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Home My WebLink AboutPD-182-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:REG—ACT.GPA REPORT Meeting: General Purpose and Administration Committee File# D08.2o08. Dui.. Date: Monday, July 22, 1991 Res. # By-Law# Report#: PD-182-91 File #: Pln 1 . 1 Subject: CHANGES TO THE REGION OF DURHAM ACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-182-91 be received for information. 1. The Regional Municipality of Durham Act has been amended by the deletion of Sections 68 and 69 . These sections are as follows: 1168 . All official plans in effect in any part of the Regional Area, on an after the lst day of January, 1974, remain in effect as official plans but shall be amended forthwith to conform with the official plan adopted by the Regional Council and approved by the Minister. 69 . ( 1) Every council of an area municipality shall, at the request of the Regional Council, prepare a plan for the area municipality and forward it to the Regional Council . (2) The Regional Council shall, in respect of plans submitted to it under subsection ( 1) , (a) adopt the plan as submitted, with or without amendment by the Regional Council, and forward it to the Minister of Municipal Affairs and Housing for approval as an official plan; or (b) reject the plan. " J0 PaE`�° Env°t TMis arvnren on ee 1—anam REPORT NO. : PD-182-91 PAGE 2 The deletion of these sections now requires that local Councils adopt amendments to the local official plan directly by by-law and forward to the Minister of Municipal Affairs for approval . Such amendments must be in conformity with the Durham Region Official Plan. As a result, local official plan amendment applications that have not been dealt with by Regional Council prior to June 27, 1991 will have to be adopted by by-law by the area municipalities for approval. 2 . This amendment to the Act was not foreseen and there was no consultation regarding this change. Regional planning staff were recently informed of the change and notified Town staff on July 9, 1991. As a result, it will take staff some time to work out the appropriate procedures with Ministry and Regional staff. This will require, among other things, consideration of: (a) application form and application fee; (b) revisions to procedures for processing official plan amendment applications; (c) development of a model by-law; and (d) review of all existing files . 3 . The following applications have been recommended for approval but not approved by the Region and thus are affected by this change: OPA 89-069/N United County Holdings OPA 90-059/N Town of Newcastle Orono Secondary Plan OPA 90-068/D/N James Moffat OPA 90-089/N Town of Newcastle Amendments to Courtice Neighbourhood 1 �� 9 7 REPORT NO. : PD-182-91 PAGE 3 Staff will bring forward reports dealing with all affected applications as soon as possible. The only outstanding amendment to the Town of Newcastle Official Plan which was recommended for denial is Participation House. It is scheduled to be heard by the Ontario Municipal Board shortly. 4 . All amendments to the Durham Regional Official Plan which have been recommended for approval or denial are unaffected by the change in the legislation. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrence Kotseff Director of Planning Chief A i . strative and Development Officer l:' *Attach 15 July 1991 JUL-08-1991 16:07 FRU•i LCUHL- iiUiv. ru riiro u _ -- ------- 1991. LOIS CONCEMANT DB MUNICIPAt,.1TO Pr. de lot 122 5 (2) Subsection 98 (28) of the Act is (2) 1.e paragraphe 98 (2S) de In Lot est i - amended by striking out 41Two members of inod!M par substitution, it *Two members of the slaking fund committee are" in the first the sinking fund committee are*h to premlOe line and substituting "A majority of the memn linee, de «A majority of the members of the hers of the sluicing fund committee Is". sinking fund committee is». 26. Subsection 117 (1) of the Act, as re- 26 Le paragraphe 117 (1) de In 1,91, W enacted by the Statutes of Ontario, 1983, quit est ndop%de nouveau par t'artieie 6 du chapter 66, section 6 and amended by 1988, chapitre 66 des Lois de 1'Ontario de 1983 et chapter 31, section 20, is further amended by modifM par Particle 20 du chapitre 31 des striking out 1199" in tlx•second line and by Lois de I'Ontarlo de 1988,est modifM de nou- ` inserting after "109" in the second line veau par suppression de «99» h to deuxibme linee et par insertion, apr6s 409» h la ' deux4me ligae,de«112». RRGIONAL.MMCIPALM OF AilR Ant ACT WX SUA LA MUNICIPALYr6:RgGIQNALE Al: bUR RAM 27. Subsection 15 (3) of the Regional 27 Le parag.aphe 15 (3) de Is 191 intitul6e Municipality of Durham Ad is repealed. Regional Mueicip 4 of Durham Act(«Loi sur . la murtidpalW.rlgionale de Drtrham*) est i abrog6. , 28. Subseetrork M(1)of the Act is repealed• 28 Le paragraphe 24 (1) de In Lei est and the following substituted: abrogo et remplao6 par ce qui suit Appot++tment (1) The Regional Council shall'by by-law appoint for a term of of auduon five years or less one or more auditors licensed under the Public Accountancy Ace who shalt audit the accounts and transactions of the Regional Corporation and of every local board of the Regional Corporation,except school boards. 29.--(1) Subsection 50 (1) of the Act is 29 (1) Le paragraphe 50 (1)de la Lot est amended by adding at the end•"or personal modiffe par adjonction de *or personal ser- . service". vice h In fin. (2) Subsection 50 (2) of the Act is amended (2) Le paragraphe 50 (2) de la Loi est by inserting after"mail» in the third lice"or modlfl6 par Insertion, apRA *mail» h La tml- personal service". sl6mo lignel de*or personal service*. 30. Sections 68 and 69 of the Act, as re- 30 Les articles 68 et 69 de to Lot, to s enacted by the Statutes of Ontario, 1983, qu'lls stint adopt6s de nouveau par[`article 10 chapter 5,section 10,are repeated. du chapitre 5 des Lots de 1'Ontario de 1983, . stint abro 6s. 31. Section 106 of the AM is amended by 31 L'ar•ticle 106 de In Lot cst modifi.6 par adding the following subsection: adjondlon du paragraphe suivant Borrowing (2) Subsection 149(2)of the Munlcippl Act applies with nece3- apprwat sary modificativns to the Regional Corporation. 32.---(1) Subsection 1110 (24) of the Act is 32 (1) Le paragraphe 110 (24) de la Lot c amended by striking out "two members est modifi6 par substitution, d «two members ; appointed by the Regional Council, and the appointed by the Regional Council. and the two" In the third and fourth lines and substi- two* aux troisMme et quatrleroe lignes, de toting!'such other members appointed by the . .such other members appointed by the Regio- ' Regional Council as It considers appropriate not Council as it considers appropriate and and the", they.. • (2) Subsection 110 (28) of the Act ,is (2) Le paragraphe 110 (28) de to Lot est amended by striking out "Two tuembers of Moditie par substitution, h ATWQ members of the sinking fond committee are" in the first the sinking fund committee are* h to premit're tine and substituting"A majority of the mem- ligrte, de'«A majority of the members of the bers of the sinking fund committee is". sinking fund committee is*. 33. Subsection 129 (1) of the Act, as re- 33 Le paragraphe 129 (1) de In Lvt, tel enacted by the Statutes of Ontario, 1983, qu1I est adopt[;de nouveau par Particle 5 du chapter 72, section S and amended by 1981, chapitre 72 des Lois de I'Qntarfe de 1983 et chapter 22, section 1 and 1988, chapter 31, rnod!(16 par['article 1 du chapttrc 22 des Lois section 21, is further Amended by striking out de ['Ontario de 1987 et par Particle 21 du in the second line. chapitre 31 des Lois de['Ontario de 1988,tst i • i � n9 P 1