Regulation - Minister

Proposed regulations under the Planning Act

Regulation Number(s):
O. Reg. 353/02 (Approval Authority – Plans of Subdivision)
O. Reg. 354/02 (Consent Granting Authority Delegation)
O. Reg. 525/97 (Exemption from MMAH approval of Official Plan Amendments)
Bill or Act:
Planning Act
Summary of Decision:
1) O. Reg. 433/15 Exemption from Approval (Official Plan Amendments)

O. Reg. 433/15 amends O. Reg. 525/97 (Exemption from Approval (Official Plan Amendments)) made under the Planning Act. The amendment exempts the following municipalities from the requirement to obtain the Minister's approval of official plan amendments:
-Blind River, Town
-Bonfield, Municipality
-Temiskaming Shores, City
-The North Shore, Township

O. Reg. 433/15 (Exemption from Approval (Official Plan Amendments)) made under the Planning Act came into force on January 1, 2016.

2) O. Reg. 432/15 (Approval Authority - Plans of Subdivision)

O. Reg. 432/15 amends O. Reg. 353/02 (Approval Authority - Plans of Subdivision) made under the Planning Act. The amendment gives the councils of the following municipalities the power to approve subdivision and condominium applications within their geography:
-Bonfield, Municipality
-Temiskaming Shores, City
-The North Shore, Township

O. Reg. 432/15 (Approval Authority - Plans of Subdivision) made under the Planning Act came into force on January 1, 2016.

3) O. Reg. 431/15 (Consent Granting Authority) and related regulations

O. Reg. 431/15 amends O. Reg. 354/02 (Consent Granting Authority) made under the Planning Act. The amendment provides the following municipalities, which already had the authority to approve consent applications, with the authority to make decisions on related matters (approvals of foreclosures and exercises of powers of sale under subsection 50(18) of the Planning Act and validation certificates under section 57 of the Planning Act).
-Bonfield, Municipality
-Temiskaming Shores, City

Consequential to O. Reg. 431/15, O. Reg. 435/15 made amendments to O. Reg. 136/95 under the Planning Act and O. Reg. 434/15 revoked O. Reg. 2/04 under the Planning Act.

O. Reg. 431/15, O. Reg. 434/15 and O. Reg. 435/15 came into force on January 1, 2016.
Further Information:
Proposal Number:
15-MAH010
Posting Date:
September 25, 2015
Summary of Proposal:
The Ministry of Municipal Affairs and Housing is proposing regulations under the Planning Act to empower certain municipalities in relation to three areas of land use planning authority:

1) Exemption from Approval - Official Plan Amendments
The Minister of Municipal Affairs and Housing is proposing to amend Ontario Regulation 525/97 (Exemption from Approval-Official Plan Amendments) under the Planning Act in order to exempt certain municipalities from the requirement to obtain the Minister's approval of official plan amendments.

The proposed amendment would identify the following five municipalities which have up-to-date official plans as being exempt from the requirement to obtain the Minister's approval of their official plan amendments:
-Blind River, Town
-Bonfield, Municipality
-Kirkland Lake, Town
-Temiskaming Shores, City
-The North Shore, Township

It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the identified municipalities commenced on or after January 1, 2016.

2) Approval Authority - Plans of Subdivision
The Minister of Municipal Affairs and Housing is proposing to amend Ontario Regulation 353/02 (Approval Authority-Plans of Subdivision) under the Planning Act in order to make certain municipalities approval authorities under sections 51 and 51.1 of the Act. This would have the effect of giving the councils of these municipalities the power to approve subdivision and condominium applications within their geography.

The proposed amendment would provide this authority to four municipalities which have up-to-date official plans, namely:
-Bonfield, Municipality
-Kirkland Lake, Town
-Temiskaming Shores, City
-The North Shore, Township

It is proposed that the identified municipalities would receive their new authority on January 1, 2016.

3) Consent Granting Authority and Related Authorities
The Minister of Municipal Affairs and Housing is proposing to amend Ontario Regulation 354/02 (Consent Granting Authority) under the Planning Act, make consequential amendments to O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act and revoke O. Reg. 2/04 (Delegation of Authority - City of Temiskaming Shores) under the Planning Act in order to provide that certain municipalities which have the authority to approve consent applications also have the authority to make decisions on related matters. These related matters are approvals of foreclosures and exercises of powers of sale under subsection 50(18) of the Planning Act and validation certificates under section 57 of the Planning Act.

The proposed amendment would provide the new authority to three municipalities which have up-to-date official plans, namely:
-Bonfield, Municipality
-Kirkland Lake, Town
-Temiskaming Shores, City

It is proposed that the identified municipalities would receive their new authority on January 1, 2016.

The Province is committed to a sound, efficient and effective planning system that enhances local autonomy and streamlines decision-making on planning applications.

These proposed regulations would empower the relevant councils as the planning approval authorities for all planning applications within their municipalities

This initiative reinforces MMAH's commitment to ensuring that decisions are made at the local level by municipalities that have up-to-date official plans consistent with the Provincial Policy Statement 2014
Contact Address:
Bridget Schulte-Hostedde
Manager Community Planning and Development
Ministry of Municipal Affairs and Housing
Municipal Services Office - North
159 Cedar Street Suite 401
Sudbury Ontario P3E 6A5
Effective Date:
January 1, 2016
Decision:
Approved