Ontario Planning Act on Subdivision Public Meeting Notice and Conditions

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Note: On a day to be named by proclamation of the Lieutenant Governor, clause 51 (21.1) (a) of the Act is repealed and the following substituted: (See: 2021,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Note: On a day to be named by proclamation of the Lieutenant Governor, clause 51 (21.1) (b) of the Act is repealed and the following substituted: (See: 2021,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) R!”!#$!%: 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;

(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).

Criteria

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) R!”!#$!%: 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).

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