Planning Act, R.S.O. 1990, c. P.13

• Jurisdiction: Ontario

Planning Act

R.S.O. 1990, CHAPTER P.13

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 10, Sched. 6.

CONTENTS

Interpretation

1 (1) In this Act,

“area of employment” means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; (“zone d’emploi”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “area of employment” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched. 6, s. 1 (1))

“area of employment” means an area of land designated in an official plan for clusters of business and economic uses, those being uses that meet the following criteria:

1. The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following:

i. Manufacturing uses.

ii. Uses related to research and development in connection with manufacturing anything.

iii. Warehousing uses, including uses related to the movement of goods.

iv. Retail uses and office uses that are associated with uses mentioned in subparagraphs i to iii.

v. Facilities that are ancillary to the uses mentioned in subparagraphs i to iv.

vi. Any other prescribed business and economic uses.

2. The uses are not any of the following uses:

i. Institutional uses.

ii. Commercial uses, including retail and office uses not referred to in subparagraph 1 iv; (“zone d’emploi”)

“area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”)

“committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”)

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

“higher order transit” means transit that operates in whole or in part in a dedicated right of way, including heavy rail, light rail and buses; (“transport en commun d’un niveau supérieur”)

“land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”)

“local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”)

“local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local board” in subsection 1 (1) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 45)

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

“parcel of urban residential land” means a parcel of land that is within an area of settlement on which residential use, other than ancillary residential use, is permitted by by-law and that is served by,

(a) sewage works within the meaning of the Ontario Water Resources Act that are owned by,

(i) a municipality,

(ii) a municipal service board established under the Municipal Act, 2001,

(iii) a city board established under the City of Toronto Act, 2006,

(iv) a corporation established under sections 9, 10 and 11 of the Municipal Act, 2001 in accordance with section 203 of that Act, or

(v) a corporation established under sections 7 and 8 of the City of Toronto Act, 2006 in accordance with sections 148 and 154 of that Act, and

(b) a municipal drinking water system within the meaning of the Safe Drinking Water Act, 2002; (“parcelle de terrain urbain d’habitation”)

“payment in lieu” means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; (“paiement tenant lieu de cession”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“provincial plan” means,

(a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005,

(b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

(c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

(d) a development plan approved under the Ontario Planning and Development Act, 1994,

(e) a growth plan approved under the Places to Grow Act, 2005,

(e.1) a designated policy as defined in section 2 of the Lake Simcoe Protection Act, 2008,

(e.2) a designated policy as defined in section 3 of the Great Lakes Protection Act, 2015,

(e.3) a designated Great Lakes policy or a significant threat policy, as those terms are defined in subsection 2 (1) of the Clean Water Act, 2006, or

(f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario; (“plan provincial”)

“public body” means a municipality, a local board, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”)

“public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”)

“regulations” means regulations made under this Act. (“règlements”)

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)

“renewable energy project” has the same meaning as in the Electricity Act, 1998; (“projet d’énergie renouvelable”)

“renewable energy testing facility” has the same meaning as in the Electricity Act, 1998; (“installation d’évaluation du potentiel en énergie renouvelable”)

“renewable energy testing project” has the same meaning as in the Electricity Act, 1998; (“projet d’évaluation du potentiel en énergie renouvelable”)

“renewable energy undertaking” means a renewable energy generation facility, a renewable energy project, a renewable energy testing facility or a renewable energy testing project; (“entreprise d’énergie renouvelable”)

“residential unit” means a unit that,

(a) consists of a self-contained set of rooms located in a building or structure,

(b) is used or intended for use as residential premises, and

(c) contains kitchen and bathroom facilities that are intended for the use of the unit only. (“unité d’habitation”)

“specified person” means,

(a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply,

(b) Ontario Power Generation Inc.,

(c) Hydro One Inc.,

(d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply,

(e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply,

(f) 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 relevant planning matter would apply,

(g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or

(h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”) R.S.O. 1990, c. P.13, s. 1; 1994, c. 23, s. 3 (2); 1996, c. 4, s. 1 (1-3); 2002, c. 17, Sched. B, s. 1; 2004, c. 18, s. 1; 2006, c. 23, s. 1 (1-4); 2009, c. 12, Sched. K, s. 1; 2009, c. 12, Sched. L, s. 19; 2015, c. 26, s. 11 (1); 2017, c. 23, Sched. 3, s. 1; 2017, c. 23, Sched. 5, s. 79; 2018, c. 16, s. 8 (1-3); 2021, c. 4, Sched. 6, s. 80 (2); 2022, c. 21, Sched. 9, s. 1 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 1 (1) of the Act is amended by adding the following definitions: (See: 2022, c. 21, Sched. 9, s. 1 (2))

“upper-tier municipality without planning responsibilities” means any of the following upper-tier municipalities:

1. The County of Simcoe.

2. The Regional Municipality of Durham.

3. The Regional Municipality of Halton.

4. The Regional Municipality of Niagara.

5. The Regional Municipality of Peel.

6. The Regional Municipality of Waterloo.

7. The Regional Municipality of York.

8. Any other upper-tier municipality that is prescribed under subsection (6); (“municipalité de palier supérieur sans responsabilités en matière d’aménagement”)

“upper-tier municipality with planning responsibilities” means an upper-tier municipality that is not an upper-tier municipality without planning responsibilities; (“municipalité de palier supérieur avec responsabilités en matière d’aménagement”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the...