Places to Grow Act, 2005

The Government of Ontario recognizes that in order to accommodate future population growth, support economic prosperity and achieve a high quality of life for all Ontarians, planning must occur in a rational and strategic way. The Government of Ontario recognizes that building complete and strong communities, making efficient use of existing infrastructure and preserving natural and agricultural resources will contribute to maximizing the benefits, and minimizing the costs, of growth. The Government of Ontario recognizes that identifying where and how growth should occur will support improved global competitiveness, sustain the natural environment and provide clarity for the purpose of determining priority of infrastructure investments. The Government of Ontario recognizes that an integrated and co-ordinated approach to making decisions about growth across all levels of government will c…

1 The purposes of the Act are, (a) to enable decisions about growth to be made in ways that sustain a robust economy, build strong communities and promote a healthy environment and a culture of conservation; (b) to promote a rational and balanced approach to decisions about growth that builds on community priorities, strengths and opportunities and makes efficient use of infrastructure; (c) to enable planning for growth in a manner that reflects a broad geographical perspective and is integrated across natural and municipal boundaries; (d) to ensure that a long-term vision and long-term goals guide decision-making about growth and provide for the co-ordination of growth policies among all levels of government. 2005, c. 13, s. 1.

2 In this Act, “area of settlement” means an area of land designated in an official plan for urban uses, including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed; (“zone de peuplement”) “growth plan” means a plan approved by the Lieutenant Governor in Council as a growth plan under subsection 7 (6); (“plan de croissance”) “growth plan area” means an area of land designated by the Lieutenant Governor in Council as a growth plan area under clause 3 (a); (“zone de croissance planifiée”) “Minister” means the Minister of Infrastructure or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “municipal planning authority” means a municipal planning authority establish…

3 The Lieutenant Governor in Council may, by regulation, (a) designate an area of land as a growth plan area; and (b) amend or revoke a designation made under clause (a). 2005, c. 13, s. 3.

4 The Minister shall prepare a proposed growth plan for all or part of an area designated under clause 3 (a). 2005, c. 13, s. 4.

5 The Minister may appoint one or more persons and establish one or more advisory committees, consisting of such persons as the Minister appoints, to, (a) carry out such consultations as the Minister directs; (b) advise and make recommendations to the Minister in respect of, (i) the preparation and implementation of growth plans, amendments to growth plans and revisions of growth plans, and (ii) facilitating the resolution of issues arising out of the implementation of growth plans, amendments to growth plans and revisions of growth plans; and (c) perform such other functions as the Minister directs. 2005, c. 13, s. 5.

6 A growth plan may contain, (a) population projections and allocations; (b) an assessment and identification of priority growth areas, emerging growth areas and future growth areas, over specified time periods; (c) growth strategies for all or part of the growth plan area; (d) policies, goals and criteria in relation to, (i) intensification and density, (ii) land supply for residential, employment and other uses, (iii) expansions and amendments to the boundaries of areas of settlement, (iv) the location of industry and commerce, (v) the protection of sensitive and significant lands, including agricultural lands, and water resources, (vi) non-renewable resources, (vii) the conservation of energy, (viii) infrastructure development and the location of infrastructure and institutions, (ix) transportation planning, (x) municipal waste management planning, (xi) the co-ordination of planning a…

7 (1) When a proposed growth plan has been prepared, the Minister shall ensure that, (a) notice is given informing the public of the proposed plan, indicating where a copy of the proposed plan together with such information relevant to the proposed plan as the Minister considers advisable can be examined and inviting written submissions on the proposed plan within such period of time as is specified by the Minister; (b) each municipality, municipal planning authority and planning board having jurisdiction in the area which is the subject of the proposed plan or having jurisdiction in a planning area which abuts that area is consulted with respect to the contents of the proposed plan and is invited to make written submissions within such period of time as is specified by the Minister; and (c) notice of the proposed growth plan, in a form approved by the Minister and containing such inform…

8 (1) A copy of a growth plan and of every amendment to it, certified by the Minister, shall be filed in the offices of the Ministry of Infrastructure, in the offices of the Ministry of Municipal Affairs and Housing, with the clerk of each municipality and with the secretary-treasurer of each municipal planning authority and planning board having jurisdiction in the area covered by the plan or the amendment, as the case may be, and in such other locations that the Minister considers appropriate. 2005, c. 13, s. 8 (1); 2012, c. 8, Sched. 46, s. 2. Lodging of plan (2) If the area covered by the growth plan is in territory without municipal organization, a copy of the plan and of every amendment to it, certified by the Minister, shall be lodged in the proper land registry office. 2005, c. 13, s. 8 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 46, s. 2 - 20/06/2012

9 (1) The Minister shall ensure that a review of each growth plan is carried out at least every 10 years after the date the plan comes into force to determine whether the plan should be revised. 2005, c. 13, s. 9 (1). Consultation and public participation (2) During a review under subsection (1), the Minister shall, (a) consult with any ministries or other public bodies that, in the opinion of the Minister, could be affected by the review; (b) consult with the council of each municipality or with each municipal planning authority and with each planning board that has jurisdiction in the growth plan area to which the growth plan applies; and (c) ensure that the public is given an opportunity to participate in the review. 2005, c. 13, s. 9 (2).

10 (1) An amendment to a growth plan shall be made in accordance with this section. 2005, c. 13, s. 10 (1). Proposed amendment (2) If the Minister considers it necessary, the Minister may prepare and propose an amendment to the plan. 2005, c. 13, s. 10 (2). Notice re proposed amendment (3) When an amendment to a plan is proposed under subsection (2), the Minister shall ensure that each municipality, municipal planning authority and planning board with jurisdiction in the area to which the amendment would apply and any other prescribed person, public body or other body, (a) is given notice of the proposal in the prescribed manner; and (b) is invited to make written submissions on the amendment within the period of time specified by the Minister. 2005, c. 13, s. 10 (3). Process (4) Subsections 7 (2) to (6) apply with necessary modifications to a proposed amendment to a growth plan as if th…

11 (1) On being appointed under subsection 7 (3), the hearing officer shall, (a) fix the time and place for the hearing; and (b) require that notice, as specified by the hearing officer, be given to the prescribed persons, public bodies and other bodies in the prescribed manner. 2005, c. 13, s. 11 (1). Rules of procedure (2) The hearing officer may make rules of procedure for the hearing. 2005, c. 13, s. 11 (2). Protection from personal liability (3) The hearing officer is not personally liable for anything done by him or her in good faith in the execution of his or her duty under this Act or for any neglect or default in the execution in good faith of his or her duty. 2005, c. 13, s. 11 (3). Recommendations (4) Upon the conclusion of the hearing, the hearing officer shall prepare written recommendations, with reasons, recommending what action the Minister should take with respect to the…

12 (1) The council of a municipality or a municipal planning authority that has jurisdiction in an area to which a growth plan applies shall amend its official plan to conform with the growth plan. 2005, c. 13, s. 12 (1). Deadline for amendments (2) The council or municipal planning authority shall make any amendments required by subsection (1) before the third anniversary of the date on which the growth plan comes into effect. 2005, c. 13, s. 12 (2). Same (3) Despite subsection (2), if the Minister directs the council or municipal planning authority to make the amendments required by subsection (1) on or before a different date, the council or municipal planning authority shall do so. 2005, c. 13, s. 12 (3).

13 (1) If, in the Minister’s opinion, the official plan of a municipality or a municipal planning authority does not conform with a growth plan or if a municipality or a municipal planning authority has not adopted an amendment to its official plan to bring the official plan into conformity with a growth plan by the date specified in a direction under subsection 12 (3), the Minister may, (a) advise the municipality or municipal planning authority of the particulars of the non-conformity; and (b) invite the municipality or municipal planning authority to submit, within a specified time, proposals for the resolution of the non-conformity. 2005, c. 13, s. 13 (1). Joint order (2) The Minister jointly with the Minister of Municipal Affairs and Housing may, by order, amend the official plan to resolve the non-conformity, (a) if the council or municipal planning authority fails to submit propos…

14 (1) A decision under the Planning Act or the Condominium Act, 1998 or under such other Act or provision of an Act as may be prescribed, made by a municipal council, municipal planning authority, planning board, other local board, conservation authority, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, or made by such other persons or bodies as may be prescribed that relates to a growth plan area shall conform with a growth plan that applies to that growth plan area. 2005, c. 13, s. 14 (1); 2021, c. 4, Sched. 6, s. 79. Conflicts re: official plans, by-laws (2) Despite any other Act, a growth plan prevails in the case of conflict between the growth plan and, (a) an official plan; (b) a zoning by-law; or (c) subject to subsection (4), a policy statement issued under section 3 of the Planning Act. 2005, c. 13…

15 (1) No cause of action arises as a direct or indirect result of, (a) the enactment or repeal of any provision of this Act; (b) the making or revocation of any provision of the regulations made under this Act; or (c) anything done or not done in accordance with this Act or the regulations made under it. 2005, c. 13, s. 15 (1). No remedy (2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in clause (1) (a), (b) or (c). 2005, c. 13, s. 15 (2). Proceedings barred (3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against any p…

16 The Minister may delegate in writing any of his or her powers or duties under this Act to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006. 2005, c. 13, s. 16; 2006, c. 35, Sched. C, s. 110. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 110 - 20/08/2007

17 (1) The Statutory Powers Procedure Act does not apply to anything done under this Act. 2005, c. 13, s. 17 (1). (2) Repealed: 2020, c. 18, Sched. 6, s. 61. Not a regulation (3) A growth plan, an order made under subsection 7 (7), 10 (5) or 13 (2) and a direction made under subsection 12 (2) are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2005, c. 13, s. 17 (3); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2020, c. 18, Sched. 6, s. 61 - 22/02/2024

18 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing persons, bodies, Acts, provisions of Acts, plans, policies and provisions of plans and policies for the purposes of subsection 14 (1) and clauses 14 (5) (e) and (f); (b) governing and clarifying the application of subsection 14 (4), including determining when a conflict exists for the purpose of that subsection and determining the nature of the conflict; (c) dealing with any problems or issues arising as a result of the application of subsection 14 (4); (d) resolving conflicts between the provisions of a growth plan and the plans, policies and provisions mentioned in subsection 14 (5), including determining which provisions of any plan or policy prevail or how the plans or policies must be modified to resolve the conflict even if the conflict does not involve issues relating to the natural environment or huma…

19 (1) The Minister may make regulations, (a) modifying or replacing all or any part of the definition of “area of settlement” in section 2; (b) prescribing the manner in which a notice is to be given for the purpose of clauses 10 (3) (a) and 11 (1) (b) and the persons, public bodies and other bodies to whom notice shall be given under subsection 10 (3) and clause 11 (1) (b); (c) prescribing anything that is referred to in this Act as being prescribed, other than those matters with respect to which the Lieutenant Governor in Council is authorized by section 3 or subsection 18 (1) to make regulations; (d) providing for transitional matters which, in the opinion of the Minister, are necessary or desirable to facilitate the implementation of this Act, a provision of this Act or a growth plan. 2005, c. 13, s. 19 (1). Same (2) Without limiting clause (1) (d), a regulation under that clause ma…

20 In the event of a conflict between this Act and any other Act, this Act prevails. 2005, c. 13, s. 20.

21 Omitted (provides for coming into force of provisions of this Act). 2005, c. 13, s. 21.

22 Omitted (enacts short title of this Act). 2005, c. 13, s. 22. ______________