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Understanding the Consent Application Process

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Your step-by-step guide for Consent-Granting Authorities - Section 53 of the Planning Act

Interpretation of this Document

This manual will direct you through the consent approval process in a step-by-step format. It is intended for use as a navigational guide for consent-granting authorities pursuant to section 53 of the Planning Act. If you are uncertain whether your municipality or planning board has authority to grant consents, please contact your regional Municipal Services Office.


Table of Contents

Part one – Fundamentals of Land Division

Part two – The Approval Process

Part three – Appendices

For more information

Disclaimer


Part one – Fundamentals of Land Division

Land division in Ontario

[Planning Act, s. 50]

Section 50 of the Planning Act prevents the division of land into smaller parcels unless one of the exceptions identified in the section applies. This usually means that approval of a governmental body will be required in order for land division to occur (some exceptions to this rule are identified below). As a result, whether a greenfield is being broken up into 50 buildable lots or a single lot is being divided into two, the division of land is generally subject to a public process ensuring that provincial interests and local planning concerns (as expressed in the official plan) are both satisfied. The larger the number of lots being created, the more complex the considerations in the planning approval process will generally be.

Exceptions under the Planning Act

Some types of transactions that do not require an application for land division are [Planning Act, s. 50(3)]:
  • A lease for a renewable energy project for a period of between 21 and 50 year
  • Acquisition for an electricity distribution line, electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line described in Part VI of the Ontario Energy Board Act, 1998
  • Acquisition for purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands approved under section 24 of the Conservation Authorities Act
  • Transactions by a municipality, Her Majesty in right of Ontario or by Her Majesty in right of Canada
  • The granting of an easement or covenant under the Conservation Land Act

Conservation Land Act

Subject Consent Plan of subdivision/ condominium
Application requirements Less information is required for an application to be deemed complete [O. Reg. 197/96, Schedule 1] More detailed information is required for an application to be deemed complete [O. Reg. 544/06, Schedule 1]
Time to make a decision before an applicant can appeal to the Ontario Municipal Board for non- decision 90 days [Planning Act, s. 53(14)] 180 days [Planning Act, s. 51(34)]
Time to fulfill conditions If provisional consent is granted 1 year (no extension) [Planning Act, s. 53(41)] If draft approval is granted A minimum of 3 years (extensions permitted) [Planning Act, s. 51(32)]
Time to transfer the new lots If consent is given 2 years (no extension) [Planning Act, s. 53(43)] If final approval is granted No timeline specified*

  

* If the applicant does not register a final plan within 30 days of the date of approval, the approval may be withdrawn. [Planning Act, s. 51(59)]. In addition, if a plan has been registered for eight years or more the local municipality can deem the plan to not be registered [s. 50(4)].

The Planning Act provides four main ways that a planning approval authority can control land division:
  1. Consent
  2. Plan of subdivision
  3. Plan of condominium
  4. Exemption from part-lot control

Activities that require consent

The consent approval process - described in section 53 of the Planning Act - is a helpful alternative for land division proposals that are relatively less complex where a plan of subdivision is not required (e.g., the creation of one or two lots or easements).

A consent is appropriate if a landowner proposes to:

  • Create a limited number of new lots (lot creation)
  • Add land to a neighbouring lot (lot addition)
  • Create one or more rights-of-way (easements)
  • Charge over a part of a property (mortgage)
  • Enter into a lease over a part of a property when the term of the lease totals 21 years or more, inclusive of renewal options

Where a property is already divided by a natural feature (e.g., the bed of a stream or lake) or a publicly owned thoroughfare (e.g., a highway or a road), consent is not required to convey the land on either side of the feature or thoroughfare separately.

Tip: For complex proposals involving multiple lots, public streets and servicing, a plan of subdivision or a plan of condominium application may be more appropriate for the landowner. Refer to “Understanding the Subdivision and Condominium Application Process: A Step- by-Step Guide for Approval Authorities” for more information, or visit Ontario.ca/MunicipalLearning.

Consent application types

Lot Creation
Before a landowner can sell or transfer ownership of a portion of his/her property as a standalone parcel, a new lot must be created.

A landowner wishes to sever part of his/ her property and retain the remaining portion.

A consent is required for this type of transaction.

Lot Addition
Sometimes, a landowner wishes to sell or transfer ownership of a part of his/her land to a neighbouring (abutting) lot resulting in an increase in size of the abutting landowner’s lot. This is referred to as lot addition.

The owner of Lot A wishes to sell a portion of his/her property to the owner of Lot B to allow for an addition to an existing building.

A consent is required for this type of transaction.

Easements
Easements are agreements that confer on an individual, company or municipality a right to use a landowner’s property. Examples of easements include access roads, pathways and utilities (power lines, sewer/water lines, transmission lines, etc.).

The landowner of Lot A wishes to use Lot B’s property to access the street network.

Consent for a right-of-way formalizes this arrangement.

Mortgage or Change over Part of a Property
A landowner who wishes to mortgage (or charge) a part of his/her property, or a mortgagee (or charge) who wishes to partially discharge a mortgage (or partially cease a charge) on a property must apply for consent.

The owner of a mortgaged farm (Lot A) requests a partial discharge for 1 acre where his/her home is situated.

Consent is required for this type of transaction.

Public bodies that are approval authorities

[Planning Act, ss. 50(1) and 54]

A public body that has the authority to give consents is commonly referred to as the “consent- granting authority”.

Most single-tier and all upper-tier municipalities are assigned consent-granting authority by the Planning Act and Ontario Regulation 354/02. In some places, the Minister of Municipal Affairs and Housing is the consent- granting authority. This includes all unincorporated areas outside of planning boards.

Delegation of consent-granting Authority

The Planning Act provides assigned consent-granting authorities the option of delegating all or a part of their authority. In general, these delegated authorities can be grouped into three categories:

Lower-tier councils:
Many upper-tier councils have delegated their consent-granting authority to lower-tier councils within their jurisdiction. Some single-tier councils have also been delegated consent-granting authority from the Minister of Municipal Affairs and Housing.

Planning boards:
Most of the planning boards in Ontario have been delegated consent- granting authority by the Minister of Municipal Affairs and Housing. All authority to give consents must be retained with the planning board and cannot be further delegated.

Appointed officers, committees of council and municipal planning authorities:
A municipal council that has authority to grant consents can further delegate all or any part of this authority (as the case may be) to a municipal officer, a committee of council, a committee of adjustment, land division committee or a municipal planning authority, including:

  1. the authority to determine if an application is complete pursuant to section 53 of the Planning Act (Step 2 of this Guide)
  2. the authority for the giving of provisional consent for any or all types of consent applications (lot creation, lot addition, easements, mortgages or leases for 21 years or more) (Step 6 of this Guide)
  3. the authority to give consent (i.e., issuing the final certificate) (Step 11 of this Guide)
  4. the authority to change conditions of provisional consent (Step 8 of this Guide)
  5. the authority to execute, amend or release agreements securing conditions imposed in respect of a consent to sever

Where a municipal officer is delegated authority, the by-law must identify the name or position of the officer. Conditions may also be attached to the delegation.

Note: The authority to give a Certificate of validation or the authority to approve a foreclosure or an exercise of a power of sale can also be delegated by a municipal council who has this authority (see “Application for foreclosure or exercise of a power of sale” or “Application for a validation certificate” for more details).

Tip:A detailed breakdown of approval authorities in Ontario is available at Ontario.ca/LandUsePlanning.

Delegation of consent-granting authority – Minister chart

Where the Minister of Municipal Affairs and Housing is the assigned approval authority for consent applications, the Minister may delegate his/ her authority as follows:

Delegation of consent-granting authority – single-tier council chart
Where single-tier councils are the assigned approval authorities for consent applications, they may delegate their authority as follows:

Delegation of consent-granting authority – upper-tier council chart
Where upper-tier councils are the assigned approval authorities for consent applications, they may delegate their authority as follows:

Seven essential documents you should know

In Ontario, land division activities are regulated within a policy-led planning system that consists of seven inter- related types of legislation, rules and policies. Decisions made by a municipality or planning board on all land division matters are in accordance with these documents.

Ontario's policy-led planning system chart

One - The Planning Act

The Planning Act provides the framework for the province’s policy-led planning system and is administered by the Ministry of Municipal Affairs and Housing. The Act dictates which land use characteristics can be regulated, how they can be regulated and who can regulate them. This guide describes the key steps set out in the Planning Act for processing consent applications.

Two - The Provincial Policy Statement

The Provincial Policy Statement sets the policy foundation for regulating the development and use of land in Ontario. It provides for appropriate development while protecting public resources of provincial interest, public health and safety and the quality of the natural environment. The Provincial Policy Statement is reviewed at least every five years from the time it was issued to ensure that the policies are up-to-date to address current planning challenges. Under the Planning Act, decisions in respect of any authority that affects a planning matter shall be consistent with the Provincial Policy Statement.

Three - The Provincial Plan(s)

Provincial plans apply to specific geographical areas Ontario's complement the Provincial Policy Statement to form the foundation of Ontario’s policy-led planning system. These plans recognize the opportunities and challenges facing Ontario’s communities and provide leadership in dealing with how our communities will change over the long-term. Provisions on a wide range of issues may be included, such as land-use planning, transportation, infrastructure planning, housing, natural heritage, and resource protection. Under the Planning Act, decisions in respect of any authority that affects a planning matter shall conform or not conflict with provincial plans. See Appendix 4 for a list of provincial plans.

Four - Official Plan(s)

An official plan represents a municipality’s or planning board’s chief planning tool to direction to council, developers and the public on local planning matters. An official plan contains a set of locally generated goals about land-use planning, objectives as well as policies in areas such as land use, infrastructure and servicing, transportation, the natural environment, community improvement and urban design. Certain Planning Act tools can be used to help achieve a community vision, if the official plan has been updated to contain the required provisions. Under the Planning Act, decisions that affect a planning matter must conform to the official plan(s).

Five - The Community Improvement Plan(s)

A community improvement plan may enable municipalities to offer grants or loans to local businesses and landowners as an incentive to build or repair properties, including the remediation, rehabilitation and reuse of brownfields. Decisions made on planning applications should include, if applicable, considerations of how the application meets the goals, objectives and policies of the community improvement plan. Your community can use this planning tool if provisions relating to community improvement are contained in the official plan and there is a community improvement project area by-law in effect.

Six - The Zoning by-law, development permit by-law or Minister’s zoning order

A zoning by-law is another planning tool found in the Planning Act, which enables a council or planning board to implement the vision set out in the official plan. It identifies the permitted land uses and the required standards (e.g., lot sizes, building height, setback, parking requirements) for different areas of the community.

A development permit system can also assist a municipality in implementing the vision set out in the official plan. This planning tool combines zoning, site plan and minor variance into one application and approval process. It promotes development by providing for faster timelines, eliminating potential duplication, incorporating flexibility for uses and development standards to provide a “one- stop” planning service. If your municipality uses a development permit system, you will have a development permit by-law in place.

This by-law contains a list of permitted uses and standards, and may also set out variances to the uses and standards. Appeal rights are limited for a decision on a development permit, which helps to create more certainty in the process.

A Minister’s zoning order is a regulation that is issued by the Minister of Municipal Affairs and Housing. It overrides local zoning provisions, where they exist. Like a zoning by-law, a Minister’s zoning order identifies the geographic area (zoning area) to which the order applies and contains provisions for the use of land. In other instances, it is used to apply a level of development control in relation to a matter of provincial interest in a subject area(s).

Under the Planning Act, decisions that affect a planning matter must comply with the applicable zoning by-law, development permit by-law or Minister’s zoning order in the municipality or planning area.

Seven - The site plan control area by-law

Site plan control provides a council with the added ability to control the design and the development of a site. This includes the location, design and shape (massing) of buildings, the layout of parking and service areas, public access areas, landscaping, paving materials and street furniture (e.g., bicycle facilities, benches, lampposts, recycling containers). An updated official plan that includes site plan control policies along with a site plan control area by-law allow the implementation of site plan control.

Tip: To view the most up- to-date version of the Planning Act, please visit e-Laws. To download a copy of the Provincial Policy Statement, please visit Ontario.ca/LandUsePlanning.

Part two – The Approval Process

Consent approval process chart

Note: All section references refer to the Planning Act unless otherwise noted.

The word “applicant” is used throughout this section. This refers to the authorized agent acting on behalf of the property owner or the owner (if an agent is not used).

1 Early consultation

Early consultation with the applicant has potential benefits for both the consent-granting authority and the applicant, and is strongly recommended. For the applicant, it is an opportunity to explain the proposal upfront and obtain preliminary comments from the consent-granting authority. For the consent- granting authority, early consultation is an opportunity to advise the applicant what plans and studies should be provided to support the application, obtain information to help make an informed decision and guide the applicant on the approval process.

Tip: Early consultation may take place any time prior to a formal submission of the application by the applicant.

Checklist for Step 1: Early consultation

Consider, on a preliminary basis, if the proposal is appropriate for a consent application, or if a plan of subdivision is necessary for the proper and orderly development of the municipality. See your official plan as it may contain policies in this regard.

  • Consider, on a preliminary basis, if the proposal is consistent with the Provincial Policy Statement. (see Appendix 2)
  • Consider, on a preliminary basis, if the proposal conforms with official plan policies. If it does not, the applicant should be advised that an official plan amendment will be required before proceeding further with the consent application. The considerations involved in obtaining this approval should be discussed. (see Appendix 4)
  • Consider, on a preliminary basis, if the proposal complies with an applicable zoning by-law, Minister's zoning order or development permit by-law. If not, the applicant should be advised that a zoning by-law amendment, Minister's zoning order amendment or amendment to the development permit by-law would be required prior to final approval. The considerations involved in obtaining these approvals should be discussed.
  • Identify which information and studies are required by the Planning Act and the official plan, or are recommended to be part of the formal application (see Complete application).
  • Identify any agencies that the applicant may want to consult with, in advance of the formal application, in relation to other permits and approvals. (see Appendix 5)
  • If there is a community improvement plan in effect, inform the applicant of any related opportunities (such as the availability of any community improvement grant or loan programs offered by the municipality).

2 Complete application

[Planning Act, ss. 53(2)-(4.2)]

Complete applications enable the consent-granting authority and commenting agencies to assess the application and avoid undue delay in the approval process. The consent- granting authority may refuse to further consider an application if it is not complete.

Components of a complete application

Pursuant to the Planning Act, a complete application consists of:

  • all information identified by O. Reg. 197/96 (see Appendix 6);
  • all information identified in the official plan(s) as part of a complete application for consent;
  • the application fee.

Until this information is received, the consent- granting authority can refuse to consider the application further.

Consent-granting authorities are discouraged from making changes to a signed application form. If an application contains any missing information, it is recommended that the consent-granting authority return the application to the applicant accompanied by a listing of the outstanding information.

Tip: To minimize delay in the approval process, application completeness should be determined as soon as the application is received.

Checklist for Step 2: Complete application

  • Record the date when both the application and fees have been received.
  • Determine if the application is complete. (see Appendix 6)
  • Notify the applicant accordingly. If any requirements are missing, consider refusing to further consider the application until all the information has been received [Planning Act, s. 53(4)]. (see Appendix 7)

To obtain a copy of the consent application of the Ministry of Municipal Affairs and Housing, please visit Ontario.ca/LandUsePlanning.

Where there is a dispute

If the applicant wishes to dispute a decision made by a consent-granting authority on whether the application is complete, the applicant can make a motion to the Ontario Municipal Board. The Ontario Municipal Board will make a decision to determine if the application is complete or if the information requirements set out in the official plan are reasonable. The Board’s decision is not subject to appeal.

3 Notice of application

[Planning Act, ss. 53(5)-(6), (7.1)]

The Planning Act recognizes the importance of providing the public with the opportunity to comment by requiring that public notice of the application be given. If the consent-granting authority is an upper-tier municipality (i.e., a regional municipality or a county), it may request that the relevant lower-tier municipality carry out this step.

Terminology

Upper-tier municipality: refers to a regional municipality or a county

Lower-tier municipality: refers to a municipality that is situated within the administrative boundaries of an upper-tier municipality

Single-tier municipality: refers to a municipality that does not have an upper-tier municipality presiding over it

Tip: The Ontario Municipal Board may dismiss an appellant’s appeal if they did not make written or oral submissions prior to the consent-granting authority’s decision.

14 DAYS - If the application is deemed complete, public notice of the application must be given at least 14 days before a decision is made

Checklist for Step 3: Notice of application

  • For upper-tier municipalities, decide who will give notice of the application – the upper-tier or a local municipality having jurisdiction over the subject land [Planning Act, s. 53(6)].
  • Where the Minister is the consent-granting authority, decide who will give notice of the application – the Minister, a local municipality or planning board having jurisdiction over the subject land.

Where the consent-granting authority is giving notice:

  • Prepare a notice containing an explanation of the application and other required information [O. Reg. 197/96, ss. 3(13) - (14)]. (see Appendix 8)
  • Do one of the following:
    • Post the notice on the property and provide notice to owners within 60 m of the subject land, or
    • Publish the notice in a local newspaper (this may be the easiest option for lands in unincorporated areas) [Planning Act, s. 53(5)(a), O. Reg. 197/96, s. 3(2)1] (see Appendix 9)
  • Deliver the notice to:
    • every person and public body that has provided a written request for a notice
    • all other persons and public bodies (conservation authorities, Parks Canada, etc.) required under Ontario Regulation 197/96 [O. Reg. 197/96, ss. 3(8)-(9)]. (see Appendix 9)
  • Have copies of the application available to the public [Planning Act, s. 53(5) (a), O. Reg. 197/96, s. 3(13)].
  • Consider posting the notice on the municipality’s website as an additional way of informing the community about the application.

Where a lower-tier municipality or planning board has been requested by the consent-granting authority to give notice:

  • Receive the following from the lower-tier municipality within 15 days after the notice is given:
    • a certified copy of the notice
    • an affidavit or sworn declaration by an employee of the municipality that notice was completed in accordance with Planning Act requirements [Planning Act, s. 53(7.1), O. Reg. 197/96 s. 4]
  • Consider posting the notice on the applicable municipality’s website as an additional way of informing the community about the application.

4 Application review

[Planning Act, ss. 3(5), 51(24)]

During application review, the merits of the application are evaluated against local and provincial policies. The application may also be further circulated, to internal departments and other local agencies, to assist in the review of the proposal. Any comments received from the public or other bodies (e.g., utility companies) are also important considerations.

The careful review of applications based on planning principles can contribute to the long-term positive results a community desires. For example, it can ensure that municipal services and finances, such as costs for increased snowplowing, school busing and garbage collection, are not strained. It can also help to conserve the natural environment by avoiding the creation of lots that are too small to accommodate adequate sewage disposal systems or that encroach on environmentally sensitive features or habitat.

Individual consent applications can impact provincial and local interests directly (e.g., by proposing development in a wetland or a hazardous area) or indirectly through the cumulative impact of successive consents (e.g., on the quality of ground water or the cost of servicing development).

Planning report

A planning report should be completed (by municipal or planning board staff or a consultant) to determine if the application reflects planning principles embodied in provincial and local planning policies, as further identified below. Reference to any applicable department, agency or other public-body comments that support the analysis should be provided, along with how comments could potentially be addressed.

Planning criteria

The Planning Act sets the standard to which provincial interests, provincial and local policies and goals are implemented. Accordingly, in order to recommend a proposal for approval, the application must:

  • Have regard to the matters of provincial interest listed in section 2 of the Planning Act (see Appendix 1)
  • Be consistent with the Provincial Policy Statement
  • Conform or not conflict with all applicable provincial plans (see Appendix 4)
  • Have regard to criteria listed in subsection 51(24) of the Planning Act (see Appendix 3)
  • Conform with the official plan(s) (in a two-tier structure, this includes both the upper- and lower-tier official plans)*
  • Comply with the local zoning by-law, Minister’s zoning order or development permit by-law*

In addition to assessing compliance with the above planning criteria, potential benefits from an existing and applicable community improvement plan may also be identified as part of the report.

*Conformity with the official plan(s) is a prerequisite to granting provisional consent (see Decision). If the application does not conform with the official plan(s), the applicant should be asked to submit an application for an official plan amendment and obtain approval from the planning approval authority prior to further consideration of the consent application. Hopefully, this would have been communicated to the applicant at the pre-consultation stage.

If the application does not comply with the zoning by-law, Minister’s zoning order or a development permit by-law, approval of a zoning by- law amendment, Minister’s zoning order amendment, or a development permit may be included as a condition of provisional consent.

Conditions

If the planning analysis supports granting a consent, recommended conditions should be prepared as part of the planning report. Conditions are usually attached to a decision to secure development requirements. Often, comments received from agencies or other public bodies request certain conditions of approval.

Deposited reference plan (R-plan)

A reference plan (survey) is required by section 81 of the Registry Act and by section 150 of the Land Titles Act prior to the registration of a deed, mortgage, etc. It is prepared by a surveyor and deposited at the local Land Registry Office. Land described in the transaction must comprise of a “part” delineated on a reference plan. It is strongly recommended that copies of a deposited reference plan be requested as a condition of approval to ensure that the consent is correctly represented on the plan.

Types of conditions

Subsection 53(12) of the Planning Act allows the consent- granting authority to impose any condition to a provisional consent, as long as it believes the condition is reasonable, having regard to the nature of the development proposed, including:

  • Provision of copies of a deposited reference plan completed by a surveyor
  • Conveyance of land for park or other public recreational purposes or payment of money in lieu thereof
  • Conveyance of land for matters such as road widenings, pedestrian and bicycle pathways and public transit right of ways
  • Provision of local services related to the proposed new lot(s)
  • Compliance with the applicable zoning by-law, development permit by-law or Minister’s zoning order
< 90 DAYS - Review and a decision on the application should not take longer than 90 days, after which time the applicant can appeal to the Ontario Municipal Board for failure to make a decision. The 90-day count begins from the date the complete application and any required fees were received.

Checklist for Step 4: Application review

  • Circulate the application to internal agencies and any other public bodies as necessary.
  • Review department, agency, Aboriginal and other public comments as they are received. Determine if further clarification is required.
  • Determine what, if any, additional information is needed from the applicant to complete the review of the application and advise the applicant accordingly.
  • Determine if there is a need for technical advice from a specialist to review any reports/ studies submitted.
  • Continue to meet with the applicant to address and resolve any issues that arise.
  • Complete a planning report that addresses, at a minimum, all the planning criteria described in this section. (see Appendix 10)
  • If the analysis supports granting provisional consent, include draft conditions in the report that could address agency comments and other concerns raised as well as all other requirements of the consent-granting authority.
  • Consider reminding any persons or public bodies submitting comments to the application that they must also submit a written request to be notified of the decision, in order to ensure that they will be notified (see Notice of decision).

5 Public meeting

A public meeting can be advantageous as it provides a forum for the consent- granting authority to hear from residents before making a decision. Although not a requirement of the Planning Act, many consent-granting authorities in Ontario choose to open their meetings to the public before making a decision on a consent application.

Tip: If a public meeting is held at the same forum as the meeting of all members of the consent- granting authority to make a decision on the application, efficiencies may be captured to save time and cost for both the public and the consent-granting authority.

Checklist for Step 5: Public meeting

For upper-tier municipalities, decide who will hold the public meetings: the upper-tier municipality or a local municipality.

  • Give notice of the public meeting if the council or planning board deems appropriate.
  • Record the names of all persons and publics bodies who made oral presentations at the public meeting.
  • Take minutes of the public meeting.
  • Record all submissions received.
  • Advise that there is a 20-day appeal period during which time any person or public body may appeal the decision.
  • Advise the public that if anyone wishes to be notified of the decision, a written request must be made to the consent-granting authority.

6 Decision

[Planning Act, ss. 53(12), (41)]

After considering the comments received, recommendations made, and evidence presented in the planning report, it is time to make a decision to approve or refuse the application.

Criteria for approval

As explained in Part I of this guide, all decisions related to planning matters must be made in accordance with the Province’s policy-led planning system. Therefore, the decision made by the consent-granting authority must:

  • Have regard to the matters of provincial interest listed in section 2 of the Planning Act (see Appendix 1)
  • Be consistent with the Provincial Policy Statement
  • Conform or not conflict with all applicable provincial plans (see Appendix 4)
  • Have regard to criteria listed in subsection 51(24) of the Planning Act (see Appendix 3)
  • Conform with the official plan(s). This includes both the upper- and lower-tier official plans in a two-tier structure
  • Either comply with the applicable zoning by- law, Minister’s zoning order or development permit by-law, or make a decision that requires amendments to these as a condition of approval

In addition, agency requests should have been considered and conditions imposed where they are reasonable in the opinion of the consent-granting authority.

Conditions of approval

The Planning Act empowers the consent-granting authority to impose conditions on the approval of consent applications that it believes are reasonable, having regard to the nature of the development proposed. When a consent application is approved with conditions, it is referred to as a “provisional consent”.

There are usually conditions to fulfill, even if they are basic requests for a survey of the proposed new lot within the provisional consent period and other land ownership related information.

Stipulated and unstipulated consents

Where a parcel of land is conveyed with consent, the same identical parcel may be conveyed any number of times thereafter without the need to obtain consent. This may be referred to as an unstipulated consent and is commonly referred to with the phrase “once a consent always a consent”.

However, the Planning Act provides a mechanism for planning approval authorities to require approval for subsequent conveyances of the same parcel. This power is usually exercised for lot additions, since the suitability of the lot to be conveyed as a standalone parcel (not to be added to an abutting lot) would not have been reviewed. To be able to review and approve future conveyances of this same parcel, the consent-granting authority must stipulate in giving provisional consent that subsection 50(3) or (5) of the Planning Act apply to any subsequent conveyance of or transaction involving the same parcel. This may be referred to as a stipulated consent.

Lapsing of provisional consent

When granting provisional consent, the Planning Act legislates a timeframe of one year for the applicant to fulfill all conditions, otherwise the application is deemed to be refused pursuant to subsection 53(41).

90 Days - It is recommended that a decision is made within 90 days of the receipt of the complete application. If it is not, the applicant can appeal to the Ontario Municipal Board for failure to make a decision.

Checklist for Step 6: Decision

  • Consider the planning report and any supporting information and materials, including agency comments and issues raised at the public meeting, if one was held.
  • The decision has regard to the matters of provincial interest listed in section of the Planning Act [Planning Act, s. 2]. (see Appendix 1)
  • The decision is consistent with the Provincial Policy Statement [Planning Act, s. 3(5) (a)].
  • The decision conforms, or does not conflict with, all applicable provincial plans [Planning Act, s. 3(5) (b)].
  • The decision conforms to the policies in the official plan as it relates to the subject application [Planning Act, ss. 53(12) and 51(24)].
  • The decision does not compromise future compliance with site plan control (if the subject land falls within a site plan control area as defined in a site plan control by-law).
  • The decision complies with the zoning provisions in the zoning by- law, development permit by-law or Minister’s zoning order as it relates to the subject lands (an amendment can be a condition of approval if the consent would result in the creation of a lot(s) that does not comply with the applicable by-law or order).
  • The decision has regard for those matters described in s. 51(24) of the Planning Act [Planning Act, ss. 53(12) and 51(24)]. (see Appendix 3)
  • Conditions related to the provisional consent are reasonable, having regard to the nature of the development proposed. [Planning Act, ss. 53(12) and 51(25)].
  • If the consent-granting authority wishes that approval for consent be required for future conveyances of the severed lands (i.e., if the approval is for a lot addition), indicate this provision in the decision. Suggested wording: “Subsection 50(3) [or (5)] of the Planning Act shall apply to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent” [Planning Act, s. 50(12)].

7 Notice of decision

[Planning Act, s. 53(17)]

Once a decision has been made, written notice containing the decision must be given to the applicant and any persons and public bodies that submitted written requests to be notified of the decision. This notice must include a copy of the decision, information about the appeal provisions and all other information required under Ontario Regulation 197/96.

Checklist for Step 7: Notice of decision

  • Have a notice prepared containing all information required under Ontario
  • Regulation 197/96 [O. Reg. 197/96, s. 6(1)]. (see Appendix 11)
  • Send the notice to the applicant [Planning Act, s. 53(17) (a)].
  • Send the notice to any persons or public bodies that submitted written requests to be notified [Planning Act, s. 53(17) (b)].
  • Send the notice to the Minister, if the Minister has notified the council that he or she wishes to receive a copy of all decisions made to give a provisional consent [Planning Act, s. 53(17)(d)].
  • Consider having an employee sign a sworn declaration certifying that notice requirements have been complied with. The sworn declaration would be submitted to the Ontario Municipal Board as part of the record if there is an appeal [Planning Act, s. 53(22)]. (see Appeals) (see Appendix 12)
15 Days - Notice of the decision must be issued within 15 days from the date the decision was made.

8 Changes to conditions

[Planning Act, ss. 53(23)-(26)] (if necessary)

If the consent-granting authority wishes to amend conditions of the provisional consent, the Planning Act enables it to do so.

Notice requirements

If the changes are minor, no notice of the changes is required. If, however, the changes are not minor, notice of the changed conditions must be given within 15 days of the date the changes are made to the applicant and any persons and public bodies that submitted written requests to be notified of the changes.

Tip: Under the Planning Act, changes to the conditions of a provisional consent can be made any time prior to final approval.

Checklist for Step 8: Changes to conditions

  • Consult with any affected persons and/ or agencies as necessary.
  • Determine if the changes are appropriate.
  • Determine if the changes are minor. If the changes are minor, no further action is required in this step [Planning Act, s. 53(26)].

Continue below if the changes are not minor

  • Have a notice prepared containing all information required under Ontario Regulation 197/96 [Planning Act, s. 53(24), 0. Reg. 197/96, s. 7(1)]. (see Appendix 14)
  • Send the notice to the applicant and any prescribed persons and public bodies. [Planning Act, s. 53(24), 0. Reg. 197/96, s. 7(2)]
  • Send the notice to each person and public body that requested to be notified of changes to conditions in writing.
  • Send the notice to the Minister, if the Minister requested to be notified of changes to conditions [Planning Act, s. 53(24) (c)].
  • Consider having an employee sign a sworn declaration certifying that notice requirements have been complied with. The sworn declaration would be submitted to the Ontario Municipal Board as part of the record if there is an appeal [Planning Act, s. 53(22)]. (see Appeals) (see Appendix 15)

9 Appeals

[Planning Act, ss. 53(14), (15), (19), (27), (28)] (if applicable)

The Planning Act allows any person or public body to appeal the decision, conditions or changed conditions. In addition, as explained earlier, the applicant can appeal for non-decision if a decision is not made within 90 days of receiving a complete application. Once a notice of appeal is received, it must be forwarded along with the public record of the file to a local appeal body, if one is in place, or to the Ontario Municipal Board.

If appeals are withdrawn

If the appeal of a decision, conditions or of changed conditions is withdrawn within 15 days after the 20-day appeal period (see Appeals), the consent-granting authority is not required to forward the record to the Ontario Municipal Board.

Who can appeal

The applicant and any person or public body can appeal the decision, conditions or changed conditions (see Appeals).

Local appeal body

Having a local appeal body can enhance municipal autonomy and local decision making. The Planning Act empowers municipalities to establish their own local appeal body that may hold hearings on appeals related to consents and minor variances. Under the Act, a local appeal body has all the powers and duties of the Ontario Municipal Board with respect to consents and minor variances. References in this document to the Ontario Municipal Board should also be interpreted to apply to local appeal bodies as applicable.

The Ontario Municipal Board

If a municipality chooses not to set up a local appeal body, appeals related to consent applications would continue to be heard by the Ontario Municipal Board. The Ontario Municipal Board is an independent administrative tribunal responsible for hearing appeals and other matters, including land use planning applications. Board members are appointed by the Ontario Cabinet and are responsible for the adjudication of Board matters. For more information, visit Ontario Municipal Board or view the Citizen’s Guide on the Ontario Municipal Board at Ontario.ca/LandUsePlanning

Appeals

Subject Failure to make a decision within 90 days Decision Conditions of a provisional consent Changed conditions
Planning Act reference s.53(14) s.53(19) s.53(19) s.53(27)
Last day for filling a notice of appeal n/a 20 days after notice of decision is given 20 days after notice of decision is given 20 days after notice of decision is given
Applicant

Applicant

Any person or public body

Applicant

Any person or public body

Applicant

Any person or public body

Applicant

Any person or public body

Last day for filling a notice of appeal n/a 20 days after notice of decision is given 20 days after notice of decision is given 20 days after notice of decision is given
Items required to be submitted

Notice of appeal

Filing fee

Notice of appeal

Filing fee

Notice of appeal

Filing fee

Notice of appeal

Filing fee

When to forward the appeal to the Ontario Municipal Board Within 15 days after the notice is filed Within 15 days after the notice is filed Within 15 days after the notice is filed Within 15 days after the notice is filed

*This is not required if the appeal is withdrawn within the 15-day time period.

15 Days - The notice of the appeal, the Ontario Municipal Board’s filing fee and the record of the file must be forwarded to the Ontario Municipal Board within 15 days of receiving the notice of appeal or within 15 days after the last day for appeal, as the case may be.

Checklist for Step 9: Appeals

If no notice of appeal is received:

  • Consider having an employee sign a sworn declaration that no notice of appeal was filed within the time allowed for appeal. [Planning Act, s. 53(22)]. (see Appendices 13 and 16)

If a notice of appeal is received:

  • Verify that the appeal is received within the required timeframes set out in the Planning Act.
  • Verify that the reasons for the appeal have been provided.
  • Verify that the filing fee is included.
  • Prepare a record that contains all the information under Ontario Regulation 197/96 [0. Reg. 197/96, ss. 5 or 8]. (see Appendix 17)
  • Forward the record, notice of appeal and the filing fee to the Ontario Municipal Board within the legislated timeframes [Planning Act, ss. 53(15) (b), (28) (b)]. (see Appeals)

10 Hearing at the Ontario Municipal Board

[Planning Act, ss. 53(30) and (31)] (if applicable)

To defend provincial and local interests at the Ontario Municipal Board in the case of an appeal, the consent- granting authority has three options, as applicable:

  • negotiate with the appellant and any other parties to reach a settlement with a revised proposal;
  • prepare to defend the decision made in a full hearing (where a decision was made); or
  • seek to have the appeal dismissed without a hearing.

Criteria for a decision

Under the Planning Act, the Ontario Municipal Board is bound by the same planning considerations as the consent-granting authority when making a decision. That is, the decision must:

  • Have regard to the matters of provincial interest listed in section 2 of the Planning Act (see Appendix 1)
  • Be consistent with the Provincial Policy Statement
  • Conform or not conflict with all applicable provincial plans (see Appendix 4)
  • Have regard to criteria listed in subsection 51(24) of the Planning Act (see Appendix 3)
  • Conform with the official plan(s) (in a two-tier structure, this includes both the upper- and lower-tier official plans)
  • Either comply with the applicable zoning by- law, Minister’s zoning order or development permit by-law, or make a decision that requires amendments to these as a condition of approval

Furthermore, section 2.1 of the Planning Act requires the Board to have regard to any planning decisions that have been made by the municipal council or approval authority relating to the same matter, and any supporting information and material that the municipal council or approval authority considered in making the decision.

Settlement

Often, prior to the Board reaching a decision on an appeal, parties may decide to resolve issues and come to a mutually acceptable solution (settlement). In general, a settlement will still need= to be justified and approved before the Ontario Municipal Board. Parties should ensure that there is sufficient planning rationale based on the above-mentioned criteria to support the proposed settlement.

Dismissal without a hearing

Under the Planning Act, the Ontario Municipal Board may dismiss an appeal without holding a hearing on a number of grounds such as:

  • It is of the opinion that:
    • i. the reasons set out in the notice of appeal do not disclose any apparent land-use planning grounds
    • ii. the appeal is frivolous, vexatious or made in bad faith
    • iii. the appeal is made only for the purpose of delay, and/ or
    • iv. the appellant has repeatedly and unreasonably commenced appeals that constitute an abuse of process.
  • The appellant did not make oral submissions at a public meeting or did not make written submissions to the consent- granting authority before a decision on the application was made, and in the opinion of the Board, the appellant does not provide a reasonable explanation for failure to make a submission.
  • The appellant has not provided written reasons for the appeal.
  • The appellant has not paid the filing fee.
  • The appellant has not responded to a request by Board for further information.

Tip: Visit the Ontario Municipal Board for information on hearing procedures.

Checklist for Step 10: Hearing at the Ontario Municipal Board

  • Determine if provincial and municipal interests may be affected by the appeal.
  • Consider one of the following three options:
    • seek to have the appeal dismissed without a hearing;
    • prepare to defend the decision on the application (where a decision was made); or
    • negotiate with the appellant(s) and any other parties to reach a settlement with a revised proposal.
  • For the latter two cases, there must be a planning rationale in support of the decision or the negotiated settlement.

If the Ontario Municipal Board makes a decision to give provisional consent, it is the consent-granting authority’s responsibility to grant consent once it is satisfied that all conditions have been fulfilled – see next step [Planning Act, s. 53(39)].

For information on appeal procedures, visit Ontario Municipal Board

11 Granting of consent

[Planning Act, ss. 53(39)-(43)]

A consent is granted when the consent-granting authority is satisfied that all conditions imposed on the provisional consent have been fulfilled. When a consent is given, a certificate stating that the consent was given, that the provisions of the Planning Act leading to the consent were complied with, and that the consent- granting authority had jurisdiction to grant the consent acts as conclusive evidence that consent was given for the transaction.

Where the deed or other legal document relating to the consent is readily available, the certificate may take the form of a certificate stamp on the document containing the appropriate signature. If the deed or other legal document is not available, a separate paper certificate is given to the applicant that contains an added legal description of the land to which the consent applies.

Two-year validity

Subsection 53(43) provides that the applicant must carry out the proposed transaction (e.g., mortgage, transfer) within 2 years from the date of the certificate (or earlier if the consent-granting authority specified such), otherwise the consent lapses. As such, it is advisable to issue the certificate as soon as all conditions have been fulfilled so that the two-year period (or a reduced period specified by the consent- granting authority) can start to run.

1 Year - All conditions of approval must have been fulfilled within one year of the decision before the consent is given.*

*If no appeals are received, the one year period starts running from the date the notice of decision, or the notice of any changes to conditions, is given, whichever is later. If appeals are received, the time limit begins from the date the Ontario Municipal Board issues a notice informing the consent- granting authority that all appeals have been withdrawn or dismissed, or from the date the Ontario Municipal Board issues its final decision.

Granting of a consent

Did the consent-granting authority stipulate that ss. 50(3) or (5) of the Planning Act shall apply to any subsequent conveyances of the same parcel? Is the certificate to be attached to a legal instrument, such as a deed? Form
No Yes Use Form 1 as a stamp and affix onto the legal instrument (see Appendix 18).
No No Use Form 2 as a standalone paper certificate (see Appendix 18.
Yes Yes Use Form 3 as a stamp and affix onto the legal instrument (see Appendix 18).
Yes No Use Form 4 as a standalone paper certificate (see Appendix 18.

Checklist for Step 11: Granting of a consent

  • Ensure that all conditions of provisional consent have been fulfilled within 1 year.
  • Issue a certificate to the applicant using the applicable form as conclusive evidence that consent has been given to the transaction [O. Reg. 197/96, s. 9]. (see Appendix 18)

Application for foreclosure or exercise of a power of sale

[Planning Act, ss. 50(18)-(18.1)]

Power of sale and foreclosures

When a borrower defaults on the payment of his/ her mortgage (or charge), the following options are among those available to the lender (e.g., the bank):

Power of sale:
enables the lender to force the sale of a mortgaged/ charged property where the borrower has defaulted

Foreclosure:
a court process that is initiated by the lender in order to terminate the borrower’s rights of redemption in a property

Circumstances where an application is required

Pursuant to subsection 50(18) of the Planning Act, a foreclosure or power of sale must include all the lands subject to the mortgage (or charge) to have effect in law. Where only a part of the land that is subject to the mortgage or charge is included in the foreclosure or power of sale proceedings, a consent-granting authority must approve the transaction before it can be registered to ensure that all planning criteria are met, except in certain circumstances.

Please note that where the authority to grant consents was delegated by the Minister of Municipal Affairs and Housing, the authority to approve a foreclosure or a power of sale remains with the Minister unless the Minister has delegated this power separately.

Appeals are not permitted

There are no appeal provisions for a decision by the consent-granting authority with respect to an application for a foreclosure or exercise of a power of sale. The decision made by the consent-granting authority on the application is final.

Criteria for approval

In order for the consent- granting authority to approve a foreclosure or exercise of a power of sale, the following planning criteria must be met:

  • the application has regard to the matters of provincial interest listed in section 2 of the Planning Act (see Appendix 1)
  • the application is consistent with the Provincial Policy Statement
  • the application conforms or does not conflict with all applicable provincial plans (see Appendix 4)
  • the application conforms with the official plan(s). This includes both the upper- and lower-tier official plans in a two-tier structure
  • the application conforms with the zoning by-law and any Minister’s zoning order (where there is a development permit by-law, the application should conform to it as well)
Exceptions under the Planning Act

An application for a foreclosure or exercise of a power of sale is not required by the Planning Act where the land being foreclosed:

  • comprises the whole of one or more lots on a registered plan of subdivision;
  • does not abut (share a common boundary with) any other lands that are subject to the same mortgage (or charge);
  • was either previously conveyed with an unstipulated consent (i.e., subsection (3) or (5) was not stipulated to apply to subsequent conveyance or transaction) or is the retained portion of land, the other part of which was previously conveyed with an unstipulated consent.

Checklist: Processing an application foreclosure or exercise of a power of sale

  • The approval must be consistent with the Provincial Policy Statement and conform or not conflict with all applicable provincial plans [Planning Act, s. 3(5)]
  • The approval has regard to provincial interests in section 2 of the Planning Act. (see Appendix 2)
  • The approval must conform with the official plan [0. Reg. 150/95, s. 1(a)].
  • The approval must comply with the zoning by-law or a Minister’s zoning order (where there is a development permit by- law, the application should conform to it as well) [O. Reg. 150/95, s. 1(b)-(c)].

Application for a validation certificate

[Planning Act, s. 57]

A validation certificate is used to validate the legality of parcels of land whose creation contravened the Planning Act. For example, an owner who owns parcel A buys an abutting parcel B, then sells parcel A to a purchaser without obtaining consent from the consent- granting authority (the parcels do not represent lots on a registered plan of subdivision nor are they parcels previously conveyed with an unstipulated consent). Because the owner retained interest in the abutting property (parcel B), this transaction is an attempt to divide land. Without obtaining consent from the same public body with authority to create new parcels of land, the transfer to the purchaser is invalid. A validation certificate would validate the transfer.

Criteria for approval

  • In order for the consent- granting authority to give a validation certificate, the following planning criteria must be met:
  • the application has regard to the matters of provincial interest listed in section 2 of the Planning Act (see Appendix 1)
  • the application is consistent with the Provincial Policy Statement
  • the application conforms or does not conflict with all applicable provincial plans (see Appendix 4)
  • the application has regard to the criteria set out in subsection 51(24) of the Planning Act;
  • the application conforms with the official plan(s). This includes both the upper- and lower-tier official plans in a two-tier structure the application conforms with the zoning by-law and any Minister’s zoning order (where there is a development permit by-law, the application should conform to it as well)

If the original owner is available to sign a consent application, it is best to advise that a consent application be submitted.

Tip: Please note that where the authority to grant consents was delegated by the Minister of Municipal Affairs and Housing, the authority to give validations remains with the Minister unless the Minister has delegated this power separately.

Checklist: Processing an application for a validation certificate

  • Is the original owner that conveyed the land in contravention of the Planning Act available? If yes, advise the applicant to request that the owner sign a consent application instead of seeking a validation certificate.

If the original owner is not available:

  • Ensure the application has regard to the matters of provincial interest listed in section 2 of the Planning Act.
  • Ensure the application is consistent with the Provincial Policy Statement and conforms or does not conflict with all applicable provincial plans [Planning Act, s. 3(5)].
  • Ensure the application has regard for matters described under subsection 51(24) of the Planning Act [O. Reg. 144/95, s. 1(1)].
  • Ensure the application conforms with the official plan(s) [O. Reg. 144/95, s. 1(2) (a)].
  • Ensure the application complies with the applicable zoning by-law or Minister's zoning order (where there is a development permit by-law, the application should conform to it as well) [0. Reg. 144/95, s. 1(2) (b)-(c)].
  • Ensure that any conditions against the property are included as necessary.
  • Issue a validation certificate, as considered appropriate. (see Appendix 19)

Part three – Appendices

Appendix 1

Early consultation – Provincial interests listed in section 2 of the Planning Act

All planning decisions must have regard to the matters of provincial interests listed in section 2 of the Planning Act. These are:

  • The protection of ecological systems, including natural areas, features and functions;
  • The protection of the agricultural resources of the Province;
  • The conservation and management of natural resources and the mineral resource base;
  • The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;
  • The supply, efficient use and conservation of energy and water;
  • The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
  • The minimization of waste
  • The orderly development of safe and healthy communities;
  • The accessibility for persons with disabilities to all facilities, services and matters to which the Planning Act applies;
  • The adequate provision and distribution of educational, health, social, cultural and recreational facilities;
  • The adequate provision of a full range of housing, including affordable housing;
  • The adequate provision of employment opportunities;
  • The protection of the financial and economic well-being of the Province and its municipalities;
  • The co-ordination of planning activities of public bodies;
  • The resolution of planning conflicts involving public and private interests;
  • The protection of public health and safety;
  • The appropriate location of growth and development;
  • The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.


Appendix 2

Early consultation – Preliminary evaluation checklist for the Provincial Policy Statement, 2005

The following checklist is intended to assist consent-granting authorities in the preliminary assessment of planning applications. A “check” answer to a given question does not automatically dictate a particular outcome but may indicate an area where detailed consideration will be required by an approval authority. A thorough review of the application requires that you read the Provincial Policy Statement, 2005 in its entirety and apply all relevant policies to each situation. Some considerations may be applied later in the approval process.

Preliminary evaluation checklist

Subject Question See PPS Policies Check Box
Settlement Areas If the subject lands are located in a settlement area, does the application represent opportunities for intensification and redevelopment? Suggested examples: the application is an infill development, the application proposes a higher density that currently exists 1.1.3.2 a and b
Rural Areas If the subject lands are located in a rural area: Is the proposed use related to one of the following:
  • i) the management or use of resources
  • ii) resource-based recreational activities
  • iii) limited residential development
  • iv) other rural land uses
1.1.4.1
Rural Areas Does the application comply with the Minimum Distance Separation formulae? 1.1.4.1 c
Employment Areas If the subject lands are located in an employment area, does the application represent employment uses (e.g., manufacturing, warehouse and office and associated retail)? 1.3.2
Housing Are the subject lands located where appropriate levels of infrastructure and public service facilities are or will be available? 1.4.3 c
Public Space Does the application provide public access to shorelines, where they exist? 1.5.1 c
Sewage and Water Does the application use existing municipal sewage services and municipal water services? 1.6.4.1 to 1.6.4.5
Sewage and Water Is there confirmation of sufficient reserve sewage capacity and reserve water system capacity? 1.6.4.1 e
Transportation Does the application make efficient use of existing and planned infrastructure? Preference is for publicly owned and maintained road access to all lots. 1.6.5.2
Airports Are the subject lands in the vicinity of airports? 1.6.7.1 and 1.6.7.2

Subject Do the subject lands contain: See PPS Policies Check Box
Natural Heritage Areas significant habitat of endangered species and threatened species? 2.1.3a
Natural Heritage Areas significant wetlands? 2.1.3b and 2.1.4a
Natural Heritage Areas significant coastal wetlands? 2.1.3c
Natural Heritage Areas significant woodlands? 2.1.4b
Natural Heritage Areas significant valleylands? 2.1.4c
Natural Heritage Areas significant wildlife habitat? 2.1.4d
Natural Heritage Areas significant areas of natural and scientific interest (ANSI)? 2.1.4e
Natural Heritage Areas lands that are adjacent to natural heritage features and areas? 2.1.6
Natural Heritage Areas lands that are in or near sensitive surface water features and sensitive ground water features? 2.2.2
Prime Agricultural Areas prime agricultural areas? 2.3.1

Subject Are the subject lands: See PPS Policies Check Box
Mineral Aggregate Resource Areas near a mineral aggregate operation and may interfere with it? 2.5.2.4
Mineral Aggregate Resource Areas in areas adjacent to or in known mineral deposits or known petroleum resources and in significant areas of mineral potential and significant areas of petroleum potential? 2.4.2.2
Minerals and Petroleum Areas in areas adjacent to or in known deposits of mineral aggregate resources (e.g., gravel, sand, limestone, shale, clay) and may interfere with it? 2.5.2.5

Subject Is the proposed development: See PPS Policies Check Box
Cultural Heritage and Archaeology Areas on lands containing archaeological resources or areas archaeological potential? 2.6.2
Cultural Heritage and Archaeology Areas on lands adjacent to the protected heritage property? 2.6.3

Subject Are the subject land within: See PPS Policies Check Box
Natural Hazards the dynamic beach hazard? 3.1.2a
Natural Hazards portions of the one-hundred-year flood level along connecting channels? 3.1.2b
Natural Hazards areas inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/ or dynamic beach hazards? 3.1.2c
Natural Hazards a floodway? 3.1.2.d
Natural Hazards hazardous lands or hazardous sites? 3.1.4 and 3.1.6

Subject Is the proposed development on abutting or adjacent to lands affected by: See PPS Policies Check Box
Human-made Hazards Areas mine hazards? 3.2.1
Human-made Hazards Areas oil, gas and salt hazards? 3.2.1
Human-made Hazards Areas former mineral mining operations, mineral aggregate operations or petroleum resource operations? 3.2.2


Appendix 3

Early consultation – Planning Act Criteria

[s. 51(24)]

Planning Act criteria checklist

Does the application have regard to See Planning Act section Check Box
the health, safety, convenience, accessibility for persons with disabilities and the welfare of present and future residents of the community? s.51 (24)
the matters of provincial interest in section 2 of the Planning Act? s.51 (24) (a)
whether the proposed consent is premature or in the public interest? s.51 (24) (b)
whether the proposed consent conforms to the official plan and adjacent plans of subdivision, if any? s.51 (24)(c)
whether the land is suitable for the proposed use? s. 51(24)(d)
whether road access is adequate? s. 51(24)(e)
whether the provision of municipal services is adequate, such as water supply, wastewater systems, garbage collection, snow removal, fire protection and school busing? s. 51(24)(i)

whether the provision of primary and secondary schools are adequate?

s. 51(24) (j)
whether the availability of utilities (i.e., gas, electricity, cable) is adequate? s. 51(24)(i)
the dimensions and shapes of the proposed lots? s. 51(24)(f)
whether there are any restrictions, or proposed restrictions, on the subject land and proposed buildings, or adjoining land and buildings? s. 51(24)(g)
whether natural resources are conserved and flood control is mitigated? s. 51(24)(h)
whether there is adequate provision of parks and open spaces? s. 51(24)(k)
whether the layout of any new lots proposed by the consent optimizes energy efficiency? s. 51(24)(l)
the interrelationship between the proposed consent and site plan control matters, as applicable? s. 51(24)(m)


Appendix 4

Early consultation – Conformity with Provincial Plans

If the subject lands are located in any of the areas governed by the plans listed below or any other provincial plans, ensure that the application conforms with the applicable policies.

  • Central Pickering Development Plan
  • Greenbelt Plan 2005
  • Growth Plan for Northern Ontario 2011
  • Lake Simcoe Protection Plan
  • Oak Ridges Moraine
  • Places to Grow
  • The Niagara Escarpment Plan
  • The Parkway Belt West Plan


Appendix 5

Early Consultation – Some additional permit and approval requirements

The list below recommends who may be contacted for technical information/ other permits and approval in specific areas, but is not intended to be exhaustive

Approval Type Access onto provincial highway Agency
Entrance Permit (Public Transportation and Highway Improvement Act) Required for plans of subdivision/ condominium that are in close proximity to a provincial highway or have the potential to impact upon a provincial highway. Contact your local Ministry of Transportation office for more information.

Approval Type Permission for sewage work Agency
Part 8 permit (Building Code) Required for consents proposed on small, private sewage servicing systems, generating 10,000 or less litres of effluent per day on one lot. Contact your local municipality, public health unit or area conservation authority (if there is no health unit).
Certificate of Approval (Environmental Protection Act) Required for consents proposed on larger sewage systems that generate more than 10,000 litres of effluent per day on one lot. Contact your local Ministry of the Environment office.

Approval Type Contaminated site Agency
Environmental Site Assessment (ESA) Completed by a qualified person for proposed sensitive land uses on sites with potential soil contamination to determine the extent of contamination and recommend actions for site remediation. Contact your local Ministry of the Environment office.
Record of Site Condition (RSC) (Environmental Protection Act) Required where the proposal represents a change in activity from industrial, commercial or community use to a more sensitive land use, such as residential or schools. Contact your local Ministry of the Environment office, or visit Brownfields Ontario.

Approval Type Conservation of Natural heritage systems Agency
Permit for Alteration to Shoreline Required prior to any site alteration or erecting of structures where a proposed severance has potential to impact in natural heritage areas of alteration to a shoreline. Contact your local area conservation authority or the Ministry of Natural Resources office.

Approval Type Permit to Take Water Agency
Permit to Take Water (Ontario Water Resources Act) Required when more than 50,000 litres of water in a day from wells or a surface water supply is proposed to be taken. Contact your local Ministry of the Environment office for more details.


Appendix 6

Complete application – Components of a complete application

[O. Reg. 197/96]

The consent-granting authority can require all of the information below from the applicant as part of a complete application for consent.

Question Information to be submitted (O.REG. 197/96, Schedule I) Check Box
1 The name, address, telephone number and, if applicable, the e-mail address of the owner of the subject land, and of the agent if the applicant is the owner’s authorized agent.
2 The date of the application.
3 The type and purpose of the proposed transaction (for example, a transfer for the creation of a new lot, a lot addition, an easement, a charge, a lease or a correction of title)
4 If known, the name of the person to whom the land or an interest in the land is to be transferred, charged or leased
5 A description of the subject land, including such information as the municipality, or the geographic township in unorganized territory, concession and lot numbers, registered plan and lot numbers, reference plan and part numbers, and street names and numbers.
6 Whether there are any easements or restrictive covenants affecting the subject land.
7 A description of each easement or covenant and its effect, if question 6 is checked.

Question Question for land intended to be severed: Check Box
8a The frontage, depth and area, in metric units;
8b The existing and proposed uses of the land;
8c The existing and proposed buildings and structures on the land;
8d Whether access to the land will be, i) by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way, or ii) by water;
8e If access to the land will be by water only, the parking and docking facilities to be used and the approximate distance of these facilities from the land and the nearest public road;
8f Whether water will be provided by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake or other water body or other means; and
8g Whether sewage disposal will be provided by a publicly owned and operated sanitary sewage system, a privately owned and operated individual or communal septic system, a privy or other means.

Question Information to be submitted (O.REG. 197/96, Schedule I) Check Box
9a The frontage, depth and area, in metric units;
9b The existing and proposed uses of the land;
9c The existing and proposed buildings and structures on the land;
9d

Whether access to the land will be,

  • i) by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way, or
  • ii) by water;
9e If access to the land will be by water only, the parking and docking facilities to be used and the approximate distance of these facilities from the land and the nearest public road;
9f Whether water will be provided by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake or other water body or other means; and
9g Whether sewage disposal will be provided by a publicly owned and operated sanitary sewage system, a privately owned and operated individual or communal septic system, a privy or other means.

Question Information to be submitted (O.REG. 197/96, Schedule I) Check Box
10 The current designation of the subject land in the applicable official plan
11

The following information if known by the applicant:

  • a) Whether the subject land has ever been the subject of an application for approval of a plan of subdivision under section 51 of the Act or a consent under section 53 of the Act; and
  • b) The file number of the application and the status of the application, if question 11a) applies
12 Whether any land has been severed from the parcel originally acquired by the owner of the subject land.
13 The date of the transfer, the name of the transferee and the uses of the severed land, if question 12 is checked.
14

The following information if known by the applicant:

  • a) Whether the subject land is the subject of any other application under the Act, such as an application for an amendment to an official plan, a zoning by-law or a Minister’s zoning order, an application for a minor variance or an application for an approval of a plan of subdivision or a consent; and
  • b) The file number of the application and the status of the application, if question 14a) applies.
15 Whether the application is consistent with policy statements issued under subsection 3(1) of the Act.
16 Whether the subject land is within an area of land designated under any provincial plan(s).
17 Whether the application conforms to or does not conflict with the applicable provincial plan(s), if question 16 is checked.)
18 If the applicant is not the owner of the subject land, the owner’s written authorization to the applicant to make the application.
19 An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is accurate.

Question A sketch is submitted as part of the application showing the following, in metric units: Check Box
20a The boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;
20b The approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing;
20c The boundaries and dimensions of the subject land, the part that is intended to be severed and the part that is intended to be retained;
20d The location of all land previously severed from the parcel originally acquired by the current owner of the subject land;
20e

The approximate location of all natural and artificial features (for example, buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that,

  • i) are located on the subject land and on land that is adjacent to it, and
  • ii) in the applicant’s opinion, may affect the application;
20f The current uses of land that is adjacent to the subject land (for example, residential, agricultural or commercial);
20g The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a publicly travelled road, a private road or a right of way;
20h If access to the subject land will be by water only, the location of the parking and boat docking facilities to be used; and
20i The location and nature of any easement affecting the subject land.

Question Official plan requirements Check Box
21 Any information (e.g., reports or studies) required by your official plan(s).

Question Application Fees Check Box
22 Application fees in the amount indicated in your local tariff of fees.


Appendix 7

Complete application – Possible format of a letter acknowledging the receipt of a complete application

(insert letterhead)

__________, 20 __________

Subject: File No.:__________
Address:__________
Municipality: __________
Legal description: __________

Dear Sir/ Madam,

This letter is to acknowledge receipt of the information dated __________, 20 __________ and to advise that the application for consent has been determined to be complete in accordance with the Planning Act.

The __________ (enter name of the consent-granting authority) will begin processing the application as soon as possible. You will be advised of the date set by __________ (enter name of the consent-granting authority) to consider your application as soon as it is set.

Should you have any questions or concerns, do not hesitate to contact our office.

Sincerely,

__________
(consent-granting authority designate)


Appendix 8

Notice of application – Content requirements of a notice of application

[O. Reg. 197/96, SS. 3(13)-(14)]

Content requirement for all methods of giving notice

(Except by posting on the property)

  1. An explanation of the purpose and effect of the application
  2. A description of the subject land, a key map showing the subject land, or an explanation why no description or key map is provided
  3. Where and when additional information and material regarding the application will be available to the public for inspection
  4. The statement: “If a person or public body that files an appeal of a decision of __________ (enter name of the consent-granting authority) in respect of the proposed consent does not make written submissions to __________ (enter name of the consent-granting authority) before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.”
  5. The statement: “If you wish to be notified of the decision of __________ (enter name of the consent-granting authority) in respect of the proposed consent, you must make a written request to __________ (enter name and address of the consent-granting authority).”
  6. The statement (if applicable) informing that the subject land is the subject of an application under the Planning Act for a minor variance or an amendment to an official plan, a zoning by-law or a Minister’s zoning order

Content requirement for giving notice by posting on the property

  1. An explanation of the purpose and effect of the application
  2. Where and when additional information and material regarding the application will be available to the public for inspection
  3. How to obtain a copy of the notice of the application

Notice of application – Possible format of a notice of application for lot severance

Notice of a consent application (and public meeting)=

(insert letterhead)

The __________ (enter name of the consent-granting authority) is in receipt of a consent application, for lands located at __________ (enter municipal address), as shown on the map below.

(Time and location of the public meeting)
Date: __________, 20 __________
Time: __________: __________
Location: _________

Purpose and effect of the proposed application

The subject land is located __________ (east/ west) of __________ (enter name of road) and __________ (north/ south) of __________ (enter name of road), in __________ (enter name of community). The proposed severed parcel(s) has a frontage(s) of __________ m on __________ (enter name of road) and area(s) of __________ m2. The proposed retained parcel has a frontage of __________ m on (enter name of road) and an area of __________ m2. The proposed severed parcel(s) is to be used for __________. The proposed retained parcel is to be used for __________. See map below.

This application is being considered in conjunction with an application under the Planning Act for __________ (enter minor variance/ zoning by-law amendment/ official plan amendment/ site plan/ Minister’s zoning order), File No.(s): __________.

Notes regarding your rights

If a person or public body that files an appeal of a decision of __________ (enter name of the consent-granting authority) in respect of the proposed consent does not make written submissions to __________ (enter name of the consent-granting authority) before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal.

If you wish to be notified of the decision of __________ (enter name of the consent-granting authority) in respect of the proposed consent, you must make a written request to __________ (enter name and address of the consent-granting authority).

For more information

Additional information is available for inspection at the municipal office by contacting __________ at__________ or by e-mail at__________ quoting File No.: __________.

Subject property
(insert here)


Appendix 9

Notice of application – Persons and public bodies to whom a notice of application must be given

[O. Reg. 197/96, s. 3]

Notice of application checklist

Question Persons or Public Bodies to whom notice must be given Method O.Reg. 197/96 Check Box
1a a) Every landowner* with the 60m of the subject land (see below for details)

b) At every separately assessed property within the subject application, or, if this is impractical, at a nearby location chosen by the official**
Ordinary mail or personal service

Physical posting that is clearly legible from a place where the public has accesss.
s. 3 (3)
1b In a newspaper that in the official’s** opinion is of sufficient circulation in the area that it would give the public in the area reasonable notice of the application. Newspaper advertisement s. 3 (6)
2 Every person or public body that has given the consent-granting authority a written request for notice Ordinary mail; personal service or fax s. 3 (8)
3 The clerk of every local municipality in which the subject land is located, or the secretary- treasurer of every municipal planning authority or planning board in whose planning area the subject land is located Ordinary mail; personal service or fax 3(9), para 1
4 The clerk of every upper-tier municipality in which the subject land is located Ordinary mail; personal service or fax s. 3(9), para 2
5 The secretary-treasurer of a conservation authority in whose jurisdiction the subject land is located, if applicable Ordinary mail; personal service or fax s. 3(9), para 3
6 Every propane operator of a propane operation, if any part of the propane operation’s hazard distance is within the subject land, and the consent-granting authority has been notified of the propane operation’s hazard distance by a director appointed under section 4 of the Technical Standards and Safety Act, 2000 Ordinary mail; personal service or fax s. 3(9), para 3.1
7 TransCanada Pipelines Limited, if any of the subject land is within 200m of a pipeline owned and operated by TransCanada Pipelines Limited Ordinary mail; personal service or fax s. 3(9), para 4
8 If any of the subject land is within 300m of a railway line, the secretary of the company operating the railway line Ordinary mail; personal service or fax s. 3(9), para 5
9 If any of the subject land is within or abuts the area covered by the Niagara Escarpment Plan, the Senior Planner of the district office of the Niagara Escarpment Commission having jurisdiction over that land or the area that it abuts, as the case may be Ordinary mail; personal service or fax s. 3(9), para 6
10 The Niagara Parks Commission, if any of the subject land adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission Ordinary mail; personal service or fax s. 3(9), para 7
11 The St. Lawrence Parks Commission, if any of the subject land adjoins the 1000 Islands Parkway and is within the jurisdiction of the St. Lawrence Parks Commission under section 9 of the St. Lawrence Parks Commission Act Ordinary mail; personal service or fax s. 3(9), para 8
12 Parks Canada, if any of the subject lands adjoins a historic site, park or historic canal under the jurisdiction of Parks Canada Ordinary mail; personal service or fax s. 3(9), para 9
13 The chief of every First Nation council, if the First Nation is located on a reserve any part of which is within one kilometre of the subject Ordinary mail; personal service or fax s. 3(9), para 10
14 The regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region that includes the municipality or planning area where the subject land is located, only if the regional director has given the consent-granting authority a written request to be given such notices Ordinary mail; personal service or fax s. 3(10)

Note 1: Attach copy of application.

Note 2: There will likely be other local/ regional/ provincial bodies that a consent-granting authority should consider providing notice to in order to ensure a comprehensive and meaningful analysis of the application. See Appendix 5 for a list of some potentially applicable additional public bodies.

*Who is the landowner?

The landowner is deemed the person shown on the last revised assessment roll of the municipality or on the current provincial land tax roll at the address shown on the roll. However, if the consent-granting authority is a municipality and the clerk of the municipality has received written notice of a change of ownership, the notice shall be given to the new owner instead, at the address set out in the notice of change of ownership.

If a condominium development is located within 60m of the subject land, notice may be given to the condominium corporation, according to its most recent address for service or mailing as registered under section 7 of the Condominium Act, 1998, instead of being given to all owners assessed in respect of the condominium development.

**Who is the official?

Consent-granting Authority Official

Consent-Granting Authority Official
 Council of the municipality Clerk of the municipality
Committee of the Council Clerk of the municipality
Land Division Committee Secretary-Treasurer of the land division committee
Committee of Adjustment Secretary-Treasurer of the Committee of Adjustment
Municipal Planning Authority Secretary-Treasurer of the Municipal Planning Authority
A committee of the Municipal Planning Authority Secretary-Treasurer of the Municipal Planning Authority
Appointed Officer Clerk of the municipality or Secretary-Treasurer of the municipal planning authority


Appendix 10

Application review – Possible format of a planning report

Planning report

File No.: __________
Applicant: __________
Address: __________
Municipality: __________
Legal description: __________

1. Application purpose

(Where there is a proposed lot severance)
The application proposes to sever a __________ m2 parcel with a frontage of __________ m, retaining a __________ m2 parcel with a frontage of __________ m on __________ (enter name of road). The conveyed parcel will be developed for __________. The retained parcel will be developed for __________.

(Where there is a proposed lot addition)
The application proposes to add a __________ m2 parcel to the (north/ east/ west/ south) for a total frontage of __________ m on __________ (enter name of road) and an area of __________ m2, retaining a __________ m2 parcel with a frontage of m on __________ (enter name of road). The conveyed parcel will be developed for __________. The retained parcel will be developed for __________.

(Where there is a proposed easement)
The application proposes to grant a __________ ha easement over a __________ m2 (residential/ commercial/ industrial) parcel in favour of __________ for __________ (e.g., stormwater, utility, access).

__________ (enter any other information related to the application purpose and background)

2. Consistency with the Provincial Policy Statement

Comments: __________
__________ (enter comments - in addition to staff’s own analysis, reference to any applicable agency or other comments should be provided)

The application (is/ is not) consistent with the Provincial Policy Statement.

3. Conformity with all applicable provincial plans

Comments: __________
__________ (enter comments - in addition to staff’s own analysis, reference to any applicable agency or other comments should be provided)

The application __________ (conforms or does not conflict with/ does not conform or conflicts with) __________ (enter name of the applicable provincial piano)

4. Conformity with the official plan(s)

Designation: __________
Official plan: __________
Comments: __________
__________ (enter comments - in addition to staff’s own analysis, reference to any applicable agency or other comments should be provided. If the application does not conform to the official plan, provide an explanation. Is there an application for an official plan amendment? If yes, what is the status of the application?)

The application (conforms/ does not conform) to the policies of the __________ (enter name of the official plan).

5. Compliance with the zoning by-law(s)

Zoning: __________
Zoning by-law: __________
Comments: __________
__________ (enter comments - in addition to staff’s own analysis, reference should be made to any applicable agency or other comments. If the application does not comply, provide an explanation)

The application (complies/ does not comply) with the requirements of the zoning by-law.

6. Compliance with any site plan control area by-law(s), as applicable

Comments: __________
__________ (enter comments - is an application for site plan control required? Has an application for site plan control been submitted? If a site plan control application has been submitted, does the application comply with design principles and approaches? (may be described in the official plan or available design guidelines))

7. Application of benefits under the community improvement project area by-law(s), as applicable

Community improvement plan area: __________

Comments: __________
__________ (enter comments - identify any benefits the applicant may be able to obtain from the municipality for the proposed development)

8. Community and consultation

Agency comments: __________
__________ (enter agency comments - provide a summary of comments from circulation to departments, agencies, utilities, etc., and how they could potentially be addressed)

Comments from residents: __________
__________ (enter comments from residents - provide a summary of comments received from the public and/ or at the public meeting and how they could potentially be addressed)

9. Other

Comments: __________
__________ (enter other comments - provide a summary of any documents submitted that have not been mentioned elsewhere)

10. Recommendation

The subject application is recommended to be (approved subject to the conditions as attached/ refused).

Attachments:

  1. Map showing applicable official plan, zoning by-law and any provincial plan designations/ zones
  2. Draft reference plan
  3. Other plans (elevation plans, grading plans, concept plans, etc.)
  4. Draft conditions
  5. Copies of written submissions

Application review – Sample conditions for a provisional content

General

That the applicant deposit a reference plan of survey in the Land Registry Office clearly delineating the parcels of land approved by __________ (enter name of the consent-granting authority) in this decision. A listing of the parts and their respective areas is required. __________ (enter number of copies) copies of the deposited Reference Plan are to be submitted.

Taxes

That prior to final approval by the __________ (enter name of the consent- granting authority), the owner provide confirmation of payment of all outstanding taxes.

Highways/ Roads

That __________ (identify land), to widen __________ (enter name of road/ highway) be dedicated as a public highway.

Parkland

That the owner convey __________ (enter percent conveyed: up to 5% for residential, up to 2% for commercial/ industrial) of the land included in the plan to the __________ (enter name of the municipality) for park purposes.

Servicing

That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority.

Zoning

That prior to final approval by the __________ (enter name of the consent- granting authority), we are advised by __________ (enter name of the applicable municipality) that the appropriate zoning is in place.

Note: Other conditions may be imposed to address matters raised by the municipality, circulated agencies and the public.


Appendix 11

Notice of decision – Content requirements of a notice of decision

[O. Reg. 197/96, s. 6(1)]

Content checklist

  • A copy of the decision, including any conditions
  • The last date for appeal
  • A statement that the notice of appeal must be filed with the consent-granting authority, must set out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board
  • A statement: “Only individuals, corporations and public bodies may appeal decisions in respect of applications for the consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.”
  • (if applicable) A statement providing the file numbers of other applications that the subject property is also subject to under the Planning Act (e.g., minor variance or an amendment to an official plan, a zoning by-law or a Minister’s zoning order).
  • (if applicable) A statement: “You will be entitled to receive notice of any changes to the conditions of the provisional consent if you have made a written request to be notified of changes to the conditions of the provisional consent”.

This notice must be sent by ordinary mail, personal service or fax to:

  • The applicant;
  • Each person or public body that made a written request to be notified of the decision or conditions;
  • The Minister of Municipal Affairs and Housing, if the Minister has notified the council that he or she wishes to receive a copy of all decisions made to give a provisional consent; and
  • The regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region where the subject land is located, if the regional director has given a written request to be notified of such decision [Planning Act, s. 53(17), O. Reg. 197/96, s. 6(2)]

Notice of decision – Possible format for a notice of decision (provisional consent)

Notice of decision
[Section 53 of the Planning Act]

__________, 20 __________

Notice of decision on application for consent
Address:__________
Owner: __________
Municipality: __________
File No.: __________

Dear Sir/ Madam,

Pursuant to section 53 of the Planning Act, (a provisional consent has been granted on the above application/ the above application was refused). Please find enclosed a copy of the decision.

The last date for appeal is __________ (enter date of this letter + 20 days). If by this date, no notice of appeal is received, the decision of the __________ (enter name of the consent- granting authority) is final and binding.

The __________ (enter name of the consent-granting authority) may, prior to the lapsing date, change a condition(s) of consent. You will be entitled to receive notice of any changes to the conditions of the provisional consent if you have made a written request to be notified of changes to the conditions of the provisional consent. The process of changing a condition will involve another twenty day appeal period, unless the __________ (enter name of the consent-granting authority) considers the change to be minor.

Any person or public body may appeal to the Ontario Municipal Board against the decision of the __________ (enter name of the consent-granting authority), or any conditions imposed by the __________ (enter name of the consent-granting authority), by sending a letter outlining the reasons for the appeal to the (municipal clerk/ secretary treasurer), accompanied by a filing fee of __________ as required by the Ontario Municipal Board. The fee must be paid by certified cheque or money order, in Canadian funds, payable to the Minister of Finance.

The application and associated files are available for public viewing Monday to Friday __________, __________: __________ a.m. to __________ p.m. at __________. The land is also the subject of __________ (enter minor variance/ zoning by-law amendment/ official plan amendment) application(s), File No.(s): __________

Sincerely,

__________
(consent-granting authority designate)

Subject property
(insert here)

Attachment A
(insert copy of the decision)


Appendix 12

Notice of decision – Sample affidavit or sworn declaration that notice of decision has been given

[Planning Act, s. 53(22)]

Affidavit

I __________ (enter name of employee) of the __________ (enter municipality or planning board) in the __________ (name of/ county/ region/ district/ province) solemnly declare that the requirements for giving notice under subsection 53(17) of the Planning Act have been complied with, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

Declared before me at: __________ (enter name of municipality) in the __________ (enter region / county/ district of)

this __________ day of __________ (enter month), __________ (enter month).

__________
(employee)

__________
(Commissioner of Oaths)


Appendix 13

Notice of decision – Sample of affidavit or sworn declaration that no notices of appeal (of the decision) were received within the appeal period

[Planning Act, s. 53(22)]

Affidavit

I __________ (enter name of employee) of the __________ (enter municipality or planning board) in the __________ (enter name of/ county/ region/ district/ province) solemnly declare that no notices of appeal were filed within the appeal period under subsection 53(19) of the Planning Act, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

Declared before me at: __________ (enter name of municipality) in the __________ (enter region / county/ district of)

this __________ day of __________ (enter month), __________ (enter month).

__________
(employee)

__________
(Commissioner of Oaths)


Appendix 14

Change of conditions – Content requirements of a notice of change of conditions for changes that are not minor

[O. Reg. 197/96, s. 7(1)]

Content checklist

  • The proposed changed conditions
  • The last date for filing a notice of appeal of the conditions
  • A statement that the notice of appeal must be filed with the consent-granting authority, setting out the reasons for the appeal and must be accompanied by the fee required by the Ontario Municipal Board
  • The statement: “Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.”

This notice must be sent by ordinary mail, personal service or fax to:

  • The applicant;
  • Each person or public body who wrote a request to be informed of changes to the conditions;
  • The Minister of Municipal Affairs and Housing, if the Minister has notified the council that he or she wishes to receive a copy of the changes of conditions; and
  • The regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region where the subject land is located, if the regional director has given a written request to be notified of such changes [Planning Act, s. 53(24), O. Reg. 197/96, s. 7(2)]

Change of conditions – Possible format for a notice of changes to conditions

(insert letterhead)

Notice of changes to conditions
[Subsection 53(24) of the Planning Act]

File No.: __________
Owner(s): __________
Agent: __________
Property address: __________
Legal description: __________
Zoning: __________

Changes to conditions
Conditions for the above application have been revised and are attached as Attachment 1.

Last date of appeal to the Ontario Municipal Board: __________, 20 __________

To appeal this decision to the Ontario Municipal Board, send a letter outlining the reasons for the appeal to the __________ (municipal clerk/ secretary-treasurer), accompanied by a filing fee of $125.00 as required by the Ontario Municipal Board. The fee must be paid by certified cheque or money order, in Canadian funds, payable to the Minister of Finance.

Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.

Sincerely,

__________
(consent-granting authority designate)

Attachment 1
(insert changed conditions)


Appendix 15

Change of conditions – Sample affidavit or sworn declaration that notice of changes to conditions has been given

[Planning Act, s. 53(22)]

Affidavit

I __________ (enter name of employee) of the __________ (enter municipality or planning board) in the __________ (enter name of/ county/ region/ district/ province) solemnly declare that the requirements for giving notice under subsection 53(24) of the Planning Act have been complied with, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

Declared before me at: __________ (enter name of municipality) in the __________ (enter region / county/ district of)

this __________ day of __________ (enter month), __________ (enter month).

__________
(employee)

__________
(Commissioner of Oaths)


Appendix 16

Change of conditions – Sample affidavit or sworn declaration that no notices of appeal (of the change of conditions) were received

[Planning Act, s. 53(22)]

Affidavit

I __________ (enter name of employee) in the __________ (enter municipality or planning board) in the (name of/ county/ region/ district/ province) solemnly declare that no notices of appeal were filed within the appeal period under subsection 53(27) of the Planning Act, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act.

Declared before me at: __________ (enter name of municipality) in the __________ (enter region / county/ district of)

this __________ day of __________ (enter month), __________ (enter month).

__________
(employee)

__________
(Commissioner of Oaths)


Appendix 17

Appeal – Materials to be forwarded to the Ontario Municipal Board or local appeal body when there is an appeal

[O. Reg. 197/96, ss. 5 and 8]

Record of the application

Material to be forwarded to the Appeal Body Failure to make a decision* All other types of appeals
Original or certified copy of the application received by the consent-granting authority (this includes all the information and material comprising the complete application) X X
Copy of the decision of the consent-granting authority X X
Original or certified copy of the notice of appeal and the date it was received X X
Original or copy of all written submissions and comments received X X
If the consent-granting authority requested a local municipality to give notice of application, an affidavit or sworn declaration of an employee at the local municipality that the requirements for giving notice under s. 53(5) (a) of the Planning Act have been complied with X
A statement by an employee of the consent-granting authority as to whether the decision on the application:

i. is consistent with the Provincial Policy Statement, 2005
ii. conforms to or does not conflict with any applicable provincial plans
iii. conforms to the official plan of the consent-granting authority

X
If the consent-granting authority gave notice of application, an affidavit or sworn declaration from an employee of the consent-granting authority certifying that requirements for giving notice of decision and/or changed conditions (ss. 53(17) and (24) of the Planning Act) have been complied with X
If a public meeting is held, a copy of the minutes, if any, and a list of all persons and public bodies that made oral submissions X X
Copy of any planning report considered by the consent-granting authority X X
Filing fee for the Ontario Municipal Board X X

* See Planning Act s. 53(14)
**For the Ontario Municipal Board filing fee, visit Ontario Municipal Board

Ontario Municipal Board’s Municipal Submission Form

In addition, the Ontario Municipal Board has a Municipal Submission Form for the consent-granting authority to fill out when forwarding a notice of appeal. Please visit the Ontario Municipal Board Information


Appendix 18

Granting of a consent – Legislated format for certificates of official

[O. Reg. 197/96, Schedule I]

Form 1

This certificate may be used as a stamp on a legal instrument (a transfer or charge document that is provided by the applicant).

Certificate of official
Planning Act

Under subsection 53(42) of the Planning Act, I certify that the consent of the __________ (enter consent-granting authority) of the __________ of __________ was given on __________, 20 __________ to the transaction to which this instrument relates.

__________
(official)

Dated this __________ day of __________, 20 __________

Form 2

This certificate may be used as a stand-alone paper certificate in the absence of any legal instrument provided by the applicant.

Certificate of official
Planning Act

Under subsection 53(42) of the Planning Act, I certify that the consent of the __________ (enter consent-granting authority) of the __________ of __________ was given on __________, 20 __________ to a __________ (enter type of transaction, e.g., conveyance, mortgage) of the following land: __________ (enter legal description of the parcel of land that is the subject of the consent)

__________
(official)

Dated this __________ day of __________, 20 __________

Form 3

This certificate may be used as a stamp on a legal instrument (e.g., transfer, charge) and where approval of future conveyances of the same parcel of land is required.

Certificate of official
Planning Act

Under subsection 53(42) of the Planning Act, I certify that the consent of the __________ (enter consent-granting authority) of the __________ of __________ was given on __________, 20 __________ to the transaction to which this instrument relates.

Subsection __________ (50(3) or (5), as the case may be) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this consent.

__________
(official)

Dated this __________ day of __________, 20 __________

Form 4

This certificate may be used as a stand-alone paper certificate in the absence of any legal instruments and where approval of future conveyances of the same parcel of land is required.

Certificate of official
Planning Act

Under subsection 53(42) of the Planning Act, I certify that the consent of the __________ (enter consent-granting authority) of the __________ of __________ was given on __________, 20 __________ to a __________ (enter type of transaction, e.g., conveyance, mortgage) of the following land: __________ (enter legal description of the parcel of land that is the subject of the consent)

Subsection __________ (50(3) or (5), as the case may be) of the Planning Act applies to any subsequent conveyance or transaction involving the parcel of land that is the subject of this consent).

__________
(official)

Dated this __________ day of __________, 20 __________


Appendix 19

Application for a validation certificate – Possible formats for a validation certificate

Where authority is delegated to a designated officer:

Validation certificate

Under subsection 57(1) of the Planning Act, the (name of planning board/ council of name of the municipality) provides that the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1)(b), as it read on the 25th day of June, 1970, of the Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the following parcel of land:

__________ (enter legal description)

Dated this __________ day of __________, 20 __________

__________
(designated officer)

Where authority is not delegated to a designated officer:

Validation certificate

In accordance with the decision of the __________ dated __________, 20 __________ and subsection 57(1) of the Planning Act, the contravention of section 50 or a predecessor of it or of a by-law passed under a predecessor of section 50 or of an order made under clause 27 (1)(b), as it read on the 25th day of June, 1970, of the Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the following parcel of land:

__________ (enter legal description)

__________

(title)


Appendix 20

Land registry office locations

Central District

Dufferin
Land Registry Office No. 7
41 Broadway Avenue, Unit #7
Orangeville ON L9W 1J7
Tel: (519) 941-1481
Fax: (519) 941-6444

Durham
Land Registry Office No. 40
590 Rossland Road East
Whitby ON L1N 9G5
Tel: (905) 665-4007
Fax: (905) 665-5247

Halton
Land Registry Office No. 20
2800 Highpoint Drive
2nd Floor
Milton ON L9T 6P4
Tel: (905) 864-3500
Fax: (905) 864-3549

Muskoka
Land Registry Office No. 35
15 Dominion Street, Bracebridge ON P1L 2E7
Tel: (705) 645-4415
Fax: (705) 645-7826

Niagara North and South
Land Registry Office No. 30 (North) and No. 59 (South)
59 Church Street
St. Catharines ON L2R 3C3
Tel: (905) 684-6351
Fax: (905) 684-5874

Norfolk
Land Registry Office No. 37
Court House
50 Frederick Hobson VC Drive, Suite 201
Simoes ON N3Y 4K8
Tel: (519) 426-2216
Fax: (519) 426-9627

Peel
Land Registry Office No. 43
7765 Hurontario Street
Brampton ON L6W 4S8
Tel: (905) 874-4008
Fax: (905) 874-4012

Simcoe
Land Registry Office No. 51
Court House
114 Worsley Street
Barrie ON L4M 1M1
Tel: (705) 725-7232
Fax: (705) 725-7246

Toronto
Land Registry Office No. 64 and 66
20 Dundas Street West
Suite 420
Toronto ON M5G 2C2
Tel: (416) 314-4430
Fax: (416) 314-4453

Wentworth
Land Registry Office No. 62
119 King Street West 4th Floor
Hamilton ON L8P 4Y7
Tel: (905) 521-7561
Fax: (905) 521-7505

York Region
Land Registry Office No. 65
50 Bloomington Road, 3rd Floor
Aurora, ON L4G 0L8
Tel: 905-713-7798
Fax: 905-713-7799

Eastern District

Dundas
Land Registry Office No.8
8 - 5th Street West, PO Box 645
Morrisburg ON K0C 1X0
Tel: (613) 543-2583
Fax: (613) 543-4541

Frontenac
Land Registry Office No. 13
1 Court Street
Kingston ON K7L 2N4
Tel: (613) 548-6767
Fax: (613) 548-6766

Glengarry
Land Registry Office No. 14
63 Kenyon Street West
P.O. Box 668
Alexandria ON K0C 1A0
Tel: (613) 525-1315
Fax: (613) 525-0509

Grenville
Land Registry Office No. 15
499 Centre Street
P.O. Box 1660
Prescott ON K0E 1T0
Tel: (613) 925-3177
Fax: (613) 925-0302

Haliburton
Land Registry Office No. 19
12 Newcastle Street
Box 270
Minden ON K0M 2K0
Tel: (705) 286-1391
Fax: (705) 286-4324

Hastings
Land Registry Office No. 21
199 Front Street, Suite 109
Century Place
Belleville ON K8N 5H5
Tel: (613) 968-4597
Fax: (613) 968-3606

Lanark
Land Registry Office No. 27
2 Industrial Drive
P.O. Box 1180
Almonte ON K0A 1A0
Tel: (613) 256-1577
Fax: (613) 256-0940

Leeds
Land Registry Office No. 28
7 King St. West
Brockville ON K6V 3P7
Tel: (613) 345-5751
Fax: (613) 345-7390

Lennox
Land Registry Office No. 29
7 Snow Road, Unit #2
Napanee ON K7R OA2
Tel: (613) 354-3751
Fax: (613) 354-1474

Northumberland
Land Registry Office No. 39
1005 Elgin St. West, Suite 105
Cobourg ON K9A 5J4
Tel: (905) 372-3813
Fax: (905) 372-4758

Ottawa-Carleton
Land Registry Office No. 4
Court House
161 Elgin Street 4th Floor
Ottawa ON K2P 2K1
Tel: (613) 239-1230
Fax: (613) 239-1422

Peterborough
Land Registry Office No. 45
300 Water Street, 2nd Floor
P.O. Box 7000
Peterborough ON K9J 8M5
Tel: (705) 755-1342
Fax: (705) 755 1343

Prescott
Land Registry Office No. 46
179 Main Street East
Hawkesbury ON K6A 1A1
Tel: (613) 636-0314
Fax: (613) 636-0772

Prince Edward
Land Registry Office No. 47
1 Pitt Street
P.O. Box 1310
Picton ON K0K 2T0
Tel: (613) 476-3219
Fax: (613) 476-7908

Renfrew
Land Registry Office No. 49
400 Pembroke Street East
Pembroke ON K8A 3K8
Tel: (613) 732-8331
Fax: (613) 732-0297

Russell
Land Registry Office No. 50
1122 Concession Street
P.O. Box 10
Russell ON K4R 1C8
Tel: (613) 445-2138
Fax: (613) 445-0614

Stormont
Land Registry Office No. 52
127 Sydney Street
Cornwall ON K6H 3H1
Tel: (613) 932-4522
Fax: (613) 932-4524

Victoria
Land Registry Office No. 57
Provincial Court Building
440 Kent Street
West Lindsay ON K9V 6G8
Tel: (705) 324-4912
Fax: (705) 324-6290

Northeastern District

Algoma
Land Registry Office No. 1
420 Queen Street East
Sault Ste. Marie ON P6A 1Z7
Tel: (705) 253-8887
Fax: (705) 253-9245

Cochrane
Land Registry Office No. 6
143-4th Avenue (Court House) PO Box 580
Cochrane ON P0L 1C0
Tel: (705) 272-5791
Fax: (705) 272-2951

Manitoulin
Land Registry Office No. 31
27 Phipps Street
P.O. Box 619
Gore Bay ON P0P 1H0
Tel: (705) 282-2442
Fax: (705) 282-2131

Nipissing
Land Registry Office No. 36
Court House
360 Plouffe Street
North Bay ON P1B 9L5
Tel: (705) 474-2270
Fax: (705) 495-8511

Parry Sound
Land Registry Office No. 42
28 Miller Street
Parry Sound ON P2A 1T1
Tel: (705) 746-5816
Fax: (705) 746-6517

Sudbury
Land Registry Office No. 53
199 Larch Street, Suite 301
Sudbury ON P3E 5P9
Tel: (705) 564-4300
Fax: (705) 564-4148

Timiskaming
Land Registry Office No. 54
375 Main Street
P.O. Box 159
Haileybury ON P0J 1K0
Tel: (705) 672-3332
Fax: (705) 672-3906

Northwestern District

Kenora
Land Registry Office No. 23
220 Main Street South
Kenora ON P9N 1T2
Tel: (807) 468-2794
Fax: (807) 468-2796

Rainy River
Land Registry Office No. 48
353 Church Street
Fort Frances ON P9A 1C9
Tel: (807) 274-5451
Fax: (807) 274-1704

Thunder Bay
Land Registry Office No. 55
189 Red River Road, Suite 201
Thunder Bay ON P7B 1A2
Tel: (807) 343-7436
Fax: (807) 343-7439

Western District

Brant
Land Registry Office No. 2
Court House
80 Wellington Street
Brantford ON N3T 2L9
Tel: (519) 752-8321
Fax: (519) 752-0273

Bruce
Land Registry Office No. 3
203 Cayley Street PO Box 1690
Walkerton ON N0G 2V0
Tel: (519) 881-2259
Fax: (519) 881-2322

Elgin
Land Registry Office No. 11
1010 Talbot Street, Unit 36
St. Thomas, ON N5P 4N2
Tel: (519) 631-3015
Fax: (519) 631-8182

Essex
Land Registry Office No. 12
949 McDougall St., Suite 100
Windsor ON N9A 1L9
Tel: (519) 971-9980
Fax: (519) 971-9937

Grey
Land Registry Office No. 16
1555 - 16th Street East
Suites 1 and 2
Owen Sound ON N4K 5N3
Tel: (519) 376-163
Fax: (519) 376-1639

Haldimand
Land Registry Office No. 18
10 Echo Street West
PO Box 310
Cayuga ON N0A 1E0
Tel: (905) 772-3531
Fax: (905) 772-0105

Huron
Land Registry Office No. 22
38 North Street
Goderich ON N7A 2T4
Tel: (519) 524-9562
Fax: (519) 524-2482

Kent
Land Registry Office No. 24
40 William Street North
Chatham ON N7M 4L2
Tel: (519) 352-5520
Fax: (519) 352-3222

Lambton
Land Registry Office No. 25
Court House
700 Christina Street North
Suite 102
Sarnia ON N7V 3C2
Tel: (519) 337-2393
Fax: (519) 337-8371

Middlesex
Land Registry Office No. 33
100 Dundas Street
Ground Floor
London ON N6A 5B6
Tel: (519) 675-7600
Fax: (519) 675-7611

Oxford
Land Registry Office No. 41
75 Graham Street
Woodstock ON N4S 6J8
Tel: (519) 537-6287
Fax: (519) 537-3107

Perth
Land Registry Office No. 44
5 Huron Street
Stratford ON N5A 5S4
Tel: (519) 271-3343
Fax: (519) 271-2550

Waterloo
Land Registry Office No. 58
30 Duke Street West, 2nd Floor
Kitchener ON N2H 3W5
Tel: (519) 571-6043
Fax: (519) 571-6067

Wellington
Land Registry Office No. 6
1 Stone Road West
Guelph ON N1G 4Y2
Tel: (519) 826-3372
Fax: (519) 826-3373


For more information

Contact your local Municipal Services Office for further information on the subdivision and condominium application process.

Ministry of Municipal Affairs and Housing Municipal Services Offices

Central
13th Floor, 777 Bay St
Toronto ON M5G 2E5
416-585-6226

Eastern
Rockwood House
8 Estate Lane
Kingston ON K7M 9A8
613-545-2100

Northeastern
Suite 401, 159 Cedar St
Sudbury ON P3E 6A5
705-564-0120

Northwestern
Suite 223, 435 James St S Thunder Bay ON P7E 6S7
807-475-1651

Western
2nd Floor, 659 Exeter Rd
London ON N6E 1L3
519-873-4020

Disclaimer

This guide has been prepared for education and training purposes. It summarizes and deals with complex matters. As well, the guide refers to and reflects laws, policies and practices that are subject to change. Municipalities, planning boards, and municipal planning authorities are responsible for making local decisions, including compliance with all applicable law. This guide should not be relied on, or used as a substitute for specialized legal or professional advice in connection with any particular matter. The user is solely responsible for any use or application of this guide. Although the guide has been carefully prepared, the Ministry of Municipal Affairs and Housing does not accept any legal responsibility for its contents or for any consequences, including direct or indirect liability, arising from its use.

Ministry of Municipal Affairs and Housing
Municipal Programs and Education Branch
777 Bay Street Toronto, ON M5G 2E5
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