Ontario Planning and Development Act, 1994, S.O. 1994, c. 23, Sched. A

• Jurisdiction: Ontario

Ontario Planning and Development Act, 1994

S.O. 1994, CHAPTER 23
Schedule A

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 76.

Definitions

1 In this Act,

“development plan” means a plan approved by the Lieutenant Governor in Council under section 4; (“plan d’aménagement”)

“development planning area” means an area of land in respect of which an order is made under section 2; (“zone de planification de l’aménagement”)

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“ministry” means any ministry of the Government of Ontario and includes a board, commission or agency of the Government; (“ministère”)

“official plan” means an official plan as defined in section 1 of the Planning Act; (“plan officiel”)

“planning board” means a planning board established under section 9 or 10 of the Planning Act; (“conseil d’aménagement”)

“public body” means a municipality, a local board as defined in the Municipal Affairs Act, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”)

“zoning by-law” means a by-law passed under section 34 of the Planning Act or a predecessor of it. (“règlement municipal de zonage”) 1994, c. 23, Sched. A, s. 1; 2002, c. 17, Sched. F, Table.

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

2002, c. 17, Sched. F, Table - 01/01/2003

Development planning area

2 (1) The Minister may by order establish as a development planning area any area of land defined in the order and may amend the order to alter the boundaries of the area. 1994, c. 23, Sched. A, s. 2 (1).

Not regulation

(2) An order under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1994, c. 23, Sched. A, s. 2 (2); 2006, c. 21, Sched. F, s. 136 (1).

Development plan

(3) If a development planning area has been established, the Minister shall,

(a) cause to be carried out an investigation and survey of the environmental, physical, social and economic conditions affecting the development planning area or any part of it; and

(b) cause a proposed development plan for the planning area or part of it to be prepared, within a period of two years or such other period of time as the Minister considers appropriate. 1994, c. 23, Sched. A, s. 2 (3).

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

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

Contents of plan

3 A development plan may contain,

(a) policies for the economic, social and physical development of the area covered by the plan in respect of,

(i) the distribution and density of population,

(ii) the location of industry and commerce,

(iii) the identification of land use areas and the provision of parks and open space and the policies in regard to the acquisition of lands,

(iv) the management of land and water resources,

(v) the control of all forms of pollution of the natural environment,

(vi) the location and development of servicing, communication and transportation systems,

(vii) the development and maintenance of educational, cultural, recreational, health and other social facilities,

(viii) the adequate provision of a full range of housing, and

(ix) such other matters as are, in the opinion of the Minister, advisable;

(b) policies relating to the financing and programming of public development projects and capital works;

(c) policies to co-ordinate planning and development among municipalities or planning boards within an area or within separate areas, as defined by the Minister; and

(d) such other policies that the Minister considers advisable. 1994, c. 23, Sched. A, s. 3.

Public participation

4 (1) The Minister shall ensure that the public is given an opportunity to participate in the preparation of the proposed development plan. 1994, c. 23, Sched. A, s. 4 (1).

Notice

(2) When a proposed development plan has been prepared, the Minister shall ensure that,

(a) notice is given informing the public of the proposed development plan, indicating where a copy of the plan together with a summary of the background studies used in the preparation of the plan can be examined and inviting written submissions on it within such period of time as is specified by the Minister; and

(b) each municipality or planning board having jurisdiction over the development planning area and any municipality or planning board for a planning area which abuts the area is consulted with respect to the contents of the proposed development plan and is invited to make written submissions within such period of time as is specified by the Minister. 1994, c. 23, Sched. A, s. 4 (2).

Confer

(3) The Minister may confer with any person or public body that the Minister considers may have an interest in the proposed development plan. 1994, c. 23, Sched. A, s. 4 (3).

Modifications

(4) If, after considering the submissions received, modifications to the proposed development plan appear desirable to the Minister, the Minister may,

(a) cause notice to be given informing the public of the proposed modifications;

(b) provide an opportunity to the public to make written submissions in respect of the proposed modifications; and

(c) provide municipalities or planning boards having jurisdiction over the development planning area and municipalities or planning boards for a planning area abutting the area with a copy of the proposed modifications, and an opportunity to make written submissions in respect of them. 1994, c. 23, Sched. A, s. 4 (4).

Modifications

(5) After considering the submissions received under subsection (4), the Minister may make such modifications to the proposed development plan as the Minister considers desirable. 1994, c. 23, Sched. A, s. 4 (5).

Submission to L.G. in C.

(6) After considering the submissions and comments received, the Minister may submit the proposed development plan, a summary of the submissions and comments made and his or her recommendations on the plan to the Lieutenant Governor in Council. 1994, c. 23, Sched. A, s. 4 (6).

Approval of plan

(7) The Lieutenant Governor in Council may approve the plan in whole or in part or may approve it with such modifications as the Lieutenant Governor in Council considers desirable, and the development plan comes into effect on the day specified by the Lieutenant Governor in Council. 1994, c. 23, Sched. A, s. 4 (7).

Revocation of plan

(8) The Minister may, with the approval of the Lieutenant Governor in Council, by order revoke the plan on the day specified in the order and the order shall be filed in accordance with section 5. 1994, c. 23, Sched. A, s. 4 (8).

Filing of plan

5 (1) A copy of an order under subsection 2 (1) and a copy of the development plan and of every amendment to it certified by the Minister shall be filed in the offices of the Ministry of Municipal Affairs and Housing, with the clerk of each municipality having jurisdiction over the area covered by the plan or the amendment, as the case may be, and in such other locations that the Minister considers appropriate. 1994, c. 23, Sched. A, s. 5 (1); 2002, c. 17, Sched. F, Table.

Lodging of plan

(2) If the area covered by the development plan is in territory without municipal organization, a copy of an order under subsection 2 (1) and a copy of the development plan and of every amendment to it certified by the Minister shall be lodged in the proper land registry office. 1994, c. 23, Sched. A, s. 5 (2).

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

2002, c. 17, Sched. F, Table - 01/01/2003

Amendment to plan

6 (1) An amendment to any development plan may be initiated by the Minister or on application to the Minister by any person or public body. 1994, c. 23, Sched. A, s. 6 (1).

Information

(2) An application under subsection (1) shall include the prescribed information and material and such other information and material as the Minister may require. 1994, c. 23, Sched. A, s. 6 (2).

Fees

(3) The Minister may charge fees for the processing of an application under subsection (1) and may reduce the amount of or waive the payment of any fee. 1994, c. 23, Sched. A, s. 6 (3).

Consolidated hearing

(3.1) 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 Ontario Land Tribunal in respect of an application under subsection (1) unless the Minister has appointed a hearing officer under clause 7 (4) (a) or 8 (1) (a) or referred the matter to the Tribunal under clause 7 (4) (b) or 8 (1) (b). 2021, c. 4, Sched. 6, s. 76 (2).

Refusal of application

(4) The Minister may propose to refuse an application under subsection (1) because he or she is of the opinion that the requested...