Regulation - LGIC
Regulations under the Planning Act Regarding Municipal Empowerment
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Planning Act
Summary of Decision:
See 16-MMA029 (Regulations under the Planning Act Regarding Municipal Empowerment - Northern)
Further Information:
Planning Act
O. Reg. 525/97 (Exemption from MMAH approval of Official Plan Amendments)
O. Reg. 353/02 (Approval Authority – Plans of Subdivision)
O. Reg. 354/02 (Consent Granting Authority Delegation)
O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents)
16-MMA029 (Regulations under the Planning Act Regarding Municipal Empowerment - Northern)
Proposal Number:
16-MAH018
Posting Date:
May 2, 2016
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 (MMAH) 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:
-East Ferris
-Matachewan
-Red Lake
-Ear Falls
-Marathon
It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the identified municipalities commenced on or after July 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:
-East Ferris
-Matachewan
-Ear Falls
-Marathon
It is proposed that the identified municipalities would receive their new authority on July 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 and make consequential amendments to O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act in order to provide that certain municipalities have the authority to approve consent applications and 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. In some cases the municipalities in question already have consent granting authority so the amendments will only provide authority for these related matters.
The proposed amendment would provide the new authority to three municipalities which have up-to-date official plans, namely:
-East Ferris
-Matachewan
-Marathon
It is proposed that the identified municipalities would receive their new authorities on July 1, 2016.
Purpose of Regulations:
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.
Other Information:
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 (PPS) 2014.
1) Exemption from Approval - Official Plan Amendments
The Minister of Municipal Affairs and Housing (MMAH) 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:
-East Ferris
-Matachewan
-Red Lake
-Ear Falls
-Marathon
It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the identified municipalities commenced on or after July 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:
-East Ferris
-Matachewan
-Ear Falls
-Marathon
It is proposed that the identified municipalities would receive their new authority on July 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 and make consequential amendments to O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act in order to provide that certain municipalities have the authority to approve consent applications and 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. In some cases the municipalities in question already have consent granting authority so the amendments will only provide authority for these related matters.
The proposed amendment would provide the new authority to three municipalities which have up-to-date official plans, namely:
-East Ferris
-Matachewan
-Marathon
It is proposed that the identified municipalities would receive their new authorities on July 1, 2016.
Purpose of Regulations:
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.
Other Information:
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 (PPS) 2014.
Contact Address:
Wendy Kaufman, Planner
Ministry of Municipal Affairs and Housing
Municipal Services Division
Municipal Services Office - North (Sudbury)
Community Planning and Development
159 Cedar Street
Suite 401
Sudbury Ontario
P3E 6A5
Ministry of Municipal Affairs and Housing
Municipal Services Division
Municipal Services Office - North (Sudbury)
Community Planning and Development
159 Cedar Street
Suite 401
Sudbury Ontario
P3E 6A5
Effective Date:
November 16, 2016
Decision:
Rejected