Regulation - Minister
Empowering the Municipality of Shuniah to make decisions on certain applications under the Planning Act
Regulation Number(s):
O. Reg. 525/97 (Exemption from Approval (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)
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)
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
MMAH has amended regulations under the Planning Act to empower the Municipality of Shuniah in relation to three areas of land use planning authority:
1) Exemption from Approval - Official Plan Amendments
MMAH has amended O. Reg. 525/97 (Exemption from Approval - OPAs) under the Planning Act in order to exempt the Municipality of Shuniah from the requirement to obtain the Minister's approval of OPAs.
O. Reg. 808/21 identifies the Municipality of Shuniah which has an up-to-date official plan as being exempt from the requirement to obtain the Minister's approval of their OPAs.
This regulation exempts from the Minister's approval OPAs of the Municipality of Shuniah commenced on or after Dec. 1, 2021.
2) Approval Authority - Plans of Subdivision
The Minister of MMAH has amended O. Reg. 353/02 (Approval Authority - Plans of Subdivision) under the Planning Act in order to make the Municipality of Shuniah the approval authority under sections 51 and 51.1 of the Act. This has the effect of giving the council of the Municipality of Shuniah the power to approve subdivision and condominium applications within their geography.
O. Reg. 806/21 provides the approval authority for plans of subdivision/condominium for the Municipality of Shuniah on or after Dec. 1, 2021.
3) Approval Authority - Validation
The Minister of MMAH has amended Ontario Regulation 354/02 (Consent Granting Authority) under the Planning Act, and Ontario Regulation 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act in order to provide that the Municipality of Shuniah which has the authority to approve consent applications, also has the authority to make decisions on related matters. These related matters are validation certificates under section 57 of the Planning Act.
O. Regs. 805/21 and 807/21 provide approval authority for Validations for the Municipality of Shuniah on or after Dec. 1, 2021.
1) Exemption from Approval - Official Plan Amendments
MMAH has amended O. Reg. 525/97 (Exemption from Approval - OPAs) under the Planning Act in order to exempt the Municipality of Shuniah from the requirement to obtain the Minister's approval of OPAs.
O. Reg. 808/21 identifies the Municipality of Shuniah which has an up-to-date official plan as being exempt from the requirement to obtain the Minister's approval of their OPAs.
This regulation exempts from the Minister's approval OPAs of the Municipality of Shuniah commenced on or after Dec. 1, 2021.
2) Approval Authority - Plans of Subdivision
The Minister of MMAH has amended O. Reg. 353/02 (Approval Authority - Plans of Subdivision) under the Planning Act in order to make the Municipality of Shuniah the approval authority under sections 51 and 51.1 of the Act. This has the effect of giving the council of the Municipality of Shuniah the power to approve subdivision and condominium applications within their geography.
O. Reg. 806/21 provides the approval authority for plans of subdivision/condominium for the Municipality of Shuniah on or after Dec. 1, 2021.
3) Approval Authority - Validation
The Minister of MMAH has amended Ontario Regulation 354/02 (Consent Granting Authority) under the Planning Act, and Ontario Regulation 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act in order to provide that the Municipality of Shuniah which has the authority to approve consent applications, also has the authority to make decisions on related matters. These related matters are validation certificates under section 57 of the Planning Act.
O. Regs. 805/21 and 807/21 provide approval authority for Validations for the Municipality of Shuniah on or after Dec. 1, 2021.
Analysis of Regulatory Impact:
There will be no costs to businesses or the public and the regulation modifications will streamline approval processes by removing a layer of provincial approval. Faster decisions will increase housing supply and business investment.
The government will benefit by redeploying the resources previously used responding to inquiries and processing applications for amendments, subdivisions, and validation certificates.
The official plan amendment review process completed by the municipality will not change substantively as applications were already made to the municipality and adopted by council. The municipality will need to establish its own procedure for land division authorities.
The government will benefit by redeploying the resources previously used responding to inquiries and processing applications for amendments, subdivisions, and validation certificates.
The official plan amendment review process completed by the municipality will not change substantively as applications were already made to the municipality and adopted by council. The municipality will need to establish its own procedure for land division authorities.
Further Information:
Planning Act
O. Reg. 525/97 (Exemption from Approval (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)
O. Reg. 525/97 (Exemption from Approval (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)
O. Reg. 525/97 (Exemption from Approval (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)
Proposal Number:
21-MMAH011
Posting Date:
May 19, 2021
Summary of Proposal:
The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower the Municipality of Shuniah 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 O. Reg. 525/97 (Exemption from Approval - Official Plan Amendments) under the Planning Act in order to exempt the Municipality of Shuniah from the requirement to obtain the Minister's approval of official plan amendments.
The proposed amendment would identify the Municipality of Shuniah which has an up-to-date official plan, as being exempt from the requirement to obtain the Minister's approval of their official plan amendments.
It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the Municipality of Shuniah commenced on or after July 1, 2021.
2) Approval Authority - Plans of Subdivision
The Minister of Municipal Affairs and Housing is proposing to amend O. Reg. 353/02 (Approval Authority - Plans of Subdivision) under the Planning Act in order to make the Municipality of Shuniah the approval authority under sections 51 and 51.1 of the Act. This would have the effect of giving the council of the Municipality of Shuniah the power to approve subdivision and condominium applications within their municipality.
It is proposed that the regulation would provide approval authority for plans of subdivision/condominium for the Municipality of Shuniah on or after July 1, 2021.
3) Approval Authority - Validation
The Minister of Municipal Affairs and Housing is proposing to amend O. Reg. 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 in order to provide that the Municipality of Shuniah which has the authority to approve consent applications also has the authority to make decisions on related matters. These related matters are validation certificates under section 57 of the Planning Act.
It is proposed that the regulation would provide approval authority for Validations for the Municipality of Shuniah on or after July 1, 2021.
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.
The proposed regulations would empower the Council for the Municipality of Shuniah as the planning authority for official plan amendment applications, plan of subdivision/condominium applications and validation applications within their municipality.
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) 2020.
1) Exemption from Approval - Official Plan Amendments
The Minister of Municipal Affairs and Housing (MMAH) is proposing to amend O. Reg. 525/97 (Exemption from Approval - Official Plan Amendments) under the Planning Act in order to exempt the Municipality of Shuniah from the requirement to obtain the Minister's approval of official plan amendments.
The proposed amendment would identify the Municipality of Shuniah which has an up-to-date official plan, as being exempt from the requirement to obtain the Minister's approval of their official plan amendments.
It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the Municipality of Shuniah commenced on or after July 1, 2021.
2) Approval Authority - Plans of Subdivision
The Minister of Municipal Affairs and Housing is proposing to amend O. Reg. 353/02 (Approval Authority - Plans of Subdivision) under the Planning Act in order to make the Municipality of Shuniah the approval authority under sections 51 and 51.1 of the Act. This would have the effect of giving the council of the Municipality of Shuniah the power to approve subdivision and condominium applications within their municipality.
It is proposed that the regulation would provide approval authority for plans of subdivision/condominium for the Municipality of Shuniah on or after July 1, 2021.
3) Approval Authority - Validation
The Minister of Municipal Affairs and Housing is proposing to amend O. Reg. 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 in order to provide that the Municipality of Shuniah which has the authority to approve consent applications also has the authority to make decisions on related matters. These related matters are validation certificates under section 57 of the Planning Act.
It is proposed that the regulation would provide approval authority for Validations for the Municipality of Shuniah on or after July 1, 2021.
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.
The proposed regulations would empower the Council for the Municipality of Shuniah as the planning authority for official plan amendment applications, plan of subdivision/condominium applications and validation applications within their municipality.
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) 2020.
Contact Address:
Victoria Kosny
Manager, Community Planning and Development
Ministry of Municipal Affairs and Housing
Municipal Services Office - North (Thunder Bay)
Suite 223, 435 James St S
Thunder Bay, ON
P7E 6S7
Manager, Community Planning and Development
Ministry of Municipal Affairs and Housing
Municipal Services Office - North (Thunder Bay)
Suite 223, 435 James St S
Thunder Bay, ON
P7E 6S7
Effective Date:
December 1, 2021
Decision:
Approved