Regulation - Minister
Regulations Under the Planning Act Regarding Municipal Empowerment
Regulation Number(s):
O. Reg. 353/02 (Approval Authority - Plans of Subdivision)
O. Reg 136/95 (Delegation of Authority of Minister to Give Consents)
O. Reg 354/02 (Consent Granting Authority)
O. Reg 697/98 (Delegation of Authority - Planning Boards)
O. Reg 136/95 (Delegation of Authority of Minister to Give Consents)
O. Reg 354/02 (Consent Granting Authority)
O. Reg 697/98 (Delegation of Authority - Planning Boards)
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
O. Reg 497/22 amends O. Reg 697/98 under the Planning Act to empower the Municipality of Oliver Paipoonge in relation to two areas of land use planning authority: subdivision/condominium and validations.
The effect of the decision is to remove the Lakehead Rural Planning Board's authority in the two areas and give the Council of the Municipality of Oliver Paipoonge the power to approve plans of subdivision/condominium and validation applications. The result will be a streamlined, local decision-making process for development applications in the Municipality of Oliver Paipoonge.
The regulations come into force on December 1, 2022.
The effect of the decision is to remove the Lakehead Rural Planning Board's authority in the two areas and give the Council of the Municipality of Oliver Paipoonge the power to approve plans of subdivision/condominium and validation applications. The result will be a streamlined, local decision-making process for development applications in the Municipality of Oliver Paipoonge.
The regulations come into force on December 1, 2022.
Analysis of Regulatory Impact:
The result of the regulations will be the empowerment of the Municipality of Oliver Paipoonge council to make decisions on land division within the municipality.
There are administrative costs to process subdivision and validation applications, and to support decision-making by the approval authority. Formerly such costs were borne by the Lakehead Rural Planning Board and were recovered through application fees established in accordance with section 69 of the Planning Act. With the approval of the amending orders, O. Reg. 499/22, O. Reg 496/22, O. Reg 498/22, and O. Reg 497/22, applications concerning lands in the Municipality of Oliver Paipoonge will no longer be made to the Planning Board but instead be made to the Municipality of Oliver Paipoonge. As such, there is no anticipated net change in administrative costs for regulated entities.
There are administrative costs to process subdivision and validation applications, and to support decision-making by the approval authority. Formerly such costs were borne by the Lakehead Rural Planning Board and were recovered through application fees established in accordance with section 69 of the Planning Act. With the approval of the amending orders, O. Reg. 499/22, O. Reg 496/22, O. Reg 498/22, and O. Reg 497/22, applications concerning lands in the Municipality of Oliver Paipoonge will no longer be made to the Planning Board but instead be made to the Municipality of Oliver Paipoonge. As such, there is no anticipated net change in administrative costs for regulated entities.
Further Information:
O. Reg. 525/97 (O. Reg. 353/02 (Approval Authority - Plans of Subdivision)
O. Reg 136/95 (Delegation of Authority of Minister to Give Consents) and O. Reg 354/02
O. Reg 697/98 (Delegation of Authority - Planning Boards)
Planning Act
O. Reg. 499/22: APPROVAL AUTHORITY - PLANS OF SUBDIVISION
O. Reg. 496/22: DELEGATION OF AUTHORITY OF MINISTER TO GIVE CONSENTS
O. Reg. 498/22: CONSENT GRANTING AUTHORITY
O. Reg. 497/22: DELEGATION OF AUTHORITY - PLANNING BOARDS - ARCHIPELAGO AREA AND HIMSWORTH SOUTH...
Proposal Number:
22-MMAH013
Posting Date:
August 16, 2022
Summary of Proposal:
The Ministry of Municipal Affairs and Housing (MMAH) is proposing regulations under the Planning Act to empower the Municipality of Oliver Paipoonge with approval authority for plan of subdivision/condominium applications.
1) Approval Authority - Plans of Subdivision
MMAH is proposing to amend Ontario Regulation 353/02 (Approval Authority - Plans of Subdivision), under the Planning Act in order to make the Municipality of Oliver Paipoonge the approval authority under section 51 and 51.1 of the Act. This would have the effect of giving the Municipality of Oliver Paipoonge council the power to approve subdivision and condominium applications within their geography.
It is proposed that the regulation would provide this approval authority on or after October 1, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would empower the council of the Municipality of Oliver Paipoonge as the planning authority for plan of subdivision/condominium applications within their municipality.
There are no new or increased administrative or compliance costs to regulated entities associated with this proposal.
2) Approval authority - Validation
MMAH is proposing to amend Ontario Regulation 136/95 (Delegation of Authority of Minister to Give Consents) by removing the Municipality of Oliver Paipoonge from Schedule 1 and Ontario Regulation 354/02 (Consent Granting Authority) by adding the Municipality of Oliver Paipoonge to this regulation, which will in effect continue the consent authority that Oliver Paipoonge already has and provide the approval authority to issue certificates of validation under subsection 57(1) of the Act.
It is proposed that the regulation would provide this approval authority on or after October 11, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would empower the council of the Municipality of Oliver Paipoonge as the planning authority to issue certificates of validation.
3) Approval authority - Plans of Subdivision and Certificates of Validation
MMAH is proposing to amend O. Reg 697/98 (Delegation of Authority- Planning Boards- Archipelago Area and Himsworth South, Nipissing, Powassan, Trout Creek) under the Planning Act in order to remove the Lakehead Rural Planning Board's authorities to approve plans of subdivision and issue certificates of validation in the Municipality of Oliver Paipoonge.
This proposed amendment would reflect the proposed changes to O. Reg. 353/02 (Approval Authority - Plans of Subdivision), O. Reg 136/95 (Delegation of Authority of Minister to Give Consents), and O. Reg 354/02 (Consent Granting Authority).
It is proposed that the regulation would remove this approval authority on or after October 1, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would reflect that these approval authorities have been removed from the Lakehead Rural Planning Board and delegated to the Municipality of Oliver Paipoonge.
1) Approval Authority - Plans of Subdivision
MMAH is proposing to amend Ontario Regulation 353/02 (Approval Authority - Plans of Subdivision), under the Planning Act in order to make the Municipality of Oliver Paipoonge the approval authority under section 51 and 51.1 of the Act. This would have the effect of giving the Municipality of Oliver Paipoonge council the power to approve subdivision and condominium applications within their geography.
It is proposed that the regulation would provide this approval authority on or after October 1, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would empower the council of the Municipality of Oliver Paipoonge as the planning authority for plan of subdivision/condominium applications within their municipality.
There are no new or increased administrative or compliance costs to regulated entities associated with this proposal.
2) Approval authority - Validation
MMAH is proposing to amend Ontario Regulation 136/95 (Delegation of Authority of Minister to Give Consents) by removing the Municipality of Oliver Paipoonge from Schedule 1 and Ontario Regulation 354/02 (Consent Granting Authority) by adding the Municipality of Oliver Paipoonge to this regulation, which will in effect continue the consent authority that Oliver Paipoonge already has and provide the approval authority to issue certificates of validation under subsection 57(1) of the Act.
It is proposed that the regulation would provide this approval authority on or after October 11, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would empower the council of the Municipality of Oliver Paipoonge as the planning authority to issue certificates of validation.
3) Approval authority - Plans of Subdivision and Certificates of Validation
MMAH is proposing to amend O. Reg 697/98 (Delegation of Authority- Planning Boards- Archipelago Area and Himsworth South, Nipissing, Powassan, Trout Creek) under the Planning Act in order to remove the Lakehead Rural Planning Board's authorities to approve plans of subdivision and issue certificates of validation in the Municipality of Oliver Paipoonge.
This proposed amendment would reflect the proposed changes to O. Reg. 353/02 (Approval Authority - Plans of Subdivision), O. Reg 136/95 (Delegation of Authority of Minister to Give Consents), and O. Reg 354/02 (Consent Granting Authority).
It is proposed that the regulation would remove this approval authority on or after October 1, 2022.
Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that provides flexibility to our local municipal partners and streamlines decision-making on planning applications.
The proposed regulations would reflect that these approval authorities have been removed from the Lakehead Rural Planning Board and delegated to the Municipality of Oliver Paipoonge.
Contact Address:
Victoria Kosny, Manager Community Planning and Development
Ministry of Municipal Affairs and Housing, Municipal Services Division
Municipal Services Office - North (Thunder Bay)
Community Planning and Development
435 James Street S. Suite 223, P7E 6S7, Thunder Bay ON.
Ministry of Municipal Affairs and Housing, Municipal Services Division
Municipal Services Office - North (Thunder Bay)
Community Planning and Development
435 James Street S. Suite 223, P7E 6S7, Thunder Bay ON.
Effective Date:
December 1, 2022
Decision:
Approved