Planning Act

1 (1) In this Act, “area of employment” means an area of land designated in an official plan for clusters of business and economic uses, those being uses that meet the following criteria: 1. The uses consist of business and economic uses, other than uses referred to in paragraph 2, including any of the following: i. Manufacturing uses. ii. Uses related to research and development in connection with manufacturing anything. iii. Warehousing uses, including uses related to the movement of goods. iv. Retail uses and office uses that are associated with uses mentioned in subparagraphs i to iii. v. Facilities that are ancillary to the uses mentioned in subparagraphs i to iv. vi. Any other prescribed business and economic uses. 2. The uses are not any of the following uses: i. Institutional uses. ii. Commercial uses, including retail and office uses not referred to in subparagraph 1 iv; (“zone …

1.0.1 Information and material that is required to be provided to a municipality or approval authority under this Act shall be made available to the public. 2006, c. 23, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 23, s. 2 - 01/01/2007

1.1 The purposes of this Act are, (a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act; (b) to provide for a land use planning system led by provincial policy; (c) to integrate matters of provincial interest in provincial and municipal planning decisions; (d) to provide for planning processes that are fair by making them open, accessible, timely and efficient; (e) to encourage co-operation and co-ordination among various interests; (f) to recognize the decision-making authority and accountability of municipal councils in planning. 1994, c. 23, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 4 - 28/03/1995 Not-for-Profit Corporations Act, 2010

1.2 The Not-for-Profit Corporations Act, 2010 does not apply to a body corporate established under this Act. 2017, c. 20, Sched. 8, s. 119. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 119 - 19/10/2021

PART I PROVINCIAL ADMINISTRATION

2 The Minister, the council of a municipality, a local board, a planning board and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interest such as, (a) the protection of ecological systems, including natural areas, features and functions; (b) the protection of the agricultural resources of the Province; (c) the conservation and management of natural resources and the mineral resource base; (d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; (e) the supply, efficient use and conservation of energy and water; (f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; (g) the minimization of waste; (h) the orderly development of safe and healthy communities; (…

2.1 (1) When an approval authority or the Tribunal makes a decision under this Act that relates to a planning matter, it shall have regard to, (a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and (b) any information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (1); 2019, c. 9, Sched. 12, s. 1 (1). Same, Tribunal (2) When the Tribunal makes a decision under this Act that relates to a planning matter that is appealed because of the failure of a municipal council or approval authority to make a decision, the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter. 2019, c. 9, Sched. 12, s. 1 (2). …

3 (1) The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. R.S.O. 1990, c. P.13, s. 3 (1). Approval of Minister, etc. (1.1) A policy statement may require an approval or determination by the Minister, any other minister of the Crown or multiple ministers of the Crown for any of the matters provided for in the policy statement. 2017, c. 23, Sched. 3, s. 3. Minister to confer (2) Before issuing a policy statement, the Minister shall confer with such persons or public bodies that the Minister considers have an interest in the proposed statement. 1994, c. 23, s. 6 (1). Notice (3) If a policy statement is issued under subsection (1), the Minister shall cause …

4 (1) The Minister, on the request of the council of any municipality, may, by order, delegate to the council any of the Minister’s authority under this Act, other than the authority to approve or the authority to exempt from approval the official plan or amendments to the official plan of the municipality of which it is the council and, where the Minister has delegated any such authority, the council has, in lieu of the Minister, all the powers and rights of the Minister in respect thereof and the council shall be responsible for all matters pertaining thereto. R.S.O. 1990, c. P.13, s. 4 (1); 1996, c. 4, s. 4 (1); 1999, c. 12, Sched. M, s. 21; 2006, c. 23, s. 6; 2015, c. 26, s. 15 (1). Same (2) The Minister, on the request of the planning board of any planning area in a territorial district, may, by order, delegate to the planning board any of the Minister’s authority under this Act, ot…

5 (1) Where the Minister has delegated any authority to a council under section 4, such council may, in turn, by by-law, and subject to such conditions as may have been imposed by the Minister, delegate any of such authority, other than the authority to approve official plans or the authority to exempt from approval plans as official plans or amendments to official plans, to a committee of council or to an appointed officer identified in the by-law either by name or position occupied and such committee or officer, as the case may be, has, in lieu of the Minister, all the powers and rights of the Minister in respect of such delegated authority and shall be responsible for all matters pertaining thereto including the referral of any matter to the Tribunal. R.S.O. 1990, c. P.13, s. 5 (1); 1996, c. 4, s. 5 (1); 2017, c. 23, Sched. 5, s. 83. Limitation (2) Despite subsection (1), a council ma…

6 (1) In this section, “ministry” means any ministry or secretariat of the Government of Ontario and includes a board, commission or agency of the Government. R.S.O. 1990, c. P.13, s. 6 (1); 1998, c. 15, Sched. E, s. 27 (3). Planning policies (2) A ministry, before carrying out or authorizing any undertaking that the ministry considers will directly affect any municipality, shall consult with, and have regard for, the established planning policies of the municipality. R.S.O. 1990, c. P.13, s. 6 (2). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 27 (3) - 01/04/1999

7 The Minister may, out of the money appropriated therefor by the Legislature, make grants of money to assist in the performing of any duty or function of a planning nature. R.S.O. 1990, c. P.13, s. 7.

PART II LOCAL PLANNING ADMINISTRATION Planning advisory committee

8 (1) The council of every upper-tier municipality with planning responsibilities and the council of every single-tier municipality that is not in a territorial district, except the council of the Township of Pelee, shall appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16; 2022, c. 21, Sched. 9, s. 2 (1). Optional for other municipalities (2) The council of a lower-tier municipality, the council of an upper-tier municipality without planning responsibilities, the council of a single-tier municipality that is in a territorial district or the council of the Township of Pelee may appoint a planning advisory committee in accordance with this section. 2015, c. 26, s. 16; 2022, c. 21, Sched. 9, s. 2 (2). Joint planning by agreement (3) The councils of two or more municipalities described in subsection (2) may enter into an agreement to provide for the joi…

8.1 (1) If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5). 2006, c. 23, s. 7. Local and upper-tier municipalities (2) For greater certainty, this section applies to both local and upper-tier municipalities. 2006, c. 23, s. 7. Term and qualifications (3) A person who is appointed to the local appeal body, (a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and (b) shall have the prescribed qualifications, if any. 2006, c. 23, s. 7. Eligibility criteria (4) In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria. 2006, c. 23, s. 7. Restriction (5) The council shall n…

9 (1) The Minister may define and name a planning area consisting of the whole of two or more municipalities that are situate in a territorial district or consisting of the whole of one or more municipalities and territory without municipal organization. Planning board for planning area (2) Where a planning area is defined under subsection (1), the Minister shall establish the planning board for the planning area and specify the name of the board and the number of members to be appointed to it by the council of each municipality within the planning area and the number of members, if any, to be appointed by the Minister. Appointments to board (3) The council of each municipality shall appoint to the planning board the number of members specified by the Minister under subsection (2) and, after the initial appointments, the appointments shall be made by each successive council as soon as pr…

10 The Minister may define and name a planning area consisting of territory without municipal organization and may establish and name a planning board for the planning area and appoint the members thereof. R.S.O. 1990, c. P.13, s. 10.

11 (1) A planning board is a body corporate and a majority of its members constitutes a quorum. Chair (2) A planning board shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. Secretary-treasurer, employees, consultants (3) A planning board shall appoint a secretary-treasurer, who may be a member of the board, and may engage such employees and consultants as are considered appropriate. Execution of documents (4) The execution of documents by a planning board shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer, and the corporate seal of the board. R.S.O. 1990, c. P.13, s. 11.

12 (1) A planning board established by the Minister for a planning area consisting of one municipality and territory without municipal organization shall submit annually to the council of the municipality an estimate of its financial requirements for the year and the council may amend such estimate and shall pay to the secretary-treasurer of the planning board out of the money appropriated for the planning board such amounts as may be requisitioned from time to time. R.S.O. 1990, c. P.13, s. 12 (1). Two or more municipalities (2) In the case of a planning board established for a planning area consisting of two or more municipalities or consisting of two or more municipalities and territory without municipal organization, the planning board shall annually submit its estimates to the council of each of such municipalities together with a statement as to the proportion thereof to be chargea…

13 Any municipality within a planning area may make grants of money to the planning board of the planning area. R.S.O. 1990, c. P.13, s. 13.

14 (1) A planning board shall provide advice and assistance in respect of such planning matters affecting the planning area as are referred to the board, (a) by the councils to which the board submits its estimates under section 12, or by any of such councils; or (b) by the Minister, in the case of a planning board appointed for a planning area consisting solely or partially of territory without municipal organization. Preparation of official plan (2) A planning board shall prepare a plan suitable for adoption as the official plan of the planning area, or at the request of any of the councils mentioned in subsection (1), prepare a plan suitable for adoption as the official plan of the municipality of which it is the council. R.S.O. 1990, c. P.13, s. 14.

14.1 (1) The councils of two or more local municipalities that are within one or more counties whether or not they form part of a county for municipal purposes may by by-law define a municipal planning area, establish a municipal planning authority for the area and specify the name of the authority. Approval of by-law (2) The council of a municipality shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Body corporate (3) A municipal planning authority is a body corporate. Composition (4) All the members of a municipal planning authority shall be members of council. Number of members (5) The council of each local municipality shall appoint to the municipal planning authority the number of members prescribed and, after the initial appointments, the appointments shall be made by each su…

14.2 (1) Each member of a municipal planning authority is entitled to one vote. 1994, c. 23, s. 8. Quorum (2) A majority of the members of a municipal planning authority constitutes a quorum. 1994, c. 23, s. 8. Chair (3) A municipal planning authority shall annually elect a chair and a vice-chair who shall preside in the absence of the chair. 1994, c. 23, s. 8. Secretary-treasurer (4) A municipal planning authority shall appoint a secretary-treasurer who may be a member of the authority. 1994, c. 23, s. 8. Documents (5) The execution of documents by a municipal planning authority shall be evidenced by the signatures of the chair or the vice-chair and of the secretary-treasurer and the corporate seal of the authority. 1994, c. 23, s. 8. Records, inspection (6) The secretary-treasurer shall keep on file minutes and records of all applications and the decisions on them and of all other busi…

14.3 (1) On or before March 31 of each year, a municipal planning authority shall determine its financial requirements and the proportion of it to be chargeable to each municipality and shall notify the council of each of the municipalities within the municipal planning area of its financial requirements together with a statement as to the proportion of it to be chargeable to each municipality. 1994, c. 23, s. 8. Determination by Tribunal (2) If the council of any municipality is not satisfied with the apportionment, it may, within 15 days after receiving the notice, notify the municipal planning authority and the Tribunal that it desires the apportionment to be made by the Tribunal. 2017, c. 23, Sched. 5, s. 86. Hearing (3) The Tribunal shall hold a hearing and determine the apportionment and its decision is final. 1994, c. 23, s. 8; 2017, c. 23, Sched. 5, s. 80. Payments (4) Each munic…

14.4 (1) A municipal planning authority may, upon the request of the council of a local municipality that is within a county, whether or not it forms part of the county for municipal purposes, by by-law redefine the municipal planning area to add the municipality to the planning area and rename the municipal planning authority. Approval of by-law (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister after consulting with the council of any affected county. Appointments (3) The council of a municipality added to a municipal planning authority under subsection (1) shall, as soon as possible, appoint to the authority the number of members prescribed and, after the initial appointment, the appointments shall be made by each successive council, as soon as possible, after the council is organized. 1994, c. 23, s. …

14.5 (1) Upon the request of the council of a local municipality that is within a municipal planning area, the municipal planning authority shall by by-law redefine the municipal planning area to remove the municipality from the planning area and may rename the municipal planning authority. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. Adjustment (3) The members of a municipal planning authority appointed by a local municipality which is removed from the authority shall cease to be members of the authority on the date the by-law passed under subsection (1) comes into effect. 1994, c. 23, s. 8. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995

14.6 (1) A municipal planning authority may by by-law dissolve the municipal planning area and the municipal planning authority. 1994, c. 23, s. 8. Approval (2) A municipal planning authority shall not pass a by-law under subsection (1) unless the proposed by-law is approved by the Minister. 1994, c. 23, s. 8. Dissolution by Minister (3) The Minister may by order dissolve a municipal planning area and a municipal planning authority. 1994, c. 23, s. 8. Assets, liabilities (4) All the assets and liabilities of a municipal planning authority dissolved under this section are assets and liabilities of the municipalities that formed part of the municipal planning area and, if such municipalities cannot agree as to the disposition of the assets and liabilities, the Tribunal, upon the application of one or more of the municipalities, shall direct a final disposition. 1994, c. 23, s. 8; 2017, c. …

14.7 (1) If land in a municipal planning area is covered by the official plan of a county, the parts of the official plan which affect the land in the municipal planning area shall be deemed for all purposes to be the official plan of the municipal planning authority on the day the municipal planning authority is established and the county shall forward to the municipal planning authority all papers, plans and documents and other material that relate to the parts of the official plan that are deemed to be the official plan of the municipal planning authority. Restriction (2) The council of a county shall not exercise any power under section 17 in respect of land in the county that is in a municipal planning area. 1994, c. 23, s. 8. Preparation of plan (3) A municipal planning authority shall prepare and adopt a plan and, unless exempt from approval, submit it for approval as an official …

14.8 (1) Sections 2 and 3, subsections 4 (1), (4) and (5), 5 (1), (2), (4) and (5), 6 (2), 8 (1) and (3), sections 16, 16.1, 17, 20, 21, 22, 23 and 26, subsection 51 (37) and (45), sections 62.1, 65, 66, 68 and 69 apply to a municipal planning area or a municipal planning authority, as appropriate, and the municipal planning area and municipal planning authority shall be deemed to be a municipality or a council of a municipality, respectively, for those purposes. 1994, c. 23, s. 8. (2) Repealed: 1996, c. 4, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 8 - 28/03/1995; 1996, c. 4, s. 7 - 22/05/1996

15 (1) The council of an upper-tier municipality with planning responsibilities, on such conditions as may be agreed upon with the council of a lower-tier municipality, may assume any authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act. 2022, c. 21, Sched. 9, s. 3. Same (2) The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may provide advice and assistance to the lower-tier municipality in respect of planning matters generally. 2022, c. 21, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. B, s. 4 - 01/01/2003 2022, c. 21, Sched. 9, s. 3 - 01/07/2024

PART III OFFICIAL PLANS Official plan

16 (1) An official plan shall contain, (a) goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic, built and natural environment of the municipality or part of it, or an area that is without municipal organization; (a.1) such policies and measures as are practicable to ensure the adequate provision of affordable housing; (b) a description of the measures and procedures for informing and obtaining the views of the public in respect of, (i) proposed amendments to the official plan or proposed revisions of the plan, (ii) proposed zoning by-laws, (iii) proposed plans of subdivision, and (iv) proposed consents under section 53; and (c) such other matters as may be prescribed. 2015, c. 26, s. 17; 2017, c. 23, Sched. 3, s. 5 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 16 (1)…

16.0.1 (1) In this section, “former official plan framework” means subsections 16 (1) and (2), as they read immediately before the day subsection 2 (1) of Schedule 7 of the Building Homes and Improving Transportation Infrastructure Act, 2026 came into force; (“ancien cadre du plan officiel”) “new official plan framework” means subsections 16 (1) to (2.2), as they read on or after the day subsection 2 (1) of Schedule 7 of the Building Homes and Improving Transportation Infrastructure Act, 2026 comes into force. (“nouveau cadre du plan officiel”) 2026, c. 8, Sched. 7, s. 3. Timing of transition (2) The former official plan framework continues to apply to a municipality or planning board until the day on which a new official plan or a revision of the official plan under section 26 that is adopted after the applicable transition date mentioned in subsection (3) comes into effect. 2026, c. 8,…

16.1 The council of a municipality or a planning board may by by-law elect to follow the prescribed processes and develop the materials prescribed for the preparation of an official plan and any processes followed or materials developed in the preparation of the plan may be considered under the Environmental Assessment Act with respect to any requirement that it must meet under that Act. 1994, c. 23, s. 9. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 9 - 28/03/1995

17 (1) Except as otherwise provided in this section, the Minister is the approval authority in respect of the approval of a plan as an official plan for the purposes of this section. 1996, c. 4, s. 9. Approval by upper-tier municipality (2) An upper-tier municipality with planning responsibilities is the approval authority in respect of an official plan of a lower-tier municipality for the purposes of this section if the upper-tier municipality has an approved official plan. 2002, c. 17, Sched. B, s. 5 (1); 2022, c. 21, Sched. 9, s. 5 (1). (3) Repealed: 2002, c. 17, Sched. B, s. 5 (2). Upper-tier become approval authority (4) On the day that all or part of a plan that covers an upper-tier municipality with planning responsibilities comes into effect as the official plan of a municipality, the upper-tier municipality is the approval authority in respect of the approval of a plan as an off…

17.1 (1) If an upper-tier municipality is the approval authority under section 17 in respect of the approval of official plans of lower-tier municipalities, the council may by by-law delegate all or any of the authority to approve amendments to official plans to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 2002, c. 17, Sched. B, s. 6. Conditions (2) A delegation of authority made by a council under subsection (1) may be subject to such conditions as the council by by-law provides. 1994, c. 23, s. 10. Withdrawal of delegation (3) A council may by by-law withdraw a delegation of authority made by it under subsection (1) and the withdrawal may be in respect of one or more requests for approval specified in the by-law or any or all requests for approval in respect of which a final disposition was not made by the committee or officer…

18 (1) Where a plan is prepared by a planning board, the plan shall not be recommended to any council for adoption as an official plan unless it is approved by a vote of the majority of all the members of the planning board. R.S.O. 1990, c. P.13, s. 18 (1). Submission of plan to council (2) When the plan is approved by the planning board, the board shall submit a copy thereof, certified by the secretary-treasurer of the board to be a true copy, (a) in the case of a plan prepared for a planning area, to the council of each municipality that is within the planning area; and (b) in the case of a plan prepared at the request of a single municipality, to the council of that municipality, together with a recommendation that it be adopted by the council. R.S.O. 1990, c. P.13, s. 18 (2). Adoption of plan (3) Each council to which the plan is submitted may, subject to subsections 17 (15) to (22),…

19 In a planning area consisting solely of territory without municipal organization, section 17 applies with necessary modifications to a plan being prepared and adopted by a planning board and that is to come into effect as the official plan of the planning board as if the planning board were a council of a municipality and the secretary-treasurer were the clerk. 1996, c. 4, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 4, s. 12 - 22/05/1996

19.1 Sections 34, 35 to 39 and 45 apply in respect of land within the planning area consisting of territory without municipal organization and the planning board shall be deemed to be a council of a local municipality and the secretary-treasurer of the planning board shall be deemed to be the clerk of the municipality for those purposes. 1994, c. 23, s. 12; 2022, c. 12, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 12 - 28/03/1995 2022, c. 12, Sched. 5, s. 2 - 14/04/2022

20 (1) A certified copy of the official plan shall be lodged in the office of the clerk of each municipality to which the plan or any part of the plan applies. Who to lodge plan (2) The lodging required by subsection (1) shall be carried out, (a) in the case of an official plan that applies to only one municipality or part thereof or to only one municipality and territory without municipal organization, by the clerk of the municipality; and (b) in the case of an official plan that applies to more than one municipality or parts thereof, by the clerk of the municipality that has the largest population. Public inspection (3) All copies lodged under subsection (1) shall be available for public inspection during office hours. R.S.O. 1990, c. P.13, s. 20.

21 (1) Except as hereinafter provided and except where the context requires otherwise, the provisions of this Act with respect to an official plan apply, with necessary modifications, to amendments thereto or the repeal thereof, and the council of a municipality that is within a planning area may initiate an amendment to or the repeal of any official plan that applies to the municipality, and section 17 applies to any such amendment or repeal. R.S.O. 1990, c. P.13, s. 21 (1); 2015, c. 26, s. 20 (1). Exception (2) Subsections 17 (34.1) and (40.2) apply to an amendment to a lower-tier municipality’s official plan only if it is a revision that is adopted in accordance with section 26. 2015, c. 26, s. 20 (2). Exception (3) Subsection 17 (36.5) applies to an amendment only if it is, (a) an amendment that has been the subject of a referral to the Tribunal for a recommendation pursuant to subse…

22 (1) If a person or public body requests a council to amend its official plan, the council shall, (a) forward a copy of the request and the information and material required under subsections (4) and (5), if any to the appropriate approval authority, whether or not the requested amendment is exempt from approval; and (b) hold a public meeting under subsection 17 (15) or comply with the alternative measures set out in the official plan. 1996, c. 4, s. 13; 2004, c. 18, s. 4 (1); 2006, c. 23, s. 11 (1). Request to planning board (2) If a person or public body requests a planning board to amend its official plan and the plan applies in whole or in part to territory without municipal organization, the planning board or council of the municipality having jurisdiction over the land to which the proposed amendment applies shall, (a) forward a copy of the request and the information and materia…

22.1 A reference, in any Act or regulation, to the day on which a request for an official plan amendment is received shall be read as a reference to the day on which the council or planning board receives the information and material required under subsections 22 (4) and (5), if any, and any fee under section 69. 2015, c. 26, s. 22. Section Amendments with date in force (d/m/y) 2015, c. 26, s. 22 - 03/12/2015

23 (1) The Minister may, by order, amend an official plan if the Minister is of the opinion that the plan is likely to adversely affect a matter of provincial interest. 2022, c. 21, Sched. 9, s. 7. Effect of order (2) The Minister’s order has the same effect as an amendment to the plan adopted by the council and approved by the appropriate approval authority. 2022, c. 21, Sched. 9, s. 7. Non-application of Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2022, c. 21, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 15 (1, 2) - 28/03/1995 2004, c. 18, s. 5 (1, 2) - 30/11/2004 2015, c. 26, s. 23 (1, 2) - 01/07/2016 2017, c. 23, Sched. 5, s. 80, 89 (1, 2) - 03/04/2018 2022, c. 21, Sched. 9, s. 7 - 06/04/2023

24 (1) Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform therewith. R.S.O. 1990, c. P.13, s. 24 (1); 1999, c. 12, Sched. M, s. 24. Exception (1.1) Subsection (1) does not apply to a by-law adopting an official plan or official plan amendment that is the subject of an order under subsection 17 (6). 2026, c. 8, Sched. 7, s. 5. Pending amendments (2) If a council or a planning board has adopted an amendment to an official plan, the council of any municipality or the planning board of any planning area to which the plan or any part of the plan applies may, before the amendment to the official plan comes into effect, pass a by-law that does not conform with the official plan but will conform with it if the amendment…

25 (1) If there is an official plan in effect in a municipality that includes provisions relating to the acquisition of land, which provisions have come into effect after the 28th day of June, 1974, the council may, in accordance with such provisions, acquire and hold land within the municipality for the purpose of developing any feature of the official plan, and any land so acquired or held may be sold, leased or otherwise disposed of when no longer required. R.S.O. 1990, c. P.13, s. 25 (1); 1994, c. 23, s. 17; 1996, c. 4, s. 15. Contribution towards cost (2) Any municipality may contribute towards the cost of acquiring land under this section. R.S.O. 1990, c. P.13, s. 25 (2). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 17 - 28/03/1995; 1996, c. 4, s. 15 - 22/05/1996

26 (1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, in accordance with subsection (1.1), revise the official plan as required to ensure that it, (a) conforms with provincial plans or does not conflict with them, as the case may be; (b) has regard to the matters of provincial interest listed in section 2; and (c) is consistent with policy statements issued under subsection 3 (1). 2015, c. 26, s. 24 (1). Same (1.1) The council shall revise the plan no less frequently than, (a) 10 years after it comes into effect as a new official plan; and (b) every five years thereafter, unless the plan has been replaced by another new official plan. 2015, c. 26, s. 24 (1). Same (1.2) For the purposes of establishing the 10-year and five-year periods mentioned in subsection (1.1), a plan is considered to have come into effect eve…

27 (1) Subject to subsections (5) and (6), the council of a lower-tier municipality shall amend every official plan and every by-law passed under section 34, or a predecessor of it, to conform with a plan that comes into effect as the official plan of the upper-tier municipality. 2002, c. 17, Sched. B, s. 7; 2026, c. 8, Sched. 7, s. 6 (1). Failure to make amendments (2) If the official plan of an upper-tier municipality comes into effect as mentioned in subsection (1) and any official plan or zoning by-law is not amended as required by that subsection within one year from the day the plan comes into effect as the official plan, the council of the upper-tier municipality may amend the official plan of the lower-tier municipality or zoning by-law, as the case may be, in the like manner and subject to the same requirements and procedures as the council that failed to make the amendment with…

PART IV COMMUNITY IMPROVEMENT

28 (1) In this section, “community improvement” means the planning or replanning, design or redesign, resubdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, structures, works, improvements or facilities, or spaces therefor, as may be appropriate or necessary; (“améliorations communautaires”) “community improvement plan” means a plan for the community improvement of a community improvement project area; (“plan d’améliorations communautaires”) “community improvement project area” means a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desir…

29 (1) A municipality, with the approval of the Minister, may enter into agreement with any governmental authority or any agency thereof created by statute, for the carrying out of studies and the preparation and implementation of plans and programs for the development or improvement of the municipality. Where approval of Minister not required (2) Despite subsection (1), a municipality may enter into agreement with one or more other municipalities under subsection (1) without the approval of the Minister. R.S.O. 1990, c. P.13, s. 29.

30 The Minister, with the approval of the Lieutenant Governor in Council, and a municipality may enter into agreement providing for payment to the municipality on such terms and conditions and in such amounts as may be approved by the Lieutenant Governor in Council to assist in the community improvement of a community improvement project area as defined in section 28, including the carrying out of studies for the purpose of selecting areas for community improvement. R.S.O. 1990, c. P.13, s. 30.

31 Repealed: 1997, c. 24, s. 226 (1). Note: Despite the repeal of section 31, an order made under that section is continued as an order made under the corresponding provision of the Building Code Act, 1992. See: 1997, c. 24, ss. 226 (2), 228. Section Amendments with date in force (d/m/y) 1997, c. 24, s. 226 (1) - 17/06/1998

32 (1) When a by-law under section 15.1 of the Building Code Act, 1992 is in force in a municipality, the council of the municipality may pass a by-law for providing for the making of grants or loans to the registered owners or assessed owners of lands in respect of which an order has been made under subsection 15.2 (2) of that Act to pay for the whole or any part of the cost of the repairs required to be done, or of the clearing, grading and levelling of the lands, on such terms and conditions as the council may prescribe. R.S.O. 1990, c. P.13, s. 32 (1); 1997, c. 24, s. 226 (3). Loans collected as taxes, lien on land (2) The amount of any loan made under a by-law passed under this section, together with interest at a rate to be determined by the council, may be added by the clerk of the municipality to the collector’s roll and collected in like manner as municipal taxes over a period f…

33 (1) In this section, “dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; (“logement”) “residential property” means a building that contains one or more dwelling units, but does not include subordinate or accessory buildings the use of which is incidental to the use of the main building. (“immeuble d’habitation”) R.S.O. 1990, c. P.13, s. 33 (1). Establishment of demolition control area by by-law (2) When a by-law under section 15.1 of the Building Code Act, 1992 or a predecessor thereof is in force in a municipality or when a by-law prescribing standards for the maintenance and occupancy of property under any special Act is in force in a municipality, the council of the local municipality may by by-law designate any area within the municipality to which the standards of maint…

PART V LAND USE CONTROLS AND RELATED ADMINISTRATION

34 (1) Zoning by-laws may be passed by the councils of local municipalities: Restricting use of land 1. For prohibiting the use of land, for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or abutting on any defined highway or part of a highway. Restricting erecting, locating or using of buildings 2. For prohibiting the erecting, locating or using of buildings or structures for or except for such purposes as may be set out in the by-law within the municipality or within any defined area or areas or upon land abutting on any defined highway or part of a highway. Marshy lands, etc. 3. For prohibiting the erection of any class or classes of buildings or structures on land that is subject to flooding or on land with steep slopes, or that is rocky, low-lying, marshy, unstable, hazardous, subject to erosion or to natural o…

34.1 An order made by the Minister under subsection 34.1 (9), as it read immediately before the day section 6 of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force, shall be deemed for all purposes, except for the purposes of section 24 of this Act, to be and to always have been a by-law passed by the council of the municipality in which the land is situate. 2024, c. 16, Sched. 12, s. 6. Section Amendments with date in force (d/m/y) 2022, c. 12, Sched. 5, s. 5 - 14/04/2022 2024, c. 16, Sched. 12, s. 6 - 06/06/2024

35 (1) Repealed: 1996, c. 4, s. 21 (1). No distinction on the basis of relationship (2) The authority to pass a by-law under section 34, subsection 38 (1) or section 41 does not include the authority to pass a by-law that has the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a building or structure or a part of a building or structure, including the occupancy or use as a single housekeeping unit. 1994, c. 2, s. 43. Provision of no effect (3) A provision in a by-law passed under section 34, subsection 38 (1) or section 41 or in an order made under subsection 47 (1) is of no effect to the extent that it contravenes the restrictions described in subsection (2). 1994, c. 2, s. 43; 1996, c. 4, s. 21 (2). (4) Repealed: 1996, c. 4, s. 21 (3). Section Amendments with date in force (d/m/y) 1994, c. 2, s. 43 - 14/07/199…

35.1 (1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of, (a) two residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if all buildings and structures ancillary to the detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (b) three residential units in a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains any residential units; or (c) one residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the detached house, semi-detached house or rowhouse contains no more than two residential un…

35.1.1 (1) The authority to pass a by-law under section 34 does not include the authority to pass a by-law that prohibits the use of a parcel of urban residential land for an elementary school or secondary school of a school board or any ancillary uses to such schools, including the use of a child care centre located in the school. 2025, c. 9, Sched. 7, s. 6. Provision of no effect (2) A provision of a by-law passed under section 34 or an order made under clause 47 (1) (a) is of no effect to the extent that it contravenes a restriction described in subsection (1) of this section. 2025, c. 9, Sched. 7, s. 6. Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 7, s. 6 - 05/06/2025

35.2 (1) If the official plan in effect in a local municipality contains policies described in subsection 16 (4), (a) the council of the municipality shall pass one or more by-laws under section 34 to give effect to the policies, if the municipality is prescribed for the purpose of subsection 16 (4); (b) the council of the municipality may pass one or more by-laws under section 34 to give effect to the policies, if the municipality is not prescribed for the purpose of subsection 16 (4). 2016, c. 25, Sched. 4, s. 4. Content of by-law (2) If a by-law is passed under section 34 to give effect to policies described in subsection 16 (4), the by-law, (a) shall require that the development or redevelopment of specified lands, buildings or structures include, (i) the number of affordable housing units determined under the regulations or, in the absence of such regulations, the number of affordab…

36 (1) The council of a local municipality may, in a by-law passed under section 34, by the use of the holding symbol “H” (or “h”) in conjunction with any use designation, specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law. R.S.O. 1990, c. P.13, s. 36 (1). Condition (2) A by-law shall not contain the provisions mentioned in subsection (1) 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 (1). R.S.O. 1990, c. P.13, s. 36 (2). Appeal to Tribunal (3) Where an application to the council for an amendment to the by-law to remove the holding symbol is refused or the council fails to make a decision thereon within 90 days after receipt by the clerk of the application, the applicant may …

37 (1) In this section, “specified date” means the specified date for the purposes of section 9.1 of the Development Charges Act, 1997; (“date précisée”) “valuation date” means, with respect to land that is the subject of development or redevelopment, (a) the day before the day the building permit is issued in respect of the development or redevelopment, or (b) if more than one building permit is required for the development or redevelopment, the day before the day the first permit is issued. (“date d’évaluation”) 2020, c. 18, Sched. 17, s. 1. Community benefits charge by-law (2) The council of a local municipality may by by-law impose community benefits charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies. 2020, c. 18, Sched. 17, s. 1. What charge can be imposed for …

37.1 (1) In this section, “by-law described in the repealed subsection 37 (1)” means a by-law passed under section 34 that includes, under subsection 37 (1) as it read on the day before the effective date, any requirement to provide facilities, services or matters; (“règlement municipal visé au paragraphe 37 (1) abrogé”) “effective date” means the day section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 comes into force. (“date d’effet”) 2020, c. 18, Sched. 17, s. 1. Continued application of repealed s. 37 (1) to (5) (2) Despite their repeal by section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, the following provisions continue to apply to a local municipality until the applicable date described in subsection (5) of this section: 1. Subsections 37 (1) to (4), as they read on the day before the effective date. 2. Subsection 37 (5), as it read on the day …

38 (1) Where the council of a local municipality has, by by-law or resolution, directed that a review or study be undertaken in respect of land use planning policies in the municipality or in any defined area or areas thereof, the council of the municipality may pass a by-law (hereinafter referred to as an interim control by-law) to be in effect for a period of time specified in the by-law, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of land, buildings or structures within the municipality or within the defined area or areas thereof for, or except for, such purposes as are set out in the by-law. R.S.O. 1990, c. P.13, s. 38 (1). Extension of period by-law in effect (2) The council of the municipality may amend an interim control by-law to extend the period of time during which it will be in effect, provided the total period of time does…

39 (1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law. R.S.O. 1990, c. P.13, s. 39 (1). (1.1), (1.2) Repealed: 2002, c. 17, Sched. B, s. 11 (1). Area and time in effect (2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law. 2002, c. 17, Sched. B, s. 11 (2). Extension (3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. R.S.O. 1990, c. P.13, s. 39 (3). Non-application of cl. 34 (9) (a) (4) Upon the expiry of the period or…

39.1 (1) As a condition to passing a by-law authorizing the temporary use of a garden suite under subsection 39 (1), the council may require the owner of the suite or any other person to enter into an agreement with the municipality dealing with such matters related to the temporary use of the garden suite as the council considers necessary or advisable, including, (a) the installation, maintenance and removal of the garden suite; (b) the period of occupancy of the garden suite by any of the persons named in the agreement; and (c) the monetary or other form of security that the council may require for actual or potential costs to the municipality related to the garden suite. 2002, c. 17, Sched. B, s. 12; 2009, c. 33, Sched. 21, s. 10 (7). Definition (2) In this section, “garden suite” means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancil…

39.2 (1) Subject to subsection (2), the council of a local municipality may, by by-law, delegate the authority to pass by-laws under section 34 that are of a minor nature to, (a) a committee of council; or (b) an individual who is an officer, employee or agent of the municipality. 2021, c. 34, Sched. 19, s. 1. Official plan requirement (2) Subsection (1) does not apply unless there is an official plan in effect in the local municipality that specifies the types of by-laws in respect of which there may be a delegation of authority under that subsection. 2021, c. 34, Sched. 19, s. 1. Same (3) Without limiting the generality of the meaning of a by-law passed under section 34 that is of a minor nature, such by-laws may include, (a) a by-law to remove a holding symbol; and (b) a by-law to authorize the temporary use of land, buildings or structures in accordance with subsection 39 (1). 2021, …

40 (1) Where an owner or occupant of a building is required under a by-law of a local municipality to provide and maintain parking facilities on land that is not part of a highway, the council of the municipality and such owner or occupant may enter into an agreement exempting the owner or occupant, to the extent specified in the agreement, from the requirement of providing or maintaining the parking facilities. R.S.O. 1990, c. P.13, s. 40 (1). Payment of money (2) An agreement entered into under subsection (1) shall provide for the making of one or more payments of money to the municipality as consideration for the granting of the exemption and shall set forth the basis upon which such payment is calculated. R.S.O. 1990, c. P.13, s. 40 (2). Special account (3) All money received by a municipality under an agreement entered into under this section shall be paid into a special account and…

41 (1) In this section, “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164 (4) of the Municipal Act, 2001 or subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of this Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of this Act. R.S.O. 1990, c. P.13, s. 41 (1); 1994, c. 4, s. 14; 2002, c. 17, Sched. B, s. 14 (1); 2006, c. 32, Sched. C, s. 47 (8). Ex…

42 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 28 (1); 2020, c. 18, Sched. 17, s. 2 (1); 2022, c. 21, Sched. 9, s. 12 (1). Conveyance (1) Subject to subsection (1.1), as a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, require that land in an amount not exceeding, in the case of land proposed for development or redevelopment for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1); 2022, c. 21, Sched. 9, s. 12 (2). Same, affordable residential units (1.1) With respect to land proposed for development or redevelopment that will include affordable residential uni…

43 (1) Subsections 34 (12) to (34) do not apply to a by-law that amends a by-law only to express a word, term or measurement in the by-law in a unit of measurement set out in Schedule I of the Weights and Measures Act (Canada) in accordance with the definitions set out in Schedule II of that Act and that, (a) does not round any measurement so expressed further than to the next higher or lower multiple of 0.5 metres or 0.5 square metres, as the case may be; or (b) does not vary by more than 5 per cent any measurement so expressed. R.S.O. 1990, c. P.13, s. 43 (1); 1993, c. 26, s. 55. Effect of amendment that conforms with subs. (1) (2) Any land, building or structure that otherwise conforms with a by-law passed under section 34 or a predecessor thereof or an order made by the Minister under section 47 or a predecessor thereof does not cease to conform with the by-law or order by reason onl…

44 (1) If a municipality has passed a by-law under section 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three, as the council considers advisable. R.S.O. 1990, c. P.13, s. 44 (1). Copy of by-law to Minister (2) Where a by-law is passed under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof. R.S.O. 1990, c. P.13, s. 44 (2). Term of office (3) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annually. R.S.O. 1990, c. P.13, s. 44 (3). Idem (4) Memb…

45 (1) The committee of adjustment, upon the application of the owner of any land, building or structure affected by any by-law that is passed under section 34 or 38, or a predecessor of such sections, or any person authorized in writing by the owner, may, despite any other Act, authorize such minor variance from the provisions of the by-law, in respect of the land, building or structure or the use thereof, as in its opinion is desirable for the appropriate development or use of the land, building or structure, if in the opinion of the committee the general intent and purpose of the by-law and of the official plan, if any, are maintained. R.S.O. 1990, c. P.13, s. 45 (1); 2006, c. 23, s. 18 (1); 2009, c. 33, Sched. 21, s. 10 (11). Criteria (1.0.1) The committee of adjustment shall authorize a minor variance under subsection (1) only if, in addition to satisfying the requirements of that s…

46 (1) In this section, “land lease community home” means any dwelling that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling, but does not include a mobile home; (“maison de communauté de terrains à bail”) “mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (“maison mobile”) “parcel of land” means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or (d.1) or clause 50 (5) (a) or (c.1). (“parcelle de terrain”) R.S.O. 1990, c. P.13, s. 46 (1); 1994, c. 4, s. 15 (1); 2022, c. 21, Sched. 9, s. 14. One mobile home per parcel of land …

47 (1) The Minister may by order, (a) in respect of any land in Ontario, exercise any of the powers conferred upon councils by section 34, 38 or 39, but subsections 34 (11) to (34) do not apply to the exercise of such powers; and (b) in respect of any land in Ontario, exercise the powers conferred upon councils by subsection 50 (4). R.S.O. 1990, c. P.13, s. 47 (1); 1994, c. 23, s. 27 (1). Non-application of Legislation Act, 2006, Part III (1.0.0.1) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1) on or after the day subsection 5 (1) of Schedule 10 to the Fighting Delays, Building Faster Act, 2025 comes into effect. 2025, c. 14, Sched. 10, s. 5 (1). Same, exception (1.0.0.2) Subsection (1.0.0.1) does not apply to an order to amend or revoke an order that was made under subsection (1) before the day subsection 5 (1) of Schedule 10 to …

48 Despite the provisions of any other general or special Act, a licence, permit, approval or permission shall not be issued or granted nor any utility or service provided by a utilities distributor or a public or Crown agency in respect of any land, building or structure where the proposed use of the land or the erection or proposed use of the building or structure would be in contravention of section 46 or of an order made under section 47 or of a by-law passed by a planning board under section 34 or 38. R.S.O. 1990, c. P.13, s. 48; 1994, c. 23, s. 28; 2006, c. 23, s. 20. Section Amendments with date in force (d/m/y) 1994, c. 23, s. 28 - 28/03/1995 2006, c. 23, s. 20 - 01/01/2007

49 (1) In this section, “officer” means an officer who has been assigned the responsibility of enforcing section 46, orders of the Minister made under clause 47 (1) (a) or zoning by-laws passed under section 34. Entry and inspection (2) Subject to subsection (3), where an officer believes on reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring. R.S.O. 1990, c. P.13, s. 49 (1, 2). Where warrant required (3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not en…

49.1 (1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that, (a) an offence under section 67 has been committed; and (b) the entry and search will afford evidence relevant to the commission of the offence. 1994, c. 2, s. 46; 1997, c. 24, s. 226 (7). Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence. Receipt and removal (3) Anyone who seizes something under a search warrant shall, (a) give a receipt for the thing seized to the perso…

49.2 (1) If the Minister has directed the Provincial Land and Development Facilitator or a Deputy Facilitator appointed under subsection 12 (2) of the Ministry of Municipal Affairs and Housing Act to advise, make recommendations or perform any other functions with respect to land, the Minister may, by order, require the owner of the land to enter into one or more agreements with the Minister or with a municipality addressing any matters that the Minister considers necessary for the appropriate development of the land. 2023, c. 10, Sched. 6, s. 12. Notice to municipality (2) If the Minister requires the owner of the land to enter into an agreement with a municipality, the Minister shall inform the municipality in writing of the matters that the agreement must address. 2023, c. 10, Sched. 6, s. 12. Restrictions on use of land (3) Until the owner has entered into all agreements required by …

49.3 (1) The regulations may provide that any provision of this Part or of a regulation made under section 70.2 does not apply, or may set out restrictions or limitations with respect to its application, to a, (a) detached house, semi-detached house or rowhouse, including a detached house, semi-detached house or rowhouse containing an additional residential unit, that is located on a parcel of urban residential land and that meets such criteria as may be prescribed; or (b) structure ancillary to a detached house, semi-detached house or rowhouse referred to in clause (a) that meets such criteria as may be prescribed. 2024, c. 16, Sched. 12, s. 9. Conflicts (2) A regulation made for the purposes of this section prevails over the provisions of any other Act that are specified in the regulation. 2024, c. 16, Sched. 12, s. 9. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 1…

PART VI SUBDIVISION OF LAND

50 (1) In this section and in section 53, “consent” means, (a) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality with planning responsibilities, a consent given by the council of the upper-tier municipality, (a.1) where land is situate in a lower-tier municipality that, for municipal purposes, forms part of an upper-tier municipality without planning responsibilities, a consent given by the council of the lower-tier municipality, (b) where land is situate in a single-tier municipality that is not in a territorial district, a consent given by the council of the single-tier municipality, (c) where land is situate in a prescribed single-tier municipality that is in a territorial district, a consent given by the council of the single-tier municipality, and (d) except as otherwise provided in clauses (a), (b) and (c), a c…

50.1 (1) No provision in a will that purports to subdivide land is of any effect to subdivide that land unless, irrespective of that provision, each part of the land divided could be conveyed without contravening section 50. Retroactive effect (2) Subsection (1) applies even though the will was made before the 26th day of July, 1990 unless the person who made the will died on or before that date. Tenants in common (3) If a provision in a will is of no effect to subdivide land under subsection (1), the beneficiaries that would have been entitled to the land if the provision had been effective shall hold the undivided land as tenants in common. 1991, c. 9, s. 1. (4)-(6) Repealed: 1991, c. 9, s. 1. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. P.13, s. 50.1 (7) - 26/07/1992; 1991, c. 9, s. 1 - 26/07/1990

51 (1), (2) Repealed: 2002, c. 17, Sched. B, s. 19 (1). Minister is approval authority (3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1. 1999, c. 12, Sched. M, s. 28 (1). Deemed approval authority (3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1. 2009, c. 33, Sched. 21, s. 10 (12). Single-tier municipality (4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed. 2002, c. 17, Sched. B, s…

51.1 (0.1) In this section, “effective date” means July 1, 2016. (“date d’effet”) 2015, c. 26, s. 32 (1); 2020, c. 18, Sched. 17, s. 4; 2022, c. 21, Sched. 9, s. 18 (1). Land conveyed or dedicated for parkland (1) Subject to subsection (1.1), the approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes. 1994, c. 23, s. 31; 2022, c. 21, Sched. 9, s. 18 (2). Same, affordable residential units (1.1) With respect to land proposed for a plan of subdivision that will include affor…

51.2 (1) If a council of a municipality is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may by by-law delegate all or any part of the authority to approve plans of subdivision to a committee of council or to an appointed officer identified in the by-law by name or position occupied. 1994, c. 23, s. 31; 2002, c. 17, Sched. B, s. 20 (1). Delegation to lower-tier municipality (2) If an upper-tier council is the approval authority under section 51 in respect of the approval of plans of subdivision, the council may, after the prescribed notice is given, by by-law delegate all or any part of the authority to approve plans of subdivision to a lower-tier municipality in respect of land situate in the lower-tier municipality. 2002, c. 17, Sched. B, s. 20 (2). Delegation (2.1) Despite subsections 74 (2) and 74.1 (1), an upper-tier council …