Proposed complementary and consequential changes to Minister's regulations under the Planning Act
O. Reg. 197/96 - Consent Applications regulation
O. Reg. 144/95 - Criteria - Validation of Title regulation
Regulation - Minister
Bill or Act:
Summary of Decision:
The Ministry sought feedback on a proposal to amend and revoke Minister's regulations under the Planning Act. The regulatory changes are needed to help implement certain changes to the Planning Act made by Schedule 24 of Bill 276, the Supporting Recovery and Competitiveness Act, 2021.
The following regulations were filed on November 25, 2021 and will take effect on January 1, 2022, the same date as the proclamation of Schedule 24 of Bill 276, the Supporting Recovery and Competitiveness Act, 2021:
-Ontario Regulation 786/21 - amending Ontario Regulation 197/96 "Consent Applications"
-Ontario Regulation 787/21 - revoking Ontario Regulation 144/95 "Criteria - Validation of Title"
-Ontario Regulation 785/21 - revoking Ontario Regulation 150/95 "Criteria - Power of Sale"
Changes to the Consent Applications regulation (O. Reg. 197/96):
In order to implement the legislative changes, consequential amendments were made to the Consent Applications regulation related to a purchaser as an applicant and the new retained land certificate. Specifically, the changes to the regulation:
-add reference to a purchaser as an applicant in the list of information and material required for a consent application and require a copy of the portion of the agreement of purchase and sale authorizing the purchaser to make the application, and
-require an applicant to specify in their application whether they are requesting a retained land certificate, and if so, require that a statement from a solicitor confirming the extent of the owner's retained land be included as part of that application.
Revoking the Criteria - Validation of Title regulation (O. Reg. 144/95) and Criteria - Power of Sale regulation (O. Reg. 150/95):
Due to the legislative changes, the authority for the Criteria - Validation of Title regulation and Criteria - Power of Sale regulation will no longer exist, and the regulations will be spent. As such, both regulations will be revoked.
Analysis of Regulatory Impact:
-Ontario Regulation 786/21 (https://www.ontario.ca/laws/regulation/r21786)- amending Ontario Regulation 197/96 "Consent Applications"
-Ontario Regulation 787/21 (https://www.ontario.ca/laws/regulation/r21787)- revoking Ontario Regulation 144/95 "Criteria - Validation of Title"
-Ontario Regulation 785/21 (https://www.ontario.ca/laws/regulation/r21785)- revoking Ontario Regulation 150/95 "Criteria - Power of Sale"
Direct Compliance Costs
-Municipalities and other consent granting authorities (including committees of adjustment, planning boards and the Ministry of Municipal Affairs and Housing) would implement the regulatory changes proposed.
-As a result, benefits and costs would be limited to this group.
Direct Compliance Costs to Municipalities:
-Approximately 400 municipalities, including committees of adjustment and planning boards, in Ontario will potentially be impacted by the proposed regulatory changes. Direct compliance costs for municipalities as a result of the changes would include the time to review and update their processes and related applications, websites, guidance materials, etc., dealing with the consent, validation and approval of power of sale processes. It is estimated that the regulatory changes will result in a total direct compliance cost of approximately $153,504 for the approximately 400 municipalities or an estimated $383.76/each. Provincial guidance to municipalities could potentially help mitigate some of this cost. It should be noted that this will be offset by the annual savings (see below).
Direct Compliance Costs to the Ministry of Municipal Affairs and Housing:
-As the Ministry of Municipal Affairs and Housing is also a consent granting authority in limited circumstances, the ministry will need to update application forms and guidance material associated with the regulatory changes.
-The municipal/provincial updating of applications and other materials and processes to reflect the regulatory changes would allow for the proper implementation of the legislative changes proposed through Schedule 24 of Bill 276 for the Planning Act.
-The updating of various ministry materials will provide assistance to municipalities to update their respective products and may reduce municipal costs.
-These regulatory changes are associated with legislative changes (21-MMAH008 - Proposed changes to certain land division provisions in the Planning Act / https://www.ontariocanada.com/registry/view.do?postingId=37010&language=en) which are estimated to have the following savings:
-The municipal sector will save approximately $153,500 annually by reducing the number of consent applications received;
-There is also potential for landowners, leaseholders, consent applicants, purchasers of lands, insurance providers and real estate law practitioners and professions, and municipalities to save a combined estimated $6,803,500 annually (includes the $153,500 in municipal savings).
July 9, 2021
Summary of Proposal:
Bill 276 - the Supporting Recovery and Competitiveness Act, 2021, was introduced on April 15, 2021 and received Royal Assent on June 3, 2021. Once proclaimed, Schedule 24 to Bill 276 will make policy changes to the Planning Act related to control of the division of land (i.e. subdivision control, plans of subdivision, consents and validations), as well as other housekeeping or consequential changes.
Upon proclamation Schedule 24 to Bill 276 will make changes to the consent process by allowing the "purchaser" to apply for a consent and by introducing a new tool to allow for a certificate to be issued in respect of the retained land resulting from a consent.
As a result, consequential and complementary changes need to be made to the existing Consent Applications regulation (O. Reg. 197/96) under the Planning Act. The regulation would be modified to include a reference to a purchaser as an applicant and update Schedule 1 of the Regulation dealing with complete applications, to reflect the new concept of a certificate for retained land.
In addition, upon proclamation Schedule 24 to Bill 276 will make legislative changes which require that a decision to issue a certificate of validation be subject to the same criteria applicable to a decision to grant a consent.
As a result, the Criteria - Validation of Title regulation (O. Reg. 144/95) under the Planning Act is proposed to be revoked.
Provincial Planning Policy Branch
Municipal Affairs and Housing
13th Flr, 777 Bay St
Toronto, ON M7A 2J3
January 1, 2022