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Email this pagePlanning Act Approval Authority in Ontario

Nov, 2013

Explanatory Notes: 

An upper-tier municipality with an approved official plan is the approval authority for lower tier official plans and official plan amendments pursuant to subsections 17(2) and (4) of the Planning Act and for subdivision applications pursuant to subsections 51(5) and (5.1) of the Planning Act. 

Exemption of Official Plan Amendments from the Requirement for Minister Approval  

Subsection 17(9) of the Planning Act provides the Minister the authority to exempt by order an official plan or proposed official plan amendment(s) from his or her approval. (Note - subsection 17(9) does not apply to an official plan amendment made under subsection 26(1) of the Planning Act.)

Ontario Regulation 525/97 (as amended by Ontario Regulation 344/98 and other amending regulations), identifies those municipalities where amendments to official plans are exempt from the approval of the Minister of Municipal Affairs and Housing. 

 Authorization of the Exemption of Lower Tier Official Plan Amendments from the Requirement for Upper Tier Approval 

The Minister, by order pursuant to subsection 17(10) of the Planning Act, authorized upper-tier municipalities to pass by-laws to exempt lower-tier official plan amendments from requiring the approval of the upper-tier municipality.  In these cases, the chart will indicate that the upper-tier municipality should be consulted for additional information on exemption and approval authority. 

Ontario Regulation 699/98

  • Regional Municipality of Halton
  • Regional Municipality of York  

Ontario Regulation 576/99

  • Regional Municipality of Peel           

Ontario Regulation 99/00

  • Regional Municipality of Durham 

Ontario Regulation 192/01

  • Regional Municipality of Niagara 

Ontario Regulation 17/08

  • County of Grey (Owen Sound only)