O. Reg. 8/12: TRANSITIONAL MATTERS - GROWTH PLANS


Published: 2012-01-19

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ontario regulation 8/12

made under the

Places to grow act, 2005

Made: January 18, 2012
Filed: January 19, 2012
Published on e-Laws: January 20, 2012
Printed in The Ontario Gazette: February 4, 2012


Amending O. Reg. 311/06

(Transitional Matters — Growth Plans)

1. Section 2.1 of Ontario Regulation 311/06 is amended by adding “Subject to sections 5.1 to 5.6” at the beginning.

2. Subsection 3.1 (2) of the Regulation is amended by striking out “clause (a)” and substituting “clause (1) (a)”.

3. The Regulation is amended by adding the following sections:

Growth Plan for the Greater Golden Horseshoe — Simcoe Sub-area

Definitions

5.1 In sections 5.2 to 5.6,

“Amendment 1 (2012)” means Amendment 1 (2012) to the Growth Plan for the Greater Golden Horseshoe, 2006 that was approved under subsection 7 (6) of the Act on December 15, 2011 and came into effect on January 19, 2012; (“Modification Nº 1 (2012)”)

“Plan” means the Plan described in section 2.1. (“Plan”)

Application

5.2 Sections 5.3 to 5.6 apply with respect to the Simcoe Sub-area as that term is defined in Amendment 1 (2012).

Transition rules

5.3 (1) Except as provided in sections 5.4 to 5.6, a matter that is described in section 2 and that commenced before January 19, 2012 shall be continued and disposed of in accordance with sections 3 to 5, subject to subsection (3).

(2) Except as provided in sections 5.4 to 5.6, if sections 3 to 5 provide for a matter to be continued and disposed of as if the Plan had not come into effect, the matter shall be continued and disposed of as if Amendment 1 (2012) had not come into effect.

(3) Despite subsection (1), if sections 3 to 5 provide for a matter that is described in section 2 and that commenced before June 16, 2006 to be continued and disposed of in accordance with the Plan, the matter shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012).

(4) Subsection (3) does not apply if, as of January 19, 2012, the Ontario Municipal Board or a joint board has completed its hearing of the matter but reserved its final decision.

(5) Despite subsection 3 (5), a matter that is described in section 2 and that commenced on or after January 19, 2012 shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012).

Transition rules, continued

5.4 (1) A matter shall be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012) if,

(a) the matter was commenced on or after June 16, 2006 but before January 19, 2012; and

(b) the matter is described in clause 2 (a), (b), (c), (d) or (h).

(2) Subsection (1) does not apply if, as of January 19, 2012, the Ontario Municipal Board or a joint board has completed its hearing of the matter but reserved its final decision.

Transition rules, continued

5.5 (1) Despite sections 5.3, 5.4 and 5.6, any part of a matter that is described in section 2 and commenced before, on or after January 19, 2012 shall be continued and disposed of as if Amendment 1 (2012) had not come into effect if,

(a) the part of the matter is being undertaken to establish uses permitted by a minister’s order made under section 47 of the Planning Act; and

(b) the minister’s order mentioned in clause (a) has not been revoked.

(2) For greater certainty, subsection (1) applies even if the minister’s order mentioned in clause (1) (a) has been made but is not yet in effect.

Special rule

5.6 (1) A matter that is required to be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012) and that meets all of the following criteria shall be continued and disposed of in accordance with policy 6.3.2.1 and not policy 6.3.2.2:

1. The matter is a request for an official plan amendment described in clause 2 (a) or an official plan amendment described in clause 2 (b).

2. The official plan amendment, if approved, would designate lands inside an area of settlement as lands for urban uses, as that term is defined in Amendment 1 (2012).

3. The County of Simcoe has approved the official plan amendment.

4. As of January 19, 2012, the decision of the County of Simcoe to approve the official plan amendment has been appealed to the Ontario Municipal Board or a joint board, but the Ontario Municipal Board or joint board has not issued its final decision.

5. An application for the approval of a plan of subdivision under section 51 of the Planning Act or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998 has been made before January 19, 2012 for all or part of the same land with respect to which the matter mentioned in paragraph 1 relates.

(2) For the purposes of paragraph 5 of subsection (1), an application has been made only if the information and material required under subsections 51 (17) and (18) of the Planning Act and any fee required under section 69 or 69.1 of the Planning Act have been provided.

(3) Subject to subsection (4), if one or more matters mentioned in paragraph 1 of subsection (1) are being considered at a single hearing of the Ontario Municipal Board or a joint board and the matter or matters relate to more than 300 hectares, subsection (1) shall only apply to a portion of the land not exceeding 300 hectares.

(4) Subsection (1) shall not apply to land under subsection (3) unless the portion of land is also the subject of the application for approval of a plan of subdivision or the application for the approval of, or an exemption from an approval of, a condominium mentioned in paragraph 5 of subsection (1).

(5) A matter that meets all of the following criteria shall, despite any other provision of this Regulation except subsection (6) and section 5.5, be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), and shall be disposed of in accordance with policy 6.3.2.1 and not policy 6.3.2.2:

1. The matter is described in clause 2 (c), (d), (e), (f), (h) or (i) and commenced before, on or after January 19, 2012.

2. There was another matter described in clause 2 (a) or (b) to which subsection (1) applied.

3. The matter described in paragraph 1 relates to all or part of the land to which the matter described in paragraph 2 relates.

(6) Subsection (5) applies only with respect to the portion of land with respect to which policy 6.3.2.1 applied under subsection (1).

Commencement

4. This Regulation comes into force on the later of January 19, 2012 and the day it is filed.

Made by:
Pris par :

Le ministre de l’Infrastructure,

Bob Chiarelli

Minister of Infrastructure

Date made: January 18, 2012.
Pris le : 18 janvier 2012.

 

 

 

 

 

 

 

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