Proposed Changes to Regulations Under the Planning Act

ERO number
019-3958
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
July 9, 2021 - August 23, 2021 (45 days) Closed
Last updated

This consultation was open from:
July 9, 2021
to August 23, 2021

Decision summary

As a result of changes to the Planning Act in Schedule 24 to Bill 276, the Supporting Recovery and Competitiveness Act, 2021, complementary and consequential changes will be made to O. Reg. 197/96 Consent Applications, O. Reg. 144/95 Criteria – Validation of Title and O. Reg. 150/95 Criteria – Power of Sale.

Decision details

The Ministry sought feedback on a proposal to amend and revoke Minister’s regulations under the Planning Act. The regulatory changes are needed to help implement certain changes to the Planning Act made by Schedule 24 of Bill 276, the Supporting Recovery and Competitiveness Act, 2021.

The following regulations were filed on November 25, 2021 and will take effect on January 1, 2022, the same date as the proclamation of Schedule 24 of Bill 276, the Supporting Recovery and Competitiveness Act, 2021:

Changes to the Consent Applications regulation (O. Reg. 197/96):

In order to implement the legislative changes, consequential amendments were made to the Consent Applications regulation related to a purchaser as an applicant and the new retained land certificate. Specifically, the changes to the regulation:

  • add reference to a purchaser as an applicant in the list of information and material required for a consent application and require a copy of the portion of the agreement of purchase and sale authorizing the purchaser to make the application, and
  • require an applicant to specify in their application whether they are requesting a retained land certificate, and if so, require that a statement from a solicitor confirming the extent of the owner’s retained land be included as part of that application.

Revoking the Criteria – Validation of Title regulation (O. Reg. 144/95) and Criteria – Power of Sale regulation (O. Reg. 150/95):

Due to the legislative changes, the authority for the Criteria – Validation of Title regulation and Criteria – Power of Sale regulation will no longer exist, and the regulations will be spent. As such, both regulations will be revoked.

Comments received

Through the registry

3

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The government received 4 comments related to the consultation. Of these, 3 of the submissions were submitted directly through this ERO notice.

Submissions were made by interested stakeholders, including agricultural groups, building sectors, and professional sectors.

Summary of Comments

The submissions received through the consultation period were generally supportive of the changes to the Planning Act in Schedule 24 of Bill 276. Most of the comments received were not specific to the proposed regulatory changes, which was the focus of this consultation.

Submissions from agricultural stakeholders noted the importance of ensuring the that proposed changes do not negatively impact planning policy objectives related to the protection of agricultural lands, natural heritage features and natural hazards.

Effects of the Consultation on this Decision

The regulatory changes are needed as a result of the passing of Schedule 24 to Bill 276, the Supporting Recovery and Competitiveness Act, 2021. No substantive concerns were raised with the proposed regulatory changes through the consultation. A decision was made to make changes to the Consent Application regulation as proposed and to revoke the two regulations that will be spent as a result of the legislative changes.

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Original proposal

ERO number
019-3958
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

July 9, 2021 - August 23, 2021 (45 days)

Proposal details

Bill 276, the Supporting Recovery and Competitiveness Act, 2021, was introduced on April 15, 2021 and received Royal Assent on June 3, 2021. Once proclaimed, Schedule 24 to Bill 276 will make policy changes to the Planning Act related to control of the division of land (i.e. subdivision control, plans of subdivision, consents and validations), as well as other housekeeping or consequential changes.

Regulatory Changes:

Upon proclamation Schedule 24 to Bill 276 will make changes to the consent process by allowing the “purchaser” to apply for a consent and by introducing a new tool to allow for a certificate to be issued in respect of the retained land resulting from a consent.

As a result, consequential and complementary changes need to be made to the existing Consent Applications regulation (O. Reg. 197/96) under the Planning Act. The regulation would be modified to include a reference to a purchaser as an applicant and update Schedule 1 of the Regulation dealing with complete applications, to reflect the new concept of a certificate for retained land.

In addition, upon proclamation Schedule 24 to Bill 276 will make legislative changes which require that a decision to issue a certificate of validation be subject to the same criteria applicable to a decision to grant a consent.

As a result, the Criteria - Validation of Title regulation (O. Reg. 144/95) under the Planning Act is proposed to be revoked.

Supporting materials

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Comment

Commenting is now closed.

This consultation was open from July 9, 2021
to August 23, 2021

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