan that examines the need for parkland in the municipality. 2015, c. 26, s. 32 (1).

Same

(2.2) In preparing the parks plan, the municipality,

(a) shall consult with every school board that has jurisdiction in the municipality; and

(b) may consult with any other persons or public bodies that the municipality considers appropriate. 2015, c. 26, s. 32 (1).

Same

(2.3) For greater certainty, subsection (2.1) and clause (2.2) (a) do not apply with respect to official plan policies adopted before the effective date. 2015, c. 26, s. 32 (1).

Payment in lieu

(3) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) does not apply, the municipality may require a payment in lieu, to the value of the land otherwise required to be conveyed. 2015, c. 26, s. 32 (2).

Same

(3.1) If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies, the municipality may require a payment in lieu, calculated by using a rate of one hectare for each 500 dwelling units proposed or such lesser rate as may be determined by the municipality. 2015, c. 26, s. 32 (2).

Transition

(3.2) If the draft plan of subdivision is approved on or before the effective date, the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and subsection (2) applies,

(a) subsection (3.1) does not apply; and

(b) subsection (3), as it reads on the day before the effective date, continues to apply. 2015, c. 26, s. 32 (2).

Determination of value

(4) For the purpose of determining the amount of any payment required under subsection (3) or (3.1), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision. 1994, c. 23, s. 31; 2015, c. 26, s. 32 (3).

Application

(5) Subsections 42 (5) and (12) to (17) apply with necessary modifications to a conveyance of land or a payment of money under this section.  1994, c. 23, s. 31; 2015, c. 26, s. 32 (4); 2019, c. 9, Sched. 12, s. 15 (6).

Section Amendments with date in force (d/m/y)

Delegation to committee or officer

51.2 (1) If a council of a municipality is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may by by-law delegate all or any part of the authority to approve plans of subdivision to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (1).

Delegation to lower-tier municipality

(2) If an upper-tier council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a lower-tier municipality in respect of land situate in the lower-tier municipality.  2002, c. 17, Sched. B, s. 20 (2).

Delegation

(2.1) Despite subsections 74 (2) and 74.1 (1), an upper-tier council may delegate the authority to approve plans of subdivision under subsection (2) with respect to applications made before March 28, 1995.  2002, c. 17, Sched. B, s. 20 (3).

Delegation to planning authority

(3) If a council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a municipal planning authority in respect of land situate in the municipal planning area.  1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (4).

Further delegation

(4) If authority is delegated to a council under subsection (2), the council may in turn by by-law delegate all or any part of the authority to a committee of council or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31.

Same

(5) If authority is delegated to a municipal planning authority under subsection (3) or subsection 51 (14), the municipal planning authority may in turn by by-law delegate all or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 31.

Conditions

(6) A delegation of authority made by a council or municipal planning authority under this section may be subject to such conditions as the council or municipal planning authority by by-law provides.  1994, c. 23, s. 31.

Withdrawal of delegation

(7) A council or a municipal planning authority may by by-law withdraw a delegation of authority made by a council or a municipal planning authority under this section and such withdrawal may be either in respect of one or more plans of subdivision specified in the by-law or any or all plans of subdivision in respect of which a final disposition was not made before the withdrawal.  1994, c. 23, s. 31.

Section Amendments with date in force (d/m/y)

Sale of lands in accordance with unregistered plan prohibited

52 (1) No person shall subdivide and offer for sale, agree to sell or sell land by a description in accordance with an unregistered plan of subdivision, but this subsection does not prohibit any person from offering for sale or agreeing to sell land by a description in accordance with a plan of subdivision in respect of which draft approval has been given under section 51.

Definition

(2) In subsection (1),

“unregistered plan of subdivision” does not include a reference plan of survey under section 150 of the Land Titles Act that complies with the regulations under that Act or a plan deposited under Part II of the Registry Act in accordance with the regulations under that Act.  R.S.O. 1990, c. P.13, s. 52.

Consents

Definition

53 (0.1) In this section,

“provisional consent” means a consent given under subsection (1) in respect of which a certificate cannot be issued under subsection (42) because,

(a) the 20-day period mentioned in subsection (19) has not elapsed,

(b) any appeals under subsection (19) remain outstanding, or

(c) conditions have been imposed but have not been fulfilled. 2020, c. 34, Sched. 20, s. 2 (1).

Same

(1) An owner or chargee of land, or such owner’s or chargee’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.  1994, c. 23, s. 32; 2020, c. 34, Sched. 20, s. 2 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 4 (1))

Same

(1) An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 2021, c. 25, Sched. 24, s. 4 (1).

Same

(1.1) For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application. 2021, c. 25, Sched. 24, s. 4 (1).

Prescribed information

(2) The applicant for a consent shall provide the council or the Minister with the prescribed information or material.  1996, c. 4, s. 29 (1).

Other information

(3) A council or the Minister may require that a person or public body that makes an application for a consent provide any other information or material that the council or the Minister considers it or he or she may need, but only if the official plan contains provisions relating to requirements under this subsection.  2006, c. 23, s. 23 (1).

Refusal and timing

(4) Until the council or the Minister has received the information and material required under subsections (2) and (3), if any, and any fee under section 69 or 69.1,

(a) the council or the Minister may refuse to accept or further consider the application for a consent; and

(b) the time period referred to in subsection (14) does not begin.  2006, c. 23, s. 23 (1).

Motion re dispute

(4.1) The applicant, the council or the Minister may make a motion for directions to have the Tribunal determine,

(a) whether the information and material required under subsections (2) and (3), if any, have in fact been provided; or

(b) whether a requirement made under subsection (3) is reasonable. 2017, c. 23, Sched. 5, s. 100 (1).

Final determination

(4.2) The Tribunal’s determination under subsection (4.1) is not subject to appeal or review.  2006, c. 23, s. 23 (1); 2017, c. 23, Sched. 5, s. 80.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsections: (See: 2021, c. 25, Sched. 24, s. 4 (2))

Amendment to application

(4.2.1) An application may be amended by the applicant at any time before the council or the Minister gives or refuses to give a consent. 2021, c. 25, Sched. 24, s. 4 (2).

Terms

(4.2.2) If an application is amended by the applicant, the council or the Minister may impose such terms as the council or Minister considers appropriate, including terms,

(a) requiring the provision of additional information and material in relation to the amendment; and

(b) specifying that the time period referred to in subsection (14) is deemed not to have begun until the later of,

(i) the date the application was amended, and

(ii) if additional information and material was required under clause (a), the date on which all the information and material was provided. 2021, c. 25, Sched. 24, s. 4 (2).

Fees

(4.2.3) For greater certainty, the council or the Minister may include fees in respect of an amendment to an application in its fees established under section 69 or 69.1, as the case may be. 2021, c. 25, Sched. 24, s. 4 (2).

Other

(4.2.4) For greater certainty, subsection (4.2.1) shall not be construed as preventing a person from amending any other type of application under this Act. 2021, c. 25, Sched. 24, s. 4 (2).

Alternative measures

(4.3) In the case of an application for consent that is made to a council, if the official plan sets out alternative measures for informing and obtaining the views of the public in respect of applications for consent and if the measures are complied with,

(a) subsection (5) does not apply; and

(b) subsections (6) and (7) do not apply with respect to notice of the application. 2015, c. 26, s. 33 (1).

Same

(4.4) Subsection (4.3) also applies in the case of a council or planning board to which the Minister has delegated authority under section 4. 2015, c. 26, s. 33 (1).

Same

(4.5) In the course of preparing the official plan, before including alternative measures described in subsection (4.3), the council shall consider whether it would be desirable for the measures to allow for notice of the application for consent to the prescribed persons and public bodies mentioned in clause (5) (a). 2015, c. 26, s. 33 (1).

Notice

(5) At least 14 days before a decision is made by the council or the Minister, the council or the Minister shall ensure that,

(a) notice of the application is given, if required by regulation, in the manner and to the persons and public bodies and containing the information prescribed; and

(b) a public meeting is held, if required by regulation, notice of which shall be given in the manner and to the persons and public bodies and containing the information prescribed.  1996, c. 4, s. 29 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 24, s. 4 (3))

Requirements re public meeting

(5.1) If a regulation referred to in clause (5) (b) is made requiring a public meeting, the regulation may also specify one or more purposes of the public meeting, such persons or entities who are entitled to make representations at the public meeting and any information required to be made available at the public meeting. 2021, c. 25, Sched. 24, s. 4 (3).

Request by council

(6) A council may request that a local municipality having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1).

Request by Minister

(7) The Minister may request that a local municipality or planning board having jurisdiction over the land that is the subject of the application for consent give notice of the application or hold the public meeting referred to in subsection (5) or do both.  1996, c. 4, s. 29 (1).

Responsibilities

(7.1) A local municipality or planning board that is requested under subsection (6) or (7) to give notice shall ensure that,

(a) the notice is given in accordance with clause (5) (a); and

(b) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the notice is given.  1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (1).

Same

(7.2) A local municipality or planning board that is requested under subsection (6) or (7) to hold a public meeting shall ensure that,

(a) notice of the meeting is given in accordance with clause (5) (b);

(b) the public meeting is held; and

(c) the prescribed information and material are submitted to the council or the Minister, as the case may be, within 15 days after the meeting is held.  1996, c. 4, s. 29 (1); 2019, c. 9, Sched. 12, s. 16 (2).

Written submissions

(8) Any person or public body may make written submissions to the council or the Minister before the council or the Minister gives or refuses to give a provisional consent.  1994, c. 23, s. 32.

Procedure

(9) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed.  1994, c. 23, s. 32.

Council to confer

(10) A council, in determining whether a provisional consent is to be given, shall confer with the persons or public bodies prescribed.  1994, c. 23, s. 32.

Minister may confer

(11) The Minister in determining whether a provisional consent is to be given may confer with the persons or public bodies that the Minister considers may have an interest in the application.  1994, c. 23, s. 32.

Powers

(12) A council or the Minister in determining whether a provisional consent is to be given shall have regard to the matters under subsection 51 (24) and has the same powers as the approval authority has under subsection 51 (25) with respect to the approval of a plan of subdivision and subsections 51 (26) and (27) and section 51.1 apply with necessary modifications to the granting of a provisional consent.  1994, c. 23, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 24, s. 4 (4))

Same

(12.1) For greater certainty, the powers of a council or the Minister under subsection (12) apply to both the part of the parcel of land that is the subject of the application for consent and the remaining part of the parcel of land. 2021, c. 25, Sched. 24, s. 4 (4).

Parks

(13) If, on the giving of a provisional consent, land is required to be conveyed to a municipality for park or other public recreational purposes and the council of the municipality requires a payment in lieu, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day before the day the provisional consent was given.  1994, c. 23, s. 32; 2015, c. 26, s. 33 (2).

Appeal to Tribunal

(14) If an application is made for a consent and the council or the Minister fails to make a decision under subsection (1) on the application within 90 days after the day the application is received by the clerk of the municipality or the Minister, the applicant may appeal to the Tribunal with respect to the consent application by filing a notice with the clerk of the municipality or the Minister, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (2); 2004, c. 18, s. 9; 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1).

Consolidated hearing

(14.1) Despite section 21 of the Ontario Land Tribunal Act, 2021, the proponent of an undertaking, as those terms are defined in that section, shall not give notice to the Tribunal in respect of an application requested under subsection (1) unless the council or the Minister has given or refused to give a provisional consent or the time period referred to in subsection (14) has expired. 2021, c. 4, Sched. 6, s. 80 (8).

Record

(15) If the clerk of the municipality or the Minister receives a notice of appeal under subsection (14), the clerk of the municipality or the Minister shall ensure that,

(a) a record is compiled which includes the prescribed information and material; and

(b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the notice is filed.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (3); 2017, c. 23, Sched. 5, s. 100 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (15) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 4 (5))

(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

Appeal withdrawn

(16) If an appeal under subsection (14) is withdrawn, the Tribunal shall notify the council or Minister and the council or the Minister may proceed to make a decision under subsection (1).  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80.

Exception

(16.1) Despite clause (15) (b), if all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the clerk of the municipality or the Minister is not required to forward the materials described under clause (15) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (3); 2017, c. 23, Sched. 5, s. 100 (3).

Where all appeals withdrawn

(16.2) If all appeals under subsection (14) are withdrawn within 15 days after the first notice of appeal is filed, the council or the Minister may proceed to make a decision under subsection (1).  1999, c. 12, Sched. M, s. 29; 2015, c. 26, s. 33 (4).

Notice of decision

(17) If the council or the Minister gives or refuses to give a provisional consent, the council or the Minister shall ensure that written notice of it is given in the prescribed manner within 15 days to,

(a) the applicant;

(b) each person or public body that made a written request to be notified of the decision or conditions;

(c) the Minister, with respect to a decision by a council to give a provisional consent, if the Minister has notified the council that he or she wishes to receive a copy of all decisions made to give a provisional consent; and

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (17) of the Act is amended by adding “and” at the end of clause (b) and by repealing clause (c). (See: 2021, c. 25, Sched. 24, s. 4 (6))

(d) any other person or public body that is prescribed. 2015, c. 26, s. 33 (5).

Contents

(18) The notice under subsection (17) shall contain,

(a) a brief explanation of the effect, if any, that the written and oral submissions mentioned in subsection (18.1) had on the decision; and

(b) the prescribed information. 2015, c. 26, s. 33 (5).

Written and oral submissions

(18.1) Clause (18) (a) applies to,

(a) any written submissions relating to the provisional consent that were made to the council before its decision; and

(b) any oral submissions relating to the provisional consent that were made at a public meeting. 2015, c. 26, s. 33 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (18.1) of the Act is amended by striking out “provisional consent” wherever it appears and substituting in each case “application”. (See: 2021, c. 25, Sched. 24, s. 4 (7))

Exception

(18.2) If the notice under subsection (17) is given by the Minister and he or she is also giving notice of the matter in accordance with section 36 of the Environmental Bill of Rights, 1993, the brief explanation referred to in clause (18) (a) is not required. 2015, c. 26, s. 33 (5).

Appeal

(19) Any person or public body may, not later than 20 days after the giving of notice under subsection (17) is completed, appeal the decision or any condition imposed by the council or the Minister or appeal both the decision and any condition to the Tribunal by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (6); 2017, c. 23, Sched. 5, ss. 80, 81; 2021, c. 4, Sched. 6, s. 80 (1).

Notice completed

(20) For the purpose of subsections (19) and (27), the giving of written notice shall be deemed to be completed,

(a) where notice is given by personal service, on the day that the serving of all required notices is completed;

(a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

(b) where notice is given by mail, on the day that the mailing of all required notices is completed; and

(c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed.  1994, c. 23, s. 32; 2015, c. 26, s. 33 (6).

No appeal

(21) If no appeal is filed under subsection (19) or (27), subject to subsection (23), the decision of the council or the Minister, as the case may be, to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32.

Declaration

(22) A sworn declaration by an employee of the municipality or the Ministry of Municipal Affairs and Housing that notice was given under subsection (17) or (24) or that no notice of appeal was filed under subsection (19) or (27) within the time allowed for appeal is conclusive evidence of the facts stated in it.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (7).

Change of conditions

(23) The council or the Minister, as the case may be, may change the conditions of a provisional consent at any time before a consent is given.  1994, c. 23, s. 32.

Notice

(24) If the council or the Minister changes conditions of a provisional consent under subsection (23) after notice has been given under subsection (17), the council or the Minister shall, within 15 days of the decision, give written notice of the changes in the prescribed manner and containing the information prescribed to,

(a) the applicant;

(b) each person or public body that made a written request to be notified of changes to the conditions;

(c) the Minister, with respect to a change of conditions by council, if the Minister has notified the council that he or she wishes to receive a copy of the changes of conditions; and

(d) any other person or public body prescribed.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (8); 2015, c. 26, s. 33 (7).

(25) Repealed:  1996, c. 4, s. 29 (9).

No notice required

(26) The council or the Minister, as the case may be, is not required to give written notice under subsection (24) if, in the council’s or the Minister’s opinion, the change to conditions is minor.  2009, c. 33, Sched. 21, s. 10 (14).

Appeal

(27) Any person or public body may, not later than 20 days after the giving of notice under subsection (24) is completed, appeal any of the changed conditions imposed by the council or the Minister by filing with the clerk of the municipality or the Minister a notice of appeal setting out the reasons for the appeal, accompanied by the fee charged by the Tribunal.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (10); 2017, c. 23, Sched. 5, s. 81; 2021, c. 4, Sched. 6, s. 80 (1).

Use of dispute resolution techniques

(27.1) When a notice of appeal is filed under subsection (19) or (27), the council or the Minister may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute. 2015, c. 26, s. 33 (8).

Notice and invitation

(27.2) If the council or the Minister decides to act under subsection (27.1),

(a) the council or Minister shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

(b) the council or Minister shall give an invitation to participate in the dispute resolution process to,

(i) as many of the appellants as the council or Minister considers appropriate,

(ii) the applicant, if the applicant is not an appellant, and

(iii) any other persons or public bodies that the council or Minister considers appropriate. 2015, c. 26, s. 33 (8).

Extension of time

(27.3) When the council or Minister gives a notice under clause (27.2) (a), the 15-day period mentioned in clause (28) (b) and in subsections (29.1) and (29.2) is extended to 75 days. 2015, c. 26, s. 33 (8).

Participation voluntary

(27.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (27.2) (b) is voluntary. 2015, c. 26, s. 33 (8).

Record

(28) If the clerk or the Minister, as the case may be, receives a notice of appeal under subsection (19) or (27), the clerk or the Minister shall ensure that,

(a) a record is compiled which includes the information and material prescribed; and

(b) the record, the notice of appeal and the fee are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (19) or (27).  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 100 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (28) of the Act is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: 2021, c. 25, Sched. 24, s. 4 (8))

(c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal.

Appeals withdrawn

(29) If all appeals under subsection (19) or (27) are withdrawn and the time for appealing has expired, the Tribunal shall notify the council or the Minister, as the case may be, and subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80.

Exception

(29.1) Despite clause (28) (b), if all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the clerk of the municipality or the Minister is not required to forward the materials described under clause (28) (b) to the Tribunal.  1999, c. 12, Sched. M, s. 29; 2017, c. 23, Sched. 5, s. 100 (5).

Decision final

(29.2) If all appeals under subsection (19) or (27) are withdrawn within 15 days after the last day for filing a notice of appeal, the decision of the council or the Minister, subject to subsection (23), to give or refuse to give a provisional consent is final.  1999, c. 12, Sched. M, s. 29.

Hearing

(30) On an appeal, the Tribunal shall hold a hearing, of which notice shall be given to such persons or public bodies and in such manner as the Tribunal may determine. 2017, c. 23, Sched. 5, s. 100 (6).

Dismissal without hearing

(31) Despite the Statutory Powers Procedure Act and subsection (30), the Tribunal may, on its own initiative or on the motion of any party, dismiss an appeal without holding a hearing if,

(a) it is of the opinion that,

(i) the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the Tribunal could give or refuse to give the provisional consent or could determine the question as to the condition appealed to it,

(ii) the appeal is not made in good faith or is frivolous or vexatious,

(iii) the appeal is made only for the purpose of delay, or

(iv) the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process;

(b) the appellant did not make oral submissions at a public meeting or did not make written submissions to the council or the Minister before a provisional consent was given or refused and, in the opinion of the Tribunal, the appellant does not provide a reasonable explanation for having failed to make a submission;

(c) the appellant has not provided written reasons for the appeal;

(d) the appellant has not paid the fee charged by the Tribunal; or

(e) the appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal. 2017, c. 23, Sched. 5, s. 100 (6); 2019, c. 9, Sched. 12, s. 16 (3); 2021, c. 4, Sched. 6, s. 80 (1).

Representation

(32) Before dismissing an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under clause (31) (e).  2000, c. 26, Sched. K, s. 5 (7); 2017, c. 23, Sched. 5, s. 80.

Dismissal

(32.1) The Tribunal may dismiss an appeal after holding a hearing or without holding a hearing on the motion under subsection (31), as it considers appropriate. 2017, c. 23, Sched. 5, s. 100 (6).

Decision final

(33) If all appeals under subsection (19) or (27) are dismissed or withdrawn, the Tribunal shall notify the council or the Minister and, subject to subsection (23), the decision of the council or the Minister to give or refuse to give a provisional consent is final.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80.

Powers

(34) On an appeal under subsection (14) or (19), the Tribunal may make any decision that the council or the Minister, as the case may be, could have made on the original application and on an appeal of the conditions under subsection (27), the Tribunal shall determine the question as to the condition or conditions appealed to it. 2017, c. 23, Sched. 5, s. 100 (6).

Amended application

(35) On an appeal, the Tribunal may make a decision on an application which has been amended from the original application if, at any time before issuing its order, written notice is given to the persons and public bodies prescribed under subsection (10) and to any person or public body conferred with under subsection (11) on the original application. 2017, c. 23, Sched. 5, s. 100 (6).

No written notice

(35.1) The Tribunal is not required to give written notice under subsection (35) if, in the opinion of the Tribunal, the amendment to the original application is minor. 2017, c. 23, Sched. 5, s. 100 (6).

Notice

(36) Any person or public body that receives notice under subsection (35) may, not later than 30 days after the day that written notice was given, notify the Tribunal of an intention to appear at the hearing or the resumption of the hearing, as the case may be.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80.

Order

(37) If, after the expiry of the time period in subsection (36), no notice of intent has been received, the Tribunal may issue its order.  1994, c. 23, s. 32; 2017, c. 23, Sched. 5, s. 80.

Notice received

(38) If a notice of intent under subsection (36) is received, the Tribunal may hold a hearing or resume the hearing on the amended application or issue its order without holding a hearing or resuming the hearing.  1994, c. 23, s. 32; 1996, c. 4, s. 29 (14); 2017, c. 23, Sched. 5, s. 80.

Consent

(39) If the decision of the Tribunal under subsection (34) is that a provisional consent be given, the council or the Minister shall give the consent, but if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2017, c. 23, Sched. 5, s. 100 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (39) of the Act is amended by striking out “If the decision of the Tribunal under subsection (34) is that a provisional consent be given” at the beginning and substituting “If a provisional consent has been given by the Tribunal under subsection (34)”. (See: 2021, c. 25, Sched. 24, s. 4 (9))

Same

(40) If the decision of the council or the Minister on an application is that provisional consent be given and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given, but if conditions have been imposed the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled.  1994, c. 23, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (40) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 4 (10))

Same

(40) If a provisional consent has been given by the Minister or the council and there has been no appeal under subsection (19) or (27), subject to subsection (23), the consent shall be given. However, if conditions have been imposed, the consent shall not be given until the council or the Minister is satisfied that the conditions have been fulfilled. 2021, c. 25, Sched. 24, s. 4 (10).

Conditions not fulfilled

(41) If conditions have been imposed and the applicant has not, within a period of one year after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of one year from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33). 2017, c. 23, Sched. 5, s. 100 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 53 (41) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 4 (11))

Conditions not fulfilled

(41) If conditions have been imposed and the applicant has not, within a period of two years after notice was given under subsection (17) or (24), whichever is later, fulfilled the conditions, the application for consent shall be deemed to be refused but, if there is an appeal under subsection (14), (19) or (27), the application for consent shall not be deemed to be refused for failure to fulfil the conditions until the expiry of two years from the date of the order of the Tribunal issued in respect of the appeal or from the date of a notice issued by the Tribunal under subsection (29) or (33). 2021, c. 25, Sched. 24, s. 4 (11).

Transition

(41.1) For greater certainty, subsection (41), as it reads on and after the day subsection 4 (11) of Schedule 24 to the Supporting Recovery and Competitiveness Act, 2021 comes into force, does not apply with respect to an application that was, before that day, deemed to have been refused under subsection (41), as it read immediately before that day. 2021, c. 25, Sched. 24, s. 4 (11).

Certificate

(42) When a consent has been given under this section, the clerk of the municipality or the Minister, as the case may be, shall give a certificate to the applicant stating that the consent has been given and the certificate is conclusive evidence that the consent was given and that the provisions of this Act leading to the consent have been complied with and that, despite any other provision of this Act, the council or the Minister had jurisdiction to grant the consent and after the certificate has been given no action may be maintained to question the validity of the consent.  1994, c. 23, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsection: (See: 2021, c. 25, Sched. 24, s. 4 (12))

Same, retained land

(42.1) If a consent has been given under this section to a conveyance of a part of a parcel of land and the consent did not stipulate that subsection 50 (3) or (5) applies to any subsequent conveyance or other transaction, the clerk of the municipality or the Minister, as the case may be, shall give the same form of certificate described in subsection (42) to the applicant for the retained land resulting from the consent, if the applicant, in making the application for consent,

(a) requests that the certificate be given; and

(b) provides a registrable legal description of the retained land. 2021, c. 25, Sched. 24, s. 4 (12).

Lapse of consent

(43) A consent given under this section lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.  1994, c. 23, s. 32.

Where delegation

(44) If a land division committee or a committee of adjustment has had delegated to it the authority for the giving of consents, any reference in this section to the clerk of the municipality shall be deemed to be a reference to the secretary-treasurer of the land division committee or committee of adjustment.  1994, c. 23, s. 32.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsections: (See: 2021, c. 25, Sched. 24, s. 4 (13))

Certificate of cancellation

(45) An owner of land that was previously conveyed with a consent, or the owner’s agent duly authorized in writing, may apply to the council or the Minister, whichever is authorized to give a consent in respect of the land at the time of the application, for the issuance of a certificate of cancellation of such consent. The certificate must provide that subsection 50 (12) does not apply in respect of the land that was the subject of the consent and that subsection 50 (3) or (5), as the case may be, applies to a subsequent conveyance or other transaction involving the land. 2021, c. 25, Sched. 24, s. 4 (13).

Same, deemed delegation

(46) A delegation by the Minister under section 4 or by a council or planning board under section 5 of the Minister’s authority for the giving of consents under this section shall be deemed to include the authority to issue certificates of cancellation under subsection (45). 2021, c. 25, Sched. 24, s. 4 (13).

Same, application

(47) An application referred to in subsection (45) shall be accompanied by any prescribed information and material and such other information or material as the council or the Minister, as the case may be, requires. 2021, c. 25, Sched. 24, s. 4 (13).

Provision of certificate

(48) If an application for a certificate of cancellation is made under subsection (45), the council or the Minister, as the case may be, may provide the certificate to the applicant. 2021, c. 25, Sched. 24, s. 4 (13).

Cancellation

(49) After the registration of a certificate of cancellation referred to in subsection (45),

(a) subsection 50 (3) or (5), as the case may be, applies to any subsequent conveyance or other transaction involving land that is the subject of the certificate despite subsection 50 (12); and

(b) for the purposes of subsection 50 (3) or (5), as the case may be, the land that is the subject of the certificate is deemed not to be land that was previously conveyed by way of a deed or transfer with a consent. 2021, c. 25, Sched. 24, s. 4 (13).

Section Amendments with date in force (d/m/y)

Delegation of authority to give consents

54 (1) The council of an upper-tier municipality may by by-law delegate to the council of a lower-tier municipality the authority for the giving of consents under section 53 in respect of land situate in the lower-tier municipality.  2002, c. 17, Sched. B, s. 21 (1).

Delegation

(1.1) The council of a county may by by-law delegate to a municipal planning authority the authority for the giving of consents under section 53 in respect of land in a municipal planning area.  1994, c. 23, s. 33 (2).

Further delegation

(2) Where authority is delegated to a council under subsection (1), such council may, in turn, by by-law, delegate the authority or any part of such authority, to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a committee of adjustment.  R.S.O. 1990, c. P.13, s. 54 (2).

Included powers

(2.1) If council has delegated its authority to give consents under subsection (1), (1.1), (2), (2.3), (4) or (5), that delegation shall be deemed to include the authority to give approvals under subsection 50 (18) and to issue certificates of validation under section 57 in respect of land situate in the lower-tier municipality.  1993, c. 26, s. 61 (1); 1994, c. 23, s. 33 (3); 2002, c. 17, Sched. B, s. 21 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 54 (2.1) of the Act is amended by striking out “to give approvals under subsection 50 (18) and” and substituting “to issue certificates of cancellation under subsection 53 (45) and”. (See: 2021, c. 25, Sched. 24, s. 5 (1))

Limitation

(2.2) Section 53 does not apply in the exercise of authority under subsection (2.1) to give approvals under subsection 50 (18) or to issue certificates of validation.  1994, c. 23, s. 33 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 54 (2.2) of the Act is amended by striking out “to give approvals under subsection 50 (18) or”. (See: 2021, c. 25, Sched. 24, s. 5 (2))

Further delegation

(2.3) If authority is delegated to a municipal planning authority under subsection (1.1) or (5) or subsection 50 (1.4), the municipal planning authority may, in turn, by by-law delegate the authority or any part of the authority to a committee of the municipal planning authority or to an appointed officer identified in the by-law by name or position occupied.  1994, c. 23, s. 33 (5).

(3) Repealed:  1994, c. 23, s. 33 (6).

Delegation to committee of council, etc.

(4) Except as delegated under subsection (1) or (1.1), the authority or any part of such authority of the council of an upper-tier municipality may be delegated by the council to a committee of council, to an appointed officer identified in the by-law by name or position occupied or to a land division committee.  R.S.O. 1990, c. P.13, s. 54 (4); 1994, c. 23, s. 33 (7); 2002, c. 17, Sched. B, s. 21 (3).

Delegation, single-tier municipalities

(5) The council of a single-tier municipality authorized to give a consent under section 53 may by by-law delegate the authority of the council under section 53 or any part of that authority to a committee of council, to an appointed officer identified in the by-law by name or position occupied, to a municipal planning authority or to the committee of adjustment.  2002, c. 17, Sched. B, s. 21 (4).

Committee of adjustment

(6) Where, under subsection (2) or (5), a committee of adjustment has had delegated to it the authority to give a consent, section 53 applies with necessary modifications and subsections 45 (4) to (20) do not apply in the exercise of that authority.  1994, c. 23, s. 33 (9).

Same

(6.1) Where, under subsection (2) or (5), a committee of adjustment has the authority to give approvals under subsection 50 (18) and the authority to issue certificates of validation under section 57, subsection 45 (8) applies in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply.  1993, c. 26, s. 61 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 54 (6.1) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 5 (3))

Same

(6.1) Where, under subsection (2) or (5), a committee of adjustment has the authority to issue certificates of cancellation under subsection 53 (45) and the authority to issue certificates of validation under section 57, subsections 45 (8) to (8.2) apply in the exercise of that authority, but subsections 45 (4) to (7) and (9) to (20) do not apply. 2021, c. 25, Sched. 24, s. 5 (3).

Conditions

(7) A delegation of authority made by a council or a municipal planning authority under this section may be subject to such conditions as the council or the municipal planning authority by by-law provides and the council or the municipal planning authority may by by-law withdraw the delegation of authority but, where authority delegated under subsection (1) or (1.1) is withdrawn, all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57 made prior to the withdrawal shall continue to be dealt with as if the delegation had not been withdrawn.  1994, c. 23, s. 33 (10).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 54 (7) of the Act is amended by striking out “all applications for consent, for approval under subsection 50 (18) or for the issuance of a certificate of validation under section 57” and substituting “all applications for consent, for the issuance of a certificate of validation under section 57 or for the issuance of a certificate of cancellation under subsection 53 (45)”. (See: 2021, c. 25, Sched. 24, s. 5 (4))

Section Amendments with date in force (d/m/y)

District land division committee, delegation

55 (1) The Minister by order may constitute and appoint one or more district land division committees composed of such persons as he or she considers advisable and may by order delegate thereto the authority of the Minister to give consents under section 53, the authority to give approvals under subsection 50 (18) or the authority to issue certificates of validation under section 57 in respect of such lands situate in a territorial district as are defined in the order.  R.S.O. 1990, c. P.13, s. 55 (1); 1993, c. 26, s. 62 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 55 (1) of the Act is amended by striking out “the authority to give approvals under subsection 50 (18) or the authority” and substituting “to issue certificates of cancellation under subsection 53 (45) or”. (See: 2021, c. 25, Sched. 24, s. 6)

Conditions and withdrawal of delegation

(2) A delegation made by the Minister under subsection (1) may be subject to such conditions as the Minister may by order provide and the Minister may by order withdraw any delegation.  R.S.O. 1990, c. P.13, s. 55 (2).

Body corporate

(2.1) A district land division committee is a body corporate.  1994, c. 23, s. 34 (1).

Application of s. 44

(3) Where the Minister has delegated his or her authority to a district land division committee under subsection (1), subsections 44 (5), (6), (7), (8), (10) and (11) apply with necessary modifications.  R.S.O. 1990, c. P.13, s. 55 (3).

Agreements

(4) A district land division committee may enter into agreements imposed as a condition to the giving of a consent in respect of land situate in territory without municipal organization and subsection 51 (26) applies with necessary modifications to any such agreement.  R.S.O. 1990, c. P.13, s. 55 (4); 1994, c. 23, s. 34 (2).

Remuneration

(5) The members of a district land division committee appointed under this section shall be paid such remuneration as is provided for by the order appointing them.  R.S.O. 1990, c. P.13, s. 55 (5).

Fees

(6) A district land division committee may prescribe a tariff of fees for the processing of applications, which shall be designed to meet only the anticipated cost to the committee in respect of the processing of applications.  1993, c. 26, s. 62 (2).

Section Amendments with date in force (d/m/y)

Land division committee

56 (1) The council of an upper-tier municipality may by by-law constitute and appoint a land division committee composed of such persons, not fewer than three, as the council considers advisable.  R.S.O. 1990, c. P.13, s. 56 (1); 2002, c. 17, Sched. B, s. 22.

Application of subss. 44 (2-11)

(2) Subsections 44 (2) to (11) apply, with necessary modifications, where a land division committee is constituted under subsection (1) of this section.  R.S.O. 1990, c. P.13, s. 56 (2).

Section Amendments with date in force (d/m/y)

Validation certificate

57 (1) A council authorized to give a consent under section 53, other than a council authorized to give a consent pursuant to an order under section 4, may issue a certificate of validation in respect of land described in the certificate, providing that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1) (b), as it read on the 25th day of June, 1970, of The Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in such land.  1993, c. 26, s. 63; 1996, c. 4, s. 30 (1).

Limitation

(2) A certificate of validation under subsection (1) or an order of the Minister under subsection (3) does not affect the rights acquired by any person from a judgment or order of any court given or made on or before the day on which the certificate is issued or order is made.  1993, c. 26, s. 63.

Territorial district

(3) If the Minister has authority to give consents under section 53, the Minister may by order exercise the powers conferred upon a council by subsection (1) in respect of land in a territorial district.  2002, c. 17, Sched. B, s. 23.

Proviso

(4) No order shall be made by the Minister under subsection (3) in respect of land situate in a local municipality unless the council of the local municipality in which the land is situate has by by-law requested the Minister to make such order, and the council has the power to pass that by-law.  1993, c. 26, s. 63; 2009, c. 33, Sched. 21, s. 10 (15).

Conditions

(5) A council may, as a condition to the passage of a by-law under subsection (4), impose such conditions in respect of any land described in the by-law as it considers appropriate.  1993, c. 26, s. 63.

Criteria for consideration

(6) In considering whether to issue a certificate under subsection (1), regard shall be had to the prescribed criteria.  1993, c. 26, s. 63.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (6) of the Act is repealed and the following substituted: (See: 2021, c. 25, Sched. 24, s. 7)

Criteria for certificate

(6) No certificate shall be issued under subsection (1) unless the land described in the certificate of validation conforms with the same criteria that apply to the granting of consents under section 53. 2021, c. 25, Sched. 24, s. 7.

Criteria for certificate

(7) No certificate shall be issued by a council under subsection (1) unless,

(a) the land described in the certificate conforms with the prescribed criteria; or

(b) the Minister, by order, has exempted that land from the criteria.  1993, c. 26, s. 63.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57 (7) of the Act is repealed. (See: 2021, c. 25, Sched. 24, s. 7)

Conditions

(8) A council or the Minister may, as a condition to issuing a certificate of validation or order, impose such conditions in respect of any land described in the certificate or order as it considers appropriate.  1993, c. 26, s. 63.

Proviso

(9) Nothing in this section derogates from the power a council or the Minister has to grant consents referred to in section 53.  1993, c. 26, s. 63.

Section Amendments with date in force (d/m/y)