Proposed Changes to Regulations Under the Planning Act

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:

• Ontario Regulation 786/21 – amending Ontario Regulation 197/96 “Consent Applications”
• Ontario Regulation 787/21 – revoking Ontario Regulation 144/95 “Criteria – Validation of Title”
• Ontario Regulation 785/21 – revoking Ontario Regulation 150/95 “Criteria – Power of Sale”

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.