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HomeMy WebLinkAboutPD-113-87 TOWN OF NEWCASTLE L~~ R E P O R T Fi 1e #_~~ `' ~~~ k~~~' Res. # X0'01 ~~ ~'~' By-Law # Imo: General Purpose and Administration Committee ~~~ Tuesday, April 21, 1987 T #: Pn_~~~-~~ FILE #: S11S,~CT: BILL 208 AN ACT TO AMEND THE PLANNING ACT, 1983 RECOP~fENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-113-87 be received; and 'L. 1~HAT the Ministry of Municipal Affairs and the local M.P.P., Mr. Sam C ureatz, be forwarded a copy of Staff Report PD-113-87; and 3. THAT the Ministry of Municipal Affairs be requested to consider a further amendment to the Planning Act, 1983 in respect of the withdrawal of appeals to zoning by-laws where such withdrawal occurs during the appeal period. BACKGROUND AND COMMENTS: At the Council Meeting of Nlarch 23, 1987, Council considered correspondence from the Deputy Minister of the Ministry of Municipal Affairs in respect of proposed amendments to the Planning Act, 1983. The correspondence was referred to the Director of Planning for review and report. In that regard, attached herewith is a Ministry of Municipal Affairs Bulletin which briefly outlines the proposed amendments to the Planning Act. In Staff's opinion the most significant of these amendments deals with changes to the zoning process. These amendments are intended to shorten zoning process to a minimum of forty-one (~1) days, while at the same time, enabling adequate consultation prior to a municipal decision and proper notice of that decision following same. ...2 %C~) REPORT NU.: PD-113-87 Page 2 The significant changes include the shortening of the pre-notice requirement from thirty (30) to twenty (20) calendar days prior to a public meeting; the setting of a minimum twenty (20) day time limit for public agencies to respond to a municipal circulation with the maximum time limit being established as thirty (30) days; and the reduction of the appeal period from thirty-five (35) to twenty (20) days. Staff support these proposed amendments, however, we would further suggest that the Ministry give consideration to amending the Planning Act to deal with situations where appeals to a zoning by-law are withdrawn by the appellant during the appeal period similar to the provisions provided for minor variances by Section 44(15) of the Planning Act. Such an amendment would save the municipality and applicants considerable time and expense where an appeal is filed and subsequently withdrawn because of resolution of the concern. With respect to all of the other proposed amendments, Staff view these as merely housekeeping amendments necessary to the proper administration of the Planning Act. Accordingly, we are recommending that the Ministry of Municipal Affairs and our local NI.P.P. , Nir. Sam Cureatz, be advised that the Town has no objections to Bill 208, but that we would request a further modification to Section 11 by adding thereto anew subsection 6 which would have the effect of amending Section 34(18) to provide that, "Where all appeals to the Municipal Board are withdrawn within the appeal period by persons who have given notice of appeal, the decision of the municipality shall be final and binding and the Clerk shall notify the applicant and file a certified copy of the decision with the Ontario Nlunicipal Board". Respectfully submitted, 1-~;, ~T:-~~dwa`rds, `M.C~.I .P. Director of Planning TTE*jip *Attach. April 10, 1987 Recommended for presentation to the Committee awrence otse Chi of A nistrati ve Officer ~~ Affairs municipales Ontario ACT ' 1 V ~C'~ Febnaary 27, 1987 ~~.A~'-'TON OF PROPOSID ® Bill 208 The Act ~ (~{(~~~ ~~jj~- ~:- ction 1 t~~ Z:! j~' Se amends Section 4 v Section 2 amends Section 5(2) MAR 1 7 1987 Section 18 amends Section 49(1) rowN oiz ~~~vc~sn~ Delegation of Consent Powers PLANNING DE,AftT~ `' ~~NT Section 4 provides the Minister of Municipal Affairs authority legate various planning approval powers to a council of a municipality, while Section 5 provides the same to planning boards in northern Ontario. In the case of granting consents, the delegated authority assumes all the powers of the Minister in fulfilling their duties. Because the Minister's powers 'are different than a municipality's, sane ~ inconsistency in application of delegated authority has arisen:_municipality has no authority to change conditions on a consent, but a planning .board with delegated authority from the Minister is able to change conditions.. Such inconsistency is considered inappropriate. The effect of these changes will provide the Minister with one set of rules for granting consents, while all other consent-granting authorities will have the same powers in administering their functions. ~ Bill 208 The Act Section 3(1) amends Section 17(14)(15)(16)07) Section 11(4) amends Section 34(22)(23)(24)(25) Parties to an Appeal These paragraphs deal with the identification of parties to an appeal to the Ontario Municipal`Board for official plans and zoning by-laws. It has become clear that in same instances the owner of the land which is subject ' to appeal is not automatically included as a "party" by the present legislation. This has resulted in cumbersane and time-consuming requests for the OMB to add parties in advance of a hearing. The proposed legislation seeks to delete these paragraphs and replace them with wording that would allow the OMB- the flexibility to establish parties to an. appeal as deemed appropriate. _2_ ~C~, Bill 208 The Act Section 3(2) amends Section 17(19) ..--_ Section _ 5.__~.- ---~ - ---"airt~ri, ~ Section 21(2 ) Sectq~n 6 ' ; ~=~ ; ~ ~ne" ~ . '; Section 22 (5) Se~t2oh , 7t ,~-~ '~t~ee~i . `~ Section 23 (1) Seet'~~11(5) amen ~ ~ Section 34(28) Section 17., ~~~ ids ,4 Section 46(15) Maters of Pro i r • terest Whefe I~,~~dffcal..~plarr~---~oning by-law or zoning order is before the OMB for hear'in~;°t~se paragraphs allow the Minister of Municipal Affairs to declare the matter to be of provincial interest if provincial interest is "adversely" affected. This allows the matter to be decided with by Cabinet rather than by the OMB. However, the wording "adversely affected" does not allow the Cabinet to support "positively" a municipality's position on a particular matter of provincial interest. :, The proposed legislation seeks to delete the word "adversely" in each paragraph. This would allow the Minister to declare his position. in negative or positive situations affecting provincial interest. In both instances, the matter would still be decided by Cabinet. . • Bi11 208 ~ The Act Section 4 amends Section 20(1) Lodging of an Official Plan Once official plans have received ministerial approval, the clerk is required to return two certified copies for lodging with the Minister. It has been determined that this Ministry does not require certified copies of a document. The"legislation seeks to amend this paragraph to remove the requirement for a clerk to return documents to the Minister. This is done by rewording Section 20(1) of the Act. NOTE TO M[JNICIPALITIES WITHIN REGIONS This amendment does not affect any Ontario Regulations where the Minister has delegated his authority for official plans to Regions. Lower tier municipalities within regions are still required to lodge with the Ministry the appropriate documents described in the regulation. • Bill 208 The Act Section 8(1) amends Section 24(2) By-Law Conformity to an Official Plan This paragraph allows a council to adopts an official plan amendment and pass a by-law that does not conform to the official plan, but would conform when the Minister approves the official plan amendment. This section, however, has been interpreted not to allow a lower tier municipality to pass a by-law in the situation where the upper tier adopts the official plan amendment. Therefore, the proposed legislation is amended to ensure a lower tier municipality to pass a by-law that conforms to an official plan amendment adopted by an upper tier municipality. This is done by rewording Section 24(2) of the Act. • Bill 208 The Act Section 8(2) amends Section 24(4)(b) Conformity of By-laws Approved by the Ontario Municipal Board This section has been amended to clarify that any by-laws approved, dismissed or directed by the OMB are deemed to conform to the official plan. This change complements those changes made to Section 34(12) and (17). • Bill 208 The. Act Section 9 amends Section 28 Carmunity Improvement 1 The Municipal Act was amended in July of last year (Bill 79) to clarify the intent of Section 112, which prohibits the granting of bonuses by municipalities to manufacturing businesses or other industrial or commercial enterprises. This amendment included an exception toy permit .the Minister of Municipal Affairs to authorize a council to make grants or loans to businesses, or to sell or lease land, under the community improvement provisions of the Planning Act (Subsections 6 and 7 of Section 28). An amendment to the Planning Act is required to allow the Minister of Municipal Affairs to authorize the granting of bonuses by a municipal council. This is done by adding a new Section 28(7a) to the Act. • Bill 208 The Act ,.. Section 10 .amends Section 33 Demolition Control Municipalities using demolition control identified three deficiencies with Section 33 of the Act. They are: . Subsection 33(7) allows a municipality to attach conditions to a demolition permit, but does not allow these conditions to be registered on title so that they "run" with the property; . Subsection 33(10) provides that any person who has obtained a demolition permit may make application to council for relief from any conditions attached. Concern has been raised that this does not enable subsequent owners of a permit to also apply for relief from conditions; and . Vile Section 33 establishes a time-frame for the completion of demolition control, it does of provide council with authority to consider extensions to the time period. This would allow the permit to continue rather than having it -lapse . C~~ 1 - 4 - The proposed legislation seeks to remedy these three deficiencies by: . Including a new subsection (7a) which will provide for conditions to be registered in the land registry office against the land to which it applies; . Rewording 33(10) to ensure that subsequent owners of a permit may apply for relief from conditions; and . Including a new subsection (l0a) which will provide councils with the opportunity to consider extensions to the time period for requesting relief from conditions. o Bill 208 Section 11(1) amends Section 11(2) amends Section 11(3) amends Zoning Process The Act Section 34(12)(13) Section 34(15) Section 34(17)(18) The current zoning process is as follows: . at least one public meeting shall beheld, prior to adopting a zoning by-law or amencfinent; . notice of the public meeting shall be given at least 30 calendar days before the meeting; . prior to adopting the by-law, a municipality may consult with any public agency it deems to have an interest and shall allow them time to submit ca~nents; . once a by-law is adopted, the clerk of the municipality is required to give written notice of the passing of the by-law not later than fifteen days after the day of adoption; and . any person or agency within 35 days from the date of the passage of the by-law may appeal to the Ontario Municipal Board by filing with the clerk a notice of appeal outlining the objection and reasons for the objection. TYirough the Ministry's review, the Association of Municipalities of Ontario, individual municipalities and the development industry clearly identified the zoning process as being too long. The present process requires a minimum of 66 days to complete provided there are no objections and delays with scheduling of meetings. In certain parts of the Province, especially northern Ontario, with its short building season, this is viewed as unacceptable. This amendment shortens the zoning process to a minimum of 41 days while still enabling adequate consultation before a municipal decision and proper notice of that decision afterwards. ' The proposed legislation will revise the process as follows: . one mandatory public meeting of which notice shall be given no later than 20 calendar days prior to the meeting; Tc~) . council may circulate information to any public agencies it deems to have an interest; .should a public agency be circulated, it has 20 days to comment before adoption of the by-law by council; . prior to lapsing of the 20 day notice period, a public agency may, in writing, request 10 additional days to comment. Should this occur, the by-law may not be adopted until comments are received or the additional 10 days has expired; and .once the by-law is adopted, any person may, within 20 days from the giving of notice, appeal to the Ontario Municipal Board by filing with the clerk a notice of appeal outlining the objection and reasons for the objection. For your information, there are also several wording changes made to Section 34 which are of significance. They are: in Sections 34(12) and (15) the wordd "sufficient information is made available to enable the public (public agencies) to understand generally the ..zoning proposal." This language ~is used to ensure enough information is provided in the notice so that anyone can clearly understand the purpose and effect of the proposal and the area to which it applies; . in Section 34(12)(13) and (15) the rather than "the proposed by-law". municipality the opportunity to use meeting to prepare the by-law; phrase "the zoning proposal" is now used This wording change should now allow a the information obtained at the public Sections 34(12) and (17) now include the following wording, "except a by-law passed pursuant to an order of the Municipal Board made under subsection (11) or (27)." This wording has been added to clarify whether the full notice requirements must be undertaken in situations where an OMB order directs an amendment to the by-law heard by the Board. Where the OMB now directs an amending by-law, public notification and notice of appeal will not be required unless otherwise instructed by the Board; and The new Section 34(22) now allows the Ontario Municipal Board full authority to establish parties to an appeal. This new section replaces former subsections (22)(23)(24) and (25). A similar amendment has been made to the official plan provisions. • Bill 208 The Act. Section 12 amends Section 35(2) Section 13 amends Section 36(2) Section 15 amends Section 41)(4) Holding, Bonus and Alternative Parkland Provisions There are a number of sections in the Planning Act which require official plan policies before a municipality may use certain provisions, e.g. community improvement, holding by-laws, bonus provisions, property standards, site plan control, alternative parkland provisions. In certain cases the wording of the legislation allows any official plan (i.e. upper tier or lower tier) to contain the necessary provisions. In the other cases, the legislation states that the municipality must have an official plan containing the necessary provisions. This wording has been interpreted to mean that where there is only an upper tier plan in effect in a local municipality, then the local municipality cannot use the provisions. This situation is undesirable in that some of these local municipalities would like to use the provisions and be authorized to do so by a policy in the upper tier plan. ~JC~~ ! -6- ~(~) In particular, concern has been raised with the holding (Section 35(2)), bonus (Section 36(2)) and alternative parkland (Section 4(4)) provisions. The proposed legislation seeks to amend Sections 35(2), 36(2} and 41(4) to allow an upper tier official plan to contain policies required for a local municipality to use the holding, bonus and alternative parkland provisions respectively. • Bill 208 The Act Section 14 amends Section 40(8)(a) Site Plan Control Upper tier municipalities (counties/regions) have identified that this subsection is unclear in providing them with the authority to control the disposal of storm and surface water on proposed developments abutting upper tier road allowances. -Local municipalities under Section 40(7)(a)(g) have this power. The proposed legislation .seeks to amend this section to provide upper tier municipalities the authority to control the disposal of storm and surface water along upper tier road allowances. • Bill 208 .Section 16 amends Minor Variances The Act Section 44(10)(12)(13) The minor variance process for zoning by-laws requires that parties, involved in an application, shall receive a copy of the decision and provides them an opportunity to lodge an appeal against the decision. Concern has been raised with the specific language used in these sections. Section 44(10) requires that notice of a minor variance decision shall be sent by mail to those parties, involved in the application. This specific wording could become a problem in the event of a postal strike where other means, such as by hand delivery, could not be used. Section 44(12) states a person who has an interest may appeal a decision by "serving personally on or sending by registered mail" to the secretary-treasurer a notice of appeal. This specific language should be amended to require an appeal "to be filed". This would allow all forms of lodging an appeal open to an appellant. The use of the words "filed with" is consistent with language used in the consent process (Section 52) for lodging of appeals. Similarly, the same problem exists in the language of Section 44(13) and requires amending. Therefore, the proposed legislation seeks to amend: a) Section 44(10) by deleting the phrase "by mail" in the second line; b) Section 44(12) by deleting the phrase "serving personally on or sending by registered mail to" and replacing it with "filing with"; and c) Section 44(13) by deleting the phrase "served or sent to him" and replacing it with "filed". • Bill 208 The Act Section 19(1) amends Section 52(7) Parties to an Appeal - Consent Process Section 53(1) allows a council of a county, region, metropolitan municipality or district to delegate to a lower tier municipality the authority to grant consents. Section 53(2) allows a lower tier municipality to further delegate the consent authority to a committee of adjustment, committee of council or to an appointed officer. Similarly, the Minister may also delegate his consent granting authority to a planning board or council in northern Ontario. In each of these instances the legislation is unclear whether the upper tier municipality (county, region, district, metropolitan municipality and local council) or the Minister may appeal any decision made by the. consent granting body to which the authority was delegated. The proposed amendment to Section 52(7) enables a county, region,. district, metropolitan, local municipality and the Minister to appeal the decision of the body to which the authority was delegated. - • Bill 208 The Act Section 19(2) amends Section 52(20) Fulfillment of Conditions - Consents Section 52(20) requires that any conditions imposed when a consent is given must be fulfilled within one year of granting the consent. Should any consent conditions be appealed to the Ontario Municipal Board, and the matter not completed within one year, and the consent will lapse. This is undesirable and a change is required to avoid the possibility of a consent lapsing when there is an appeal to the OMB. The proposed legislation revises Section 52(20) by providing that the one year period for fulfilling conditions, in the case. of an appeal, should start from the date of the order of the Ontario Municipal Board. • Bill 208 The Act Section 20 .amends Section 56(1) Validations During the 1960's and early 1970's, many efforts were made to circumvent the requirements of the Planning Act in the conveyance of property. On March 19, 1973 the Ontario Court of Appeal released a decision on several questions presented to the Court and later that year the Act was amended to further deter the circumventing efforts and to provide for a system to review and validate contraventions made prior to March 19, 1973 where it is deemed appropriate. Since this section only allows a title to be validated prior to March 19, 1973, this process cannot be used for any validations after this date. There are many situations where this validation process could be used to clear title for those which inadvertently contravened the Planning Act after. the March 19, 1973 date. ~Cc) - 8 - ,mil Cc) r The proposed legislation deletes the reference to the March 19, 1973 date, thereby enabling all inadvertent contraventions to be dealt with through the validation process. O Bill 208 The Act Section 21 amends Section 68(1)(2) Section 22 amends Section 69(d) Planning Board Fees The Act currently allows planning boards in northern Ontario to charge fees only when planning functions have been delegated to them by the Minister. Planning boards perform. a wide range of planning functions that have not been delegated including zoning order administration, official plan amendments and review of planning documents. It is felt that planning boards should be allowed to charge fees to cover. the administrative costs of performing those non-delegated functions. The proposed legislation: a) Amends 68(1-) and (2) to allow planning boards in northern Ontario to charge fees for all their planning functions; and b) Deletes Section 68(d) which specifically provides planning boards the opportunity to charge fees only for those functions delegated to it by the Minister. • Bill 208 Section 23. Effective Date of Bill The contents of this Bill shall come into effect the day it is given Royal Assent, except sections 1, 2. at~d 11 dealing with consent authorities and the zoning process. These sections, will cane into effect sane time after the Bill is given Royal Assent. This will allow municipalities time to arrange their administrations to accatmodate these changes. This Bill was given first reading on February 11, 1987 and passage was anticipated soon after. Therefore, May 1st was an anticipated day for Sections 1, 2 and 11 to come into effect. Since the Legislature is now recessed to mid-April, the May 1st date is no longer realistic . This date will change providing a 4-6 week lead time fran the dayj,.the Bill is given Royal Assent. Therefore, please disregard the May 1, 1987 date. / / .March ~ ~, 1~J ~. ~1~° . E o ~~I. (~'1 ariri t~c~ s Da~~ut~y P~ini~t~r (,1e~ir9~~), 1~~linis~ry a'' P~lunic.~iE>~1 ~~~ ~~i-~~, 777 Liay ~ti"cai:9 ~a~Q~~~Q, Gnt~~~ia. P15G 2E5. E~c:~1r ~,1 f Ra; E'li7i 20E ~1n pct ~a ,~r~ar~ri ~'h~ E'l~r~nin~~ ?JCL 1D<3 Our i=i1~: 3c.~1,°,i A~~ a rac~ul~r^ rrre~~~in~ a~ Ca~ancil held E~~andy, s~~l~rch ~~~, 1JF~7, ~h~ -~alla~inc~ ra~alu~ian t~a~~ ~~.,~a~< "-iha~ ~.~~~ carrfrrunic:~tian ~i~fiar9 F~~t~~~u~Yy ~7, ]~~~7, fr~r~i~~ ~lr~. Ca ~o ~'laminc~, D~~u'~y f~~linis~~~r, Eiini~~ry ai° ~~1ur~i~ip~1 1~~'~~ir°s, I77 D'~y ~tr~~~~., Tarc~nt~~, ~15Cs ~~a, ~c~vis~ir~~ ~h~t. bi 11 ~D~ °~n ~cf: ~t~ tGr~~nr~ the i~l nni nc~ ,~,z. ~", E~~~ ~°r:~:~ji v~;c; i rat r~~~di nc~ ~c9 i ~ nay i n a~i real a~i ar, ~r c~a~~~un~n~, b~ r°ac:a i ved ; . tend th~~ ~~~a bill ~~ r~~~r~r~ ~a -~ha Dire>ctar r~~ Plar~r~inc~ -far r~vi~~a n~;i ~~ r•~~on~ i:o ~~tc: G~nar~l Par°~a~~: end Ac~mir~i~~r~~:ic~n ~OR~,i~G~~." 'fears ~r~uiy, fasc:rn~ry ftu~:lacine, Aor~1.C.~~n, D~~uty Clerk< FtR/as . co~.y ~a : f'1 anni rrra. ~.~ .. Office of the Deputy Minfoter BUr6aU dU SOUSitlihiftre 'rV /rte.. T. ~ COMMUNICATIONS DIRECTION t ~~ >a. ,~;.~ T. Ministry of Ministere des Municipal Affaires Affairs municipales February l7, 1987 ~~~~l~~ ~E (~~'~~F~~t~~~~la CLERK DEPARTMENT TO THE MUNICIPAL CLERK: D-1__ ~» eay street Toronto, Ontario M5G 2E5 I am very pleased to enclose a copy of thePlan~nin Amendment Act, 1987 which was given first read g ~y the Legislative Ass- emf~ly on February 11, 1987. The Bill proposes a number of "housekeeping" amendments which will improve the effectiveness of the Planning Act. Of most significance are changes to the zoning process which have the effect of reducing the time period of the process from a minimum of 66 days to a minimum of 41 days. Before the Bill proceeds to second reading, your Council may wish to advise me of any comments on provisions of the Bill. I would, therefore, request that you bring the Bill to the attention of your Council at the earliest possible opportunity. To assist in your review, details are enclosed on the purpose and effect of each change. Thank you for your co-operation ,and assistance in this matter. Please forward any comments to the Office of Local Planning Policy, 13th floor, 777 Bay Street, of this Ministry. Yours sincerely, ~.. r~l,, ~'" _ L E. M. Fleming Deputy Minister (Acting) Enclosures c~Er,K ~q ACI:. l~. ---- C ou,,/ c r c .. .. P:"`-~--~ ~,. ~~ r di..L~'-y may- ..._~ ~, _' - ~ - ~--_. ~~ f-----_ --- - ~~_i?-' ~ 1 rli_E___~S"_.3i. S", _~.' 1_;', ~r+.-fit ;>~ '~~'t'-r;.~.'n;~`.;gey~~+n~, ~:.ri~RF~~~'':•'°sirriit ,~ ,.:n _:,~r~ ,_ r ,~~, ,. .;.- _ Bi11208 Government Bill 2ND SESSION, 33RD LEGISLATURE, ONTARIO 36 ELIZABETH II, 1987 Bi11208 An Act to amend >lhe Planning Act, 1983 The Hon. B. Grandmaitre Minister of Municipal Affaic•s 1st Reading 2nd Reading 3rd Reading Royal Assent February 11th, 1987 Printed under authority of the Legislative Assembly by the ©Queen's Printer for Ontario ." ~~- " ~ ~~ ,,. ,,;. ,,,,r_ „ , ,,,;,,,,,,, ,,, , EXPLANATORY NOTES ~c;.j: ;:, n;: SECTIONS 1 and 2. The addition of the proposed subsection 4 (2a) and the amendment to subsection S (2) of the Act will ensure that when the Minister's consent-granting authority has been delegated, the same provisions will apply to the exe i f rc se o that authority as apply to municipal councils and delegates thereof. SECTION' 3.-Subsection 1. Subsections 17 (14) to (l7) of the Act now read as follows: ' (14) The parties to a referral are the person or other body, if any, dmt requested the referral, the municipalit and • y any person or other body added as a party by the Municipal Board, ~ 9 .,~} ~~~ tf~Pi+ t3js)+Cf+,t'J ~1~E F~ jl {~y t r. ~ °~t,r' ,, r ~ tt ~E ~, ,,, ++„~'s~~+ t ki ,,;- ~=t tva ' - _>_- -. (IS) The Munici al Board ma ~ add Es t~~+ .){ `E ~ ~`!r i,. ! ' ~y~ hE { ,j f~, 4~ I ~, as a art ~ _ ~erson, including the Minister or other body wha applies to the Board !o beh ddedr l { , F ~ ,' . Fn , a as a par ~ (16) Despite the fact that a person is not a party to the referral, the Mtuticipal Board may permit the person to make re res i p entat ons at the hearing. - (17) On a referral to the Municipal Board, the Board shall hold a hemittg of kt~itich notice shall be given to the i part es to the referral, and to such other persons or bodies as the Board considers appropriate. As re-enacted, subsection 17 (l4) will permit the Municipal Board to, in effect, establish the parties on a reference to the Board i n respect of an official plan. "_ - Subsection 2. Subsection 17 (19) of the Act provides that where an official plan is before the Municipal Board on a ref erence, the Minister of Municipal Affairs may advise the Board by a notice in writin that a t f g ma ter o provincial interest is adversely affected by the plan or part thereof, and thereupon the decision of the B d oar on that part of the plan identified in the notice is not binding unless confirmed by the Lieutenant G i overnor n Council. The amendment will permit the Minister to give the notice whenever a pro- vincial interest is affected, whether adversely or beneficiall y. " SECTION 4. Subsection 20 (1) of the Act now reads as follows: • . (I) Two certifred copies of the official plan shall be lodged in dte office of the Minis- ter and one certifred copy in the offrce of the clerk of each mu i i li n c pa ty specified by the Minister. - The requirement that copies of the plan be lodged in the office of the Minister has been found to be unnecessary and is deleted. ~ SECTION'S 5, 6 and 7. These amendments are to the same effect as that set out in sub- section 3 (2) of the Bill and are i n respect of amendments to an official plan. t ;:; }~r E '~' SECTION S.-Subsection 1. Subsection 24 (2) of the Act permits the council of a municipality that has adopted an amendment to an official plan to b l ' °. z • ..r, • ~. pass a y- aw that doesn t conform with the plan but will conform if the amendment is approved. As re- enacted, the subsection takes into account the fact that in some instances it is the upper- tier municipal council that is responsible for the official lan that li ~,~•,,,^m u=~ttlx.:.tt€rt;r~T`rrp,;'k_s{><tt.iitr~ t F ~~ iF ~ ' t jE i~l! k ~ .. {t!%, k~'~~'{. I l ~ p app es to a lower-tier municipality. t , .a t i .~ C , ' a St1• {ht rS: ' , ~ ,. • Subsection 2. Subsection 24 (4) of the Act provides that where a zoning by-law is not appealed or if appealed the l i appea s dismissed or if the by-law is amended as directed on the appeal, then the by-law is deemed to be in f i con orm ty with an official plan that is in effect in the municipality. Clause 24 (4) (b), as re-enacted, recognizes that under sub- section 34 (27) the Munici al B d ,_ " p oar on an appeal may itself amend the by-law rather i than direct [he council of the municipality to do so. - ~ «a i ` `` "~ `'`' °' SECTION 9. Subsections 28 (6) and (7) of the Act confer certain powers on a munici- pality for the purpose of carrying out a community improvement plan, the exercise of _ -i ~,.;. which could contravene the restrictions on the granting by a municipal council of assts- _ - _ - lance to business or commercial enterprises set out in subsection 112 (l) of the Municip«l - . - Act. Subsection l l2 (2) of that Act creates an exception where the council is exercising _ any of its powers or authority under subsection 28 (6) or (7) of the Planning Act 1983 , with the approval of the Minister of Municipal Affairs. The proposed new subsection 28 (7a) of the Platming Act, 1983 explicitly authorizes the Minister to approve the exer- - cise of such power in order that the exception may apply. SECTION 10,-Subsection 1. Subsection 33 (7) of the Act enables the council of a municipality to attach conditions to a demolition permit for residential property; the new Ti'r•i-?t'' "`'mot ;,p-•~ f~riit":.-~ 2~ trt'y' r + ' subsection (7a) permits registration of notice of any conditions imposed against the land ~ I 't;t *~ "t(t ,~ tl ~ +r ,~ ~.: -v ,F~r ~t~~ --~ r~ +t ~~t 4 ~ gtp:r.. to which the permit applies. '~s t_~aa i!? tom.,, r ;.y.=:~ .~n~ Subsection 2. Subsection 33 (]0) of the Act now permits an}' person who has obtained a demolition permit under subsection 33 (6) to apply to council for relief from the condi- I • •` ~ `" ~ lions attached to the demolition permit; tinder subsection (10), as re-enacted, such an i appl cation may be made by a person who has subsequently become the owner of the ~ permit. I New subsection (l0a) permits council to extend the time for making an application ~ for relief under subsection (l0). • ~ SECTION 11.-Subsection 1. Subsections 34 (12) and (13) of the Act set out certain requirements to be met by a municipal council before passing a zoning by-law and now read as follows: -- (12) Before passing a b}~-laty under this section, the council shall ensure that adeyunte information is made available to the public, and far this purpose shall {told «t least one public meeting, notice of which shall be given in the manner and to the persons prescribed , for the purpose of informing the public in respect of the proposed by-law. (13) The meeting mentiated in subsection (12) shall be held not sooner rlrnn thin}~ .. days after the requirements for the giving of notice have been canplied wilt and shall be open to the public, and any persat who attends the meeting shall be afforded an oppornt- nity to make representation in respect of the proposed by-law• - The re-enactment of subsection (l2) makes it clear those requirements do not apply when the by-law is passed on the direction of the Municipal Board following an appeal to it and is rephrased to indicate more accurately the type of information that is io be made ~ _ - available to the public. ~ The re-enactment of subsection (l3) reduces from thin}• to twenty days the minimum period of time that must elapse between the giving of the notice and the holding of the meeting. Subsection 2. The re-enactment of subsection 34 (15) of the Act requires council to for- : fi _, t ,' t„',Y ;i::; ~ ' ward the informatio^ to boards, commissions and other agencies that may have an inter- ' _ est in the matter not less than twenty days before passing the by-law. ' New subsection (l5a) permits such a board, etc., to require up to an additional ten :4>i~~~t>n;~;~{~~~f,~,.;;,ITRI;~#t!1;~~{'!lj°; ~?~ ~' . a~ i F ! ; ~!;; ' ? days to submit comments on the zoning proposal. ~ ;:, ;:-i?:;ta:Rt;pt 4ti;;: tS:t ~;:~t ~ : '~+t~ ili?i ;tt;v Subsection 3. The re-enactment of subsections 34 (17) and (18) and the enactment of new subsection 34 (18a) vary the time within which an appeal of a zoning by-law may be ~ brought. The appeal period will commence to nm from the day notice of the passing of the by-law is given rather than from the day the by-law is passed and the effect is to shorten the appeal period when a municipality is prompt in giving notice of the passing .. of the by-law. j~ ~I .,. _. _. . - ~ .~ m l . _ ~ Subsection 4. The re-enactment of subsection 34 (22) of the Act is to the same effect as • ' ~'!` '` that set out in subsection 3 (l) of the Bill in relation to the power of the Municipal _ Board to establish the parties on an appeal to the Board in respect of a zoning by-law. Subsection 5. The amendment is similar in intent to that set out in subsection 3 (2) of the Bill and refers to a matter of provincial interest affected by a zoning by-law. SECTION 12. Subsection 35 (2) of the Act provides that a zoning by-law of a local municipality shall not include a "holding provision" unless its official plan contains provi- sions relating to that concept. As re-enacted, the subsection recognizes that in some instances it is the upper-tier municipal council that is responsible for the official plan that u.~ >;~r*:, u~.t ~, >~u !' ap f~tts_ '~~ r p ~t, , r"s~;l < 1' t,tt ~ ytt ~t,t Et u t 1'~~ ' f a lies to a lower-tier munici rlit ~ t , l j t , c. ~ t ~ ~ n3~ ~ ;i ''f (' ~ '~" ~ ~~' l, . , f .~ r ,irt ~e: a ; ? t +'~ 1 " `' SECTION 13. The re-enactment of subsection 36 ~2) of the Act is to the same intent as ' ` - ~„ °f1""`" ''"" `' '" 4 ' ' ` the amendment set out in section 12 of the Bill and refers to increased density provisions , .... ,.,. in a zoning by-law. ~ SECTION 14. The paragraph added to clause 40 (8) (a) of the Act empowers an upper- - tier municipality to require matters relating to drainage to be provided to its satisfaction in connection with site plan control approvals. SECTION I5. The re-enactment of subsection 41 (4) of the Act is to the same effect as ( that set out in sections 12 and 13 of the Bill and refers to a requirement as a condition of development or redevelopment of land that land be conveyed to a municipality for _ ...": • park purposes at a rate of not more than one hectare for each 300 dwelling units pro- _ ._ . _ - -- . posed. SECTION 16. These amendments make consistent the appeal procedures on minor ' variance decisions under section 44 with those that apply to consent decisions under section 52. SECTION 17. The amendment is similar to that set out in subsections 3 (2) and ] 1 (5) - - '' • ' '' `''"' °~' of the Bill and refers to a matter of provincial interest that is affected by a proposed revocation or amendment of a zoning or subdivision control order made by the Minister under subsection 46 (1) of the Act. ' SECTION 18. The amendment is complementary to those set out in sections 1 and 2 of the Bill to ensure that the same provisions will apply in the exercise of the )\4inister's delegated consent-granting authority. SECTION 19.-Subsection 1. Subsection 52 (7) of the Act describes who is entitled to appeal a decision on an application for a consent and is set out below, showing under- " lined the words to be added by the amendment: i ( (7) The applicant, the Minister and every agency or order person to whan notice of the decision wa.r sent either as required tinder subsection (5) or otherwise, including notice - sent in accordance with a conditiodd of delegation of the attihorih' to Brant consedns nta}~ within thirty days of the making of the decision appeal to the Municipal Board against the t ' ~=` '•..`•:E t "•`-> ` E,;' decision by filing with the clerk of the nutrticipalit}~, the council of which made the deci- - ~ ° ~ ~ _~ - siord, a notice of appeal setting ottt dvritten reasons in support of the appeal and accontpa- Hied by pn}anent to the clerk of the fee prescribed by the Board under the Ontario Munici- t t ~^^t u d trt; d ttt f~s+r-t ~~t;t ~ ~tk,t i }s ~[7 t i ,err ~ ~F' ~~ ~c~~ ''Sdid'd~ilt( pal Board Act. t The amendment is intended to make it clear that whoever is sent a notice of the decision - - is entitled to appeal it, including a body who had delegated the authority to grant the consent. Subsection 2. Subsection 52 (20) of the Act provides that where conditions imposed on the granting of a consent are not fulfilled within one year of the granting of the consent, _ the application for the consent shall be deemed to be refused; the words added by the .' ~ amendment provide that where there has been an appeal or reference to the Municipal rx~}-'xir ~~ tY; j+"'iS.~1F~.t~ tixtF. ~Y~"' t'+ t t = ~` ` ~ - 3„a~~t+-,'F.li+;t ~7ki s~4 s-t>it { xyF +~. ~f`-t`,=1-~ k r ~-ts t xi3'?`'~u.+a , '~ t~ '.~ ..r• =?r r4ta l.rz,' iY '{'~ 1ii~ is ?, F'} •ypi 1 - ,, - .. .. .:. _,..., T, ...~ . z .. ... ,rt:: x..+~r.,~l:qp~~q,.`(l{~ro`~YiIsxxii=:~;..3ttt,~t_~4t`r`r~YG~ ,>?9 ~"y~nLi;''xt ~- t ' ~Jx ! ~ir; nzfF =; a'+,. 'tt n. r: tt 3 . + .~, i' SECTION 20, Subsection 56 (1) of the Act permits the validation by order of the Minis- ter of conveyances of land made before the 19th day of March, 1973, that contravened the subdivision control provisions of the Act. The re-enactment permits such validation whether the contravention occurred before or after the 19th day of March, 1973. SECTION 2l. Under the Act, planning boards may charge fees only when planning functions have been assigned to them by the Minister. The re-enactment of subsections 68 (1) and (2) will permit planning boards to charge fees in respect of any of their plan- ning functions. SECTION 22, Complementary to section 21 of the Bill. - .~ ~- r .;{. , • ~ Bill 208 ~ 1987 t }, Y+i.~,--~ ~L r;,f, ~'t~;;w~ ~ ;~s.~-~ti An Act to amend the Planning Act 1983 , HER MAJESTY, by and with the advice and consent of the • • Legislative Assembly of the Province of Ontario, enacts as follows: -- 1. Section 4 of the Pla~utrng Act, 1983, being chapter 1 is - , amended by adding thereto the following subsection: `_ ~ (2a) Despite subsections (l) and (2), where the Minister µhere has d l e authority to egated the authority of the Minister for the rantin of consents under section 52, the provisions of subsections 52g(2) go~sents to (9) and (15) to (22) apply, with necessary modifications and aeiegated - the provisions of subsections 52 (10) to (14) do not a l i pp y, n the exercise of that authority, 2. Subsection 5 (2) of the said Act is amended b1' striking " out and the provisions of subsections 52 (2) to (9) and (15) to (22) apply with necessary modifications in the exercise of that - authority" in the seventh, eighth and ninth lines. _ 3.-(1) Subsections 17 (14), (IS), (16) and (17) of the said Act are repealed and the following substituted therefor: ~ (l4) On a referral to the Municipal Board Hearin ~ the Board shall € , hold a hearing, of which notice shall be given to such persons th 11Ce ereof or bodies and in such manner as the Board ma d t i y e erm ne. r~-~ ~ . r. ,trt-=.,. (2) Subsection 17 (19) of the said A t i '~ ~ ~ c s amended by striking out '`adversely" in the fourth line and in the ninth line. -~ ~ -, ,.=, ;~ ~ r~ j++ ..; 4. Subsection 20 (1) of the said Act is repealed and th f l ' .~::r~ e o - lowing substituted therefor; (1) A certified copy of the official plan shall be lodged in Lodging of plan the office of the clerk of each municipality to which the plan , or any part of the plan, applies. 5. Subsection 21 (2} of the said Act is amended by striking " " _ .,. - . ;' .. out adversely in the second line. _. . . . I ,.,_,_ -~ ,-... _ ..-.. .- _ _._ . _._... t.. :.. - -, ~.:, , 2 yr n i:n, ,,,x.t.~ t 13 tqu ;;: t [ iu sr~r .~ 1ISyti ,e istt t'` ~h! ` ~ ~ I u h li . v 11 a I~. ~. k`~ , i ~ l i I ~ t .?.vL tfii r.!}t..i:Sf ri ~iK_•e F;:; t:t.:t L s~v~~nS i'::- "ti}~ti:li; .,. i~{ VaIId II}~ of . . ...... .. ::.....:: _ , _ ' by-laws conforming ., ~. - a -- . with .,.. . _ . - .,.. . °. ' . amendments . to plans _ Approval of 1\4inister ~ R.S.O. 1980, / c. 302 Bill Z~ij PLANNING ]98'] b. Subsection 22 (5) of the said Act is amended b1' striking out "adverselyy" in the fourth line and in the ninth line. 7. Subsection 23 (1) of the said Act is amended by striking out "adversely" in the third line. 8.-(1) Subsectiolr 24 (2) of the said Act is repealed and the following substituted therefor: (2) Where a council has adopted an amendment to an offi- cial plan, the council of any municipality to which the plan or any part of the plan applies may, before the Minister has approved the amendment, pass a by-law that does not con- form with the official plan but will conform therewith if the amendment is approved, and the by-law shall be conchlsively deemed to have conformed with the official plan on and frou~ the day it was passed if the Minister approves the amendment to the official plan. (2) Clause 24 (4) (b) of the said Act is repealed and the fol- lowing substituted therefor: (b) an appeal is taken and the appeal is dismissed or the by-law is amended by the Municipal Board or as directed by the Municipal Board. 9. Section 28 of the said Act is amended by adding thereto the following subsection: (7a) Where the council of the municipality proposes to exercise any power or authority under subsection (6) or (7) that would be prohibited under subsection ] l2 (1) of the Mwzicip~l Act, the Minister may approve the exercise of such power or authority in order that the exception provided for in subsection 112 (2) of the Municipa/ Act will apply, 10.-(1) Section 33 of the said Act is amended by adding thereto the following subsection: Registrati°° (7a) Notice of any condition imposed under subsection /7 :p9~}`.%slf ~~Ji~u uf~;J~?~i~;,~tt+~l+~~.~~ ~~F~~.`~e ~~?°F~{r of notice ma 1Je re 1S i l ) .,; t y g tered in the proper land registry office against the I ~•, ., land to which it applies. (2) Subsection 33 (10) of the said Act is repealed and the fol- lowing substituted therefor: Appucati°° (10) Where a condition has been imposed under subsection to council for - reset froin (7) and the holder of the demolition permit considers that it is ~OnaniOiiS I>f not possible to complete the new building within the time demolition permit specified in the permit or ~~~here the holder of the permit is of _ 1967 PLANNING Blll 208 3 , ~ - the opinion that the construction of the new building has become not feasible on economic or other grounds, he or she _ ~ may apply to the council of the municipality for relief fi-om °. the conditions on which the permit was issued, by sending - notice of application by registered mail to the clerk of the municipality not less than sixty days before the time specified • ~ in the permit for the completion of the new building and r a ~. -,~ ~-, ~ r ~, j~. f ~~~~~ {~N where the council under subsection (l l) extends the time for ' ~4r, ~.E~~>~~~ ,,,~~,~,i~,~ ut>fl.rixr.~.; ~ ~L r•~ `~' ' "~ " completion of the ne~~~ building, applicaiion~nay similarly be ; ,r~,3 ~ ~+_~~ ~ '~ ' ~ ' ~- 1r.}:rF L s x 5 ~'O ..r.. i hl.:i $ 'iµ_li made for relief by sending notice of application not less than sixty days before the expiry of the extended completion time. . ~• (l0a) Despite subsection (10), the council may, at any time, Extension extend the date specified in that subsection for the making of °r rime an application for relief from the conditions on which the per- - mit was issued. ' 11.-(1} Subsections 34 (12) and (13) of the said Act are repealed and the follo~i~ing substituted therefor: ~" (12) Before passing a by-law under this section, except a Inf°rn,ati°n p ublic by-law passed pursuant to an order of the Municipal Board m d t t made under subsection (11) or (27), the council shall ensure g " that sufficient information is made available to enable the _ public to understand generally the zoning proposal that is being considered by the council, and for this purpose shall _ _ ... . hold at least one public meeting, notice of which shall be given in the manner and to the persons prescribed. _ .: ~ ~ _ ~ (13) The meeting mentioned in subsection (l2) shall be Time for held not sooner than twenty days after the requirements for e cetmg' - the giving of notice have been complied with and shall be open to the public, and any person who attends the meeting shall be afforded an opportunity to make representation in j respect of the zoning proposal (2) Subsection 34 (IS) of the said Act is repealed and the _ ;,. ~ follo~~~ing substituted therefor: - .. r ,, .. ..-~. _- ~, ,, . i (15) The council shall forward to such boards, COn1m1S- Information its s u3 tt~ y+rr~, t _m_ u: ~~ 4~ R s,i'„~;r;?~-~!}-fi.,~,~~-11~r~.,~4s.~,,,`t,~_t,",~~~' r Slons to agencies, ~ ,authorities or other agencies as the council considers , y 1 ~ ~ i!'! lri2f Ott' ^ , ns, t ; r{Ft `` e ~. may have an interest in the zoning proposal sufficient informa_ it ` '~~~' tion to enable them to understand it generally and such . information shall be forwarded not less than twenty days . before passing a by-law implementing the proposal (15a) Where a board, commission, authority or other Extension agency receives information under subsection (l5), such of time for submission - board, commission, authority or agency may in writing notify °r ~~nnmciu-: - - ._ , _ the clerk of the municipality at any time before the expiry of ~~ i ... ._ . .._ - - .. ;- _ - _ 4 t., J l} N (.. j+ tY 1 (t t yS t iStt t•1 ~. ~!1 £ t ~ , , t t S t µ S } W` ~~ d +ti"t,~ Vii! ry~~l ~ 1 ' ~, t ll( i! j .~t ~i ! ~i`hL' I ~ I ' ' ' ' . V i4 . k K ~ t 1~ Notice of passing of by-law ~ _. ,. __ _ Appeal to O.M.B. whe^ giving of notice deemed completed ~~. 8111 2l]8 PLANNING 1987 the twenty-day period mentioned in subsection (l5) that a fur- ther period of time is required to submit comments in respect of the zoning proposal and where notice is so given, a by-law implementing the proposal may not be passed until either the comments have been received by the council or thirty days have elapsed from the date that the information was for- warded under subsection (IS), whichever first occurs. (3) Subsections 34 (17) and (18) of the said Act are repealed and the follo~i~ing substituted therefor; (17) Where the council passes a by-law under this section, e~tcept a by-law passed pursuant to an order of the Municipal Board made under subsection (I1) or (27), the clerk of the municipality shall give written notice of the passing of the by- law in the manner and in the form and to the persons and agencies prescribed and the notice shall specify the last day for filing a notice of appeal under subsection (18). (18) Any person, including the Minister or agency, may, not later than the twentieth day after the day that the giving of written notice as required by subsection (17) is completed, appeal to the Municipal Board by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. (l8a) For the purposes of subsection (]8), the giving of written notice shall be deemed to be completed, (a) where notice is given b}t publication in a newspaper, on the day that such publication occurs; (b) where notice is given by personal service, on the day that the serving of all required notices is com- pleted; and (c) where notice is given by mail, on the day that the mailing of all required notices is completed, ~`;1~;";tti~~u:~~x."~~n~=~~~;;~i}#`•!!ii,~=$`r~~~~i;:; (4) Subsections 34 (22~, (23), (24) and (25) of the said Act `~'tt ~t °"'~` ~" '`` are repealed and the follo~i~ing substituted therefor: ,..., ... .t,. -.t.. .a. ,~ s-; xesi~ing and (22) On an appeal to the Municipal Board, the Board shall notice [thereof hold a hearing of which notice shall be given to such persons or bodies and in such manner as the Board may determine. ... .. . ....:..... . , , . ,.,._. - 19~~ PLANNING Blll 2~g 5 '" 12. Subsection 35 (2) of the said Act is repealed and the - following substituted therefor: "*ir ~ j ~~ti,srr,3',ilttji S _j +{ ~i ~~tY rt r .~ !'i,,rra' 3 ,ire, a.' o ~ ~ a `#'tt{ uF i4 {-s t~ ' E fi ~ ~.j; ~`a+`4 ~x to ~'i ~ 3 ~;-i~''j~* . - ~ , (2) A by-law shall not contain the provisions mentioned in Condition subsection (l) unless there is an official plan in effect in the local municipality that contains provisions relating to the use of the holding symbol mentioned in subsection (l). 13. Subsection 36 (2) of the said Act ~s repealed and the following substituted therefor: - - -- - (2) A by-law shall not contain the provisions mentioned in conaidon subsection (l) unless there is an official plan in effect in the local municipality that contains provisions relating to the authorization of increases in height and density of develop- ment. 14. Clause 40 (8) (a) of the said Act is amended by adding thereto the following paragraph: 4. Where the land abuts a highway under the jurisdic- tion of the county or regional, metropolitan or dis- trict municipality, grading or alteration in elevation or contour of the land in relation to the elevation of the highway and provision for the disposal of storm and surface water from the land. I5. Subsection 41 (4) of the said Act is repealed and the following substituted therefor: (4) The alternative requirement authorized by subsection Official (3) may not be provided for in a by-law passed under this sec- p~~U1femen, tion unless there is an official plan in effect in the local munic- ipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. 16.-(1) Subsection 44 (10) of the said Act is amended by striking out "by mail" in the second line. (2) Subsection 44 (12) of the said Act is amended by striking out "serving personally on or sending by registered mail to" in the fourth and fifth lines and inserting in lieu thereof "filing with". (3) Subsection 44 (13) of the said Act is amended b~~ striking out "served or sent to him" in the second line and inserting in lieu thereof "61ed". • _ _ 6 Bi11208 PLANNING 1987 :, ,h. , 17. Subsection 46 (15) of the said Act is amended by strik- iug out "adversely" in the fourth line. 18. Subsection 49 (1) of the said Act is amended by striking out "section 52 to the Minister or to a council, as the case may . be, includes a delegate thereof as provided for in sections 4, 5 and 53" in the twenty-ninth, thirtieth and thirty-first lines and ,.u,, t ~ ti,~ ,~r,,,;,~ ~,tt~ ;,., f 1., inserting in lieu thereof "subsections 52 (1), (2), (17}, (18) r Nr~ a~t,I~~,d„ I~>,I ,',;r r,,~~, . ,au2~' '~. , (19), (21) and (22) to the Minister includes a delegate of the { +h'! _'~}~~~; ` ,; ;~1~~,~~.~t 5, ~~;~~`~~.~s ='~j~~'=1 . ~~ Minister, as provided for in sections 4 and 54 and a reference . , ~ , , 4 . . t~,„ ~ • , herein and in section 52 to a council includes a delegate of a , .:. council, as pro~~ided for in sections 5 and 53". • . • , 19.-(1) Subsection 52 (7) of the said Act is amended be' inserting after "sent" in the second line "either as required under subsection (5) or otherwise, including notice sent in accordance with a condition of delegation of the authorit t y o grant consents". - (2) Subsection 52 (20) of the said Act is amended by adding _.. at the end thereof "but where there is an appeal under subsec- lion (7) or (8), or a referral under subsection. (13) or (14), the application for consent shall not be deemed to be refused for failure to fulfill the conditions until the expiry of a period of one year from the date of the order of the Municipal Board issued in respect of the appeal or referral". - 20. Subsection 56 (1) of the said Act is repealed and the following substituted therefor: Efrect or (]) The Minister ma b order in res ect of land described contra-entio Y Y p - . n of ,. ay, etc. in the order provide that the contravention of section 49 or a predecessor thereof or of a by-law passed under a predecessor ~ of section 49 or of an order made under clause 27 (1) (b), as it . ~ ~ existed on the 25th day of June, 1970, of The Planning Act , being chapter 296 of the Revised Statutes of Ontario, 1960, or - ~ .-- a predecessor thereof does not have and shall be deemed _, i , ~ t; ~ ; never to have had the effect of preventing the conveyance of r. _ -` _ _ or creation of any interest in such land, provided that the order does not affect the rights acquired by any person from a :.~r;~1s;rt~=tll;;uF;:~t;~,~t.{;I;;~r~#~;j,;~,;,rr;;;;~~t,; ~ ' ~ " `~ ~ ' f # judgment or order of any court, given or made on or before h d n} s ;; N,, , ,,! ; r ~ :: 3i t e ay on which the order is made by the Minister, . ' 21. Subsections 68 (1) and (2) of the said Act are repealed and the following substituted therefor: Tariff (]) The council of a municipality, by by-law, and a planning of fees board, by resolution, may prescribe a tariff of fees for the processing of applications made in respect of planning mat- - ~- tors, which tariff shall be designed to meet only the antici- f Y't, lNJP7~ ti ,}~; tlr iS~j ^'•tj N f) + 4 }} f f,f , r .~ ~t rf1 -ar ~ + ,, # is 2 ~ : ,~ +--~ ~ h > +'r+ t ">z~}yrj~' ~~} (h Etta t. . hT3} ~,rtf~- ~ t. ~±It }tflt{~}t*4[ ~.`-~`.Eh i1 ,.,~,~ u . .:l~,r r~.:~i ,r... ~,:+: ~~K~,: f f - .. l ... yn.^.rrrtt Put;:'ftk:j;S~Hi. P?~ iltz`~t,°~IIijS'F~?~t(~1~ rlt++}fttl t t ;~ }~}~~r Jig ?~'' 1 t-; r -K r,?t' , ,,r - - 1987 PLANNING sill 2os 7 pated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff. (2) Notwithstanding that a tariff of fees is prescribed under ReaucNon subsection (1), the council of a municipality, a planning of fees er board, a committee of adjustment or a land_ division comtnit- tee in processing an application may reduce the amount of or waive the requirement for' the payment of a fee in respect of the application where the council, planning board or commit- tee is satisfied that it would be unreasonable to require pay- ment in accordance with the tariff. 22. Clause 69 (d) of the said Act is repealed. 23.-(1) This Act, except sections 1, 2 and 11, comes into eom~nence- force on the day it receives Royal Assent. ment (2) Sections 1, 2 and 11 come into force on the 1st day of Iaem May, 1987. 24. The short title of this Act is the Planiri~rg Ameirdmerrt sno~~ tine Act, 1987. .. _ ___