understanding the 1 consent application process

Section 53 of the Planning Act

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ontario.ca/municipallearning

Understanding the Consent Application Process Your Step-By-Step Guide for

Consent-Granting Authorities

Understanding the Consent Application Process 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.

FUNDAMENTALS OF A CONSENT

Land Division in Ontario

Activities That Require Consent

Types of Consent-Granting Authorities

Seven Essential Documents You Should Know

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FUNDAMENTALS approval process lists and templates

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 years

▶ 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

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9FUNDAMENTALS approval process lists and templates

The Planning Act provides 4 main ways that a planning approval authority can control land division:

1) consent 2) plan of subdivision3) plan of condominium4) exemption from part-lot

control

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 If draft approval is granted

1 year (no extension) [Planning Act, s. 53(41)]

A minimum of 3 years (extensions permitted) [Planning Act, s. 51(32)]

Time to transfer the new lots

If consent is given If final approval is granted

2 years (no extension) [Planning Act, s. 53(43)]

No timeline specified

Note: 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)]. Also, if a plan has been registered for 8 years or more the local municipality can deem the plan to not be registered [s. 50(4)].

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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.

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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 “Undertsanding the Subdivision and Condominium Application Process: A Step-by-Step Guide for Approval Authorities” for more information, or visit ontario.ca/municipallearning.

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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.

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.

Before After

LOT A LOT A(retained)

LOT B(severed)

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

A consent is required for this type of transaction.

Before After

LOT A

LOT

A(r

etai

ned)

LOT

B (with added parcel)

LOT A LOT BThe 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.

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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.).

MORTGAGE OR CHARGE OVER PART OF A PROPERTY: A landowner who wishes to mortgage (or charge) a part of his/her property, or a mortgagee (or chargee) who wishes to partially discharge a mortgage (or partially cease a charge) on a property must apply for consent.

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.

Before After

LOT A LOT A

LOT BLOT B(in favour of Lot A)

easement

Before After

LOT A LOT Aafter partial discharge of mortgage

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.

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PUBLIC BODIES THAT ARE CONSENT-GRANTING AUTHORITIES

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 Affiairs 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

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

A detailed breakdown of approval authorities in Ontario is available at ontario.ca/landuseplanning.

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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” on page 54 or “Application for a Validation Certificate” on page 57 for more details).

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Minister

planning board

committee of adjustment

single-tier council

no further delegation

committee of council

appointed officer (staff)

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:

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single-tier council

municipal planning authority


commitee




Where single-tier councils are the assigned approval authorities for consent applications, they may delegate their authority as follows:


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upper-tier council

municipal planning authority

land division committee





lower-tier council


committee appointed officer (staff)

Where upper-tier councils are the assigned approval authorities for consent applications, they may delegate their authority as follows:


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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.

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

SEVEN ESSENTIAL DOCUMENTS YOU SHOULD KNOW

To view the most up-to-date version of the Planning Act, please visit www.e-laws.gov.on.ca.

To download a copy of the Provincial Policy Statement, please visit ontario.ca/landuseplanning.

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Provincial Policy Statement,

2005

Upper-tier official plans

Lower-tier official plans

Provincial plans

Community improvement plans

Development permit system

Zoning by-law

Site plan control

Minor variance

Ontario’s policy-led planning system

Whole province

Regions of the province

Upper-tier and single-tier municipalities

Lower-tier municipalities and unorganized territories

Planning Act

Single-tier official plans

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of Ontario and complement the ProvincialPolicy 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 The Official Plan(s)

An official plan represents a municipality’s

or planning board’s chief planning tool to

provide 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

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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

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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.

Receive application and fees

Review and determine if application is complete

Give notice of application (and public meeting)

Review and circulate application

Hold public meeting (recommended)

Issue Notice of Decision

Are there any appeals?

May change conditions anytime

Issue notice of changes


Verify all conditions are fulfilled

Issue certificate

Issue Notice of Decision


FILE CLOSED

Applicant appeals for failure to

make a decision

Forward notice of appeal, record and

fees to the OMB

OMB Hearing Decision is final

Approve

YES

NO

YES

NO

APPROVE REFUSE

yes

NO

15 days

20 days

15 days

20 days

1 year

15 days

20 days

90 days

at least

14 days

May refuse to further consider the application

Applicant may make motion to the Ontario Municipal Board

(OMB)

OMB hearing Decision is final

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LICA

TIO

N

COM

PLET

E

May refuse to further consider the application

APPLICATION INCOMPLETE

Refuse

Fail to make a decision in 90 days

of a complete application

Consent Approval Process

Forward notice of appeal, record and

fees to the OMB

OMB Hearing Decision is final

Issue certificate

Verify all conditions are fulfilled

APPROVE

YES

NO

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5fundamentals APPROVAL PROCESS lists and templates

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.

EARLY CONSULTATIONEarly consultation may take place any time prior to a formal submission of the application by the applicant.

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fundamentals APPROVAL PROCESS lists and templates

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.

Appendix

Consider, on a preliminary basis, if the proposal conforms to all applicable provincial plans.

Appendix

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.

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 Step 2).

Identify any agencies that the applicant may want to consult with, in advance of the formal application, in relation to other permits and approvals.

Appendix

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).

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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.

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

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

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CHECKLIST FOR STEP 2: COMPLETE APPLICATION

Record the date when both the application and fees have been received.

Determine if the application is complete. Appendix

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)].

Appendix

To obtain a copy of the consent application of the Ministry of Municipal Affairs and Housing, please visit www.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.

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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.

3 NOTICE OF APPLICATION [Planning Act, ss. 53(5)-(6), (7.1)]

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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 countyLower-tier municipality: refers to a municipality that is situated within the administrative boundaries of an upper-tier municipalitySingle-tier municipality: refers to a municipality that does not have an upper-tier municipality presiding over it

Image from Google - Imagery © 2011

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.

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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)].

Appendix

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]

Appendix

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)].

Appendix

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.

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CHECKLIST FOR STEP 3: NOTICE OF 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.

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< 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.

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.

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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.

Conditions

If the planning analysis supports granting a consent,

Please note:

Conformity with the official plan(s) is a prerequisite to granting provisional consent (see Step 6). 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.

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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

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.

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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.

Appendix

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 Step 7).

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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.

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.

5 PUBLIC MEETING

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CHECKLIST FOR STEP 5: PUBLIC MEETING

For upper-tier municipalities, decide who will hold the public meeting: 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 public 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.

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

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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:



▶ 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.

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.

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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 almost always 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 another

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 1 year for the applicant to fulfill all conditions, otherwise the application is deemed to be refused pursuant to subsection 53(41).

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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].

Appendix

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)].

Appendix

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)].

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7 NOTICE OF DECISION[Planning Act, s. 53(17)]

15 DAYS

Notice of the decision must be issued within 15 days from the date the decision was made.

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)].

Appendix

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 – see Step 9 [Planning Act, s. 53(22)].

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

CHANGES TO CONDITIONS[Planning Act, ss. 53(23)-(26)]

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.

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

Appendix

Send the notice to the applicant and any prescribed persons and public bodies. [Planning Act, s. 53(24), O. 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 – see Step 9 [Planning Act, s. 53(22)].

Appendix

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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 (see table on page 47).

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

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 table), 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 table on page 47).

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

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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)

Who can appeal ӹ Applicant ӹ Applicant ӹ Any person or

public body

ӹ Applicant ӹ Any person or

public body

ӹ Applicant ӹ Any person or

public bodyLast day for filing 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

ӹ Notice of appeal

ӹ Filing fee

ӹ Notice of appeal

ӹ Filing fee

ӹ Notice of appeal

ӹ Filing fee

ӹ Notice of appeal

ӹ Filing feeWhen to forward the appeal to the Ontario Municipal Board

Within 15 days after the notice is filed

Within 15 days after the last day for appeal



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

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 www.omb.gov.on.ca or view the Citizen’s Guide on the Ontario Municipal Board at www.ontario.ca/landuseplanning.

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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)].

Appendices

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 (O. Reg. 197/96, ss. 5 or 8).

Appendix

Forward the record, notice of appeal and the filing fee to the Ontario Municipal Board within the legislated timeframes – see table on page 47 [Planning Act, ss. 53(15)(b), (28)(b)].

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10HEARING AT THE ONTARIO MUNICIPAL BOARD[Planning Act, ss. 53(30) & (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:



▶ 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

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Visit www.omb.gov.on.ca for information on hearing procedures.

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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 faithiii. the appeal is made only for the purpose of delay, and/oriv. 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 the Board for further information.

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.

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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:

a. seek to have the appeal dismissed without a hearing;b. prepare to defend the decision on the application (where a decision was

made); orc. negotiate with the appellant(s) and any other parties to reach a

settlement with a revised proposal.

Note: 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 at the Ontario Municipal Board, visit www.omb.gov.on.ca.

Image from Google - Imagery © 2011

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11 GRANTING OF A CONSENT [Planning Act, ss. 53(39)-(43)]

1 YEAR All conditions of approval must have been fulfilled within 1 year of the decision before the consent is given.

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.

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Please note: If no appeals are received, the 1 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.

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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).

Appendix

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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

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.

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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 critieria are met, except in certain circumstances (see page 54).

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.


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)

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CHECKLIST: PROCESSING AN APPLICATION FOR 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.

Appendix

The approval must conform with the official plan [O. 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)].

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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.


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

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.

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▶ 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.

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) [O. 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. Appendix

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fundamentals approval process LISTS AND TEMPLATES

Appendix 1

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.

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5fundamentals approval process LISTS AND TEMPLATES

Appendix 2

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 “yes” or “no” 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.

SUBJECT QUESTION YES NO PPS POLICIES

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 than currently exists

See policies 1.1.3.2a) & 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 developmentiv) other rural land uses

See policy 1.1.4.1.

Does the application comply with the Minimum Distance Separation formulae?

See policy 1.1.4.1c).

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)?

See policy 1.3.2.

Housing

Are the subject lands located where appropriate levels of infrastructure and public service facilities are or will be available?

See policy 1.4.3c).

Public spaces

Does the application provide public access to shorelines, where they exist?

See policy 1.5.1c).

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Sewage and Water

Does the application use existing municipal sewage services and municipal water services?

See policies 1.6.4.1 to 1.6.4.5.

Is there confirmation of sufficient reserve sewage capacity and reserve water system capacity?

See policy 1.6.4.1e).

Transportation

Does the application make efficient use of existing and planned infrastructure? Preference is for publicly owned and maintained road access to all lots.

See policy 1.6.5.2.

Airports

Are the subject lands in the vicinity of airports? See policies 1.6.7.1 and 1.6.7.2.

DO THE SUBJECT LANDS CONTAIN:

Natural Heritage Areas

significant habitat of endangered species and threatened species?

See policy 2.1.3a).

significant wetlands? See policies 2.1.3b) & 2.1.4a).

significant coastal wetlands? See policy 2.1.3c).

significant woodlands? See policy 2.1.4b).

significant valleylands? See policy 2.1.4c).

significant wildlife habitat? See policy 2.1.4d).

significant areas of natural and scientific interest (ANSI)?

See policy 2.1.4e).

lands that are adjacent to natural heritage features and areas?

See policy 2.1.6.

lands that are in or near sensitive surface water features and sensitive ground water features?

See policy 2.2.2.

Prime Agricultural Areas

prime agricultural areas? See policy 2.3.1.

ARE THE SUBJECT LANDS:

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Minerals and Petroleum 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?

See policy 2.4.2.2.

Mineral Aggregate Resource Areas

near a mineral aggregate operation and may interfere with it?

See policy 2.5.2.4.

in areas adjacent to or in known deposits of mineral aggregate resources (e.g., gravel, sand, limestone, shale, clay) and may interfere with it?

See policy 2.5.2.5.

IS THE PROPOSED DEVELOPMENT:

Cultural Heritage and Archaeolgy Areas

on lands containing archaeological resources or areas of archaeological potential?

See policy 2.6.2.

on lands adjacent to the protected heritage property?

See policy 2.6.3.

ARE THE SUBJECT LANDS WITHIN:

Natural Hazards

the dynamic beach hazard? See policy 3.1.2a).

portions of the one-hundred-year flood level along connecting channels?

See policy 3.1.2b).

areas inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards?

See policy 3.1.2c).

a floodway? See policy 3.1.2d).

hazardous lands or hazardous sites? See policies 3.1.4 & 3.1.6.

IS THE PROPOSED DEVELOPMENT ON, ABUTTING OR ADJACENT TO LANDS AFFECTED BY:

Human-made Hazards Areas

mine hazards? See policy 3.2.1.

oil, gas and salt hazards? See policy 3.2.1.

former mineral mining operations, mineral aggregate operations or petroleum resource operations?

See policy 3.2.2.

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Appendix 3

PLANNING ACT CRITERIA [s. 51(24)]

DOES THE APPLICATION HAVE REGARD TO: YES NOPLANNING ACT SECTION

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)

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Appendix 4

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.

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Appendix 5

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 DESCRIPTION AGENCYACCESS ONTO PROVINCIAL HIGHWAYS

Entrance Permit (Public Transportation and Highway Improvement Act)

Required for any consent application that is proposed in close proximity to a provincial highway or has the potential to impact upon a provincial highway.

Contact your local Ministry of Transportation office.

PERMISSION FOR SEWAGE WORKS

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.

CONTAMINATED SITES

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.


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 www.ontario.ca/brownfields.

CONSERVATION OF NATURAL HERITAGE SYSTEMS

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.

PERMISSION TO TAKE WATER

Permit to Take Water(Ontario Water Resources Act)

Required when more than 50,000 litres of water a day for wells or surface water supply are proposed to be taken.


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Appendix 6

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.

MATERIALSINFORMATION TO BE SUBMITTED (O. REG. 197/96, SCHEDULE I)

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. If the answer to 6) is yes, a description of each easement or covenant and its effect.

8. For the land intended to be severed:

a. The frontage, depth and area, in metric units;

b. The existing and proposed uses of the land;

c. The existing and proposed buildings and structures on the land;

d. 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;

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MATERIALSe. 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;

f. 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

g. 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.

9. For the land intended to be retained:

a. The frontage, depth and area, in metric units;

b. The existing and proposed uses of the land;

c. The existing and proposed buildings and structures on the land;

d. 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;

e. 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;

f. 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

g. 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.

The current designation of the subject land in the applicable official plan

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. If the answer to (a) is yes, the file number of the application and the status of the application.

Whether any land has been severed from the parcel originally acquired by the owner of the subject land.

If the answer to 12) is yes, the date of the transfer, the name of the transferee and the uses of the severed land.

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

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MATERIALSb. If the answer to (a) is yes, the file number of the application and the status of the

application.

Whether the application is consistent with policy statements issued under subsection 3(1) of the Act.

Whether the subject land is within an area of land designated under any provincial plan(s).

If the answer to 16) is yes, whether the application conforms to or does not conflict with the applicable provincial plan(s).

If the applicant is not the owner of the subject land, the owner’s written authorization to the applicant to make the application.

An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is accurate.

SKETCH REQUIREMENTS

A sketch is submitted as part of the application showing the following, in metric units:

a. The boundaries and dimensions of any land abutting the subject land that is owned by the owner of the subject land;

b. The approximate distance between the subject land and the nearest township lot line or landmark such as a bridge or railway crossing;

c. 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;

d. The location of all land previously severed from the parcel originally acquired by the current owner of the subject land;

e. 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;

f. The current uses of land that is adjacent to the subject land (for example, residential, agricultural or commercial);

g. 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;

h. If access to the subject land will be by water only, the location of the parking and boat docking facilities to be used; and

i. The location and nature of any easement affecting the subject land.

OFFICIAL PLAN REQUIREMENTS

Any information (e.g., reports or studies) required by your official plan(s).

APPLICATION FEES

Application fees in the amount indicated in your local tariff of fees.

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Appendix 7

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)

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Appendix 8

CONTENT REQUIREMENTS OF A NOTICE OF APPLICATION[O. Reg. 197/96, SS. 3(13)-(14)]

CONTENT REQUIREMENTSFOR ALL METHODS OF GIVING NOTICE (EXCEPT BY POSTING ON THE PROPERTY)

FOR GIVING NOTICE BY POSTING ON THE PROPERTY

An explanation of the purpose and effect of the application

An explanation of the purpose and effect of the application

A description of the subject land, a key map showing the subject land, or an explanation why no description or key map is provided

Where and when additional information and material regarding the application will be available to the public for inspection

Where and when additional information and material regarding the application will be available to the public for inspection

How to obtain a copy of the notice of the application

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.”

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).”

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

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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 APPLICATIONThe 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 Number(s) ___________.

NOTES REGARDING YOUR RIGHTSIf 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).

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FOR MORE INFORMATIONAdditional information is available for inspection at the municipal office by contacting __________ at ___-___-____ or by e-mail at ________@_____.__ quoting File Number ________.

SUBJECT PROPERTY

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PERSONS OR PUBLIC BODIES TO WHOM NOTICE MUST BE GIVEN METHOD

ATTACH COPY OF APPLICATION?

O. REG. 197/96

a) Every landowner within 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

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

Ordinary mail or Personal service

Physical posting that is clearly legible from a place where the public has access

Newspaper advertisement

s. 3(3)

s. 3(6)

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)

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


s. 3(9), para 1

The clerk of every upper-tier municipality in which the subject land is located


s. 3(9), para 2

The secretary-treasurer of a conservation authority in whose jurisdiction the subject land is located, if applicable


s. 3(9), para 3

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


s. 3(9), para 3.1

Appendix 9

PERSONS AND PUBLIC BODIES TO WHOM A NOTICE OF APPLICATION MUST BE GIVEN

(O. Reg. 197/96, s. 3)

OR

**

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**

( ) and ( ) indicate further definitions on page 78* **

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PERSONS OR PUBLIC BODIES TO WHOM NOTICE MUST BE GIVEN METHOD

ATTACH COPY OF APPLICATION?

O. REG. 197/96

TransCanada PipeLines Limited, if any of the subject land is within 200m of a pipeline owned and operated by TransCanada PipeLines Limited


s. 3(9), para 4

If any of the subject land is within 300m of a railway line, the secretary of the company operating the railway line


s. 3(9), para 5

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


s. 3(9), para 6

The Niagara Parks Commission, if any of the subject land adjoins the Niagara Parkway or is in the jurisdiction of the Niagara Parks Commission


s. 3(9), para 7

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


s. 3(9), para 8

Parks Canada, if any of the subject lands adjoins a historic site, park or historic canal under the jurisdiction of Parks Canada


s. 3(9), para 9

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 land


s. 3(9), para 10

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


s. 3(10)

NOTE: 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.

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Who is the landowner?

The landowner is deemed to be 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.

CONSENT-GRANTING AUTHORITY OFFICIAL

Council of the municipality Clerk of the municipalityCommittee of the Council Clerk of the municipalityLand Division Committee Secretary-Treasurer of the

land division committeeCommittee of Adjustment Secretary-Treasurer of the

Committee of AdjustmentMunicipal 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

Who is the official?

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Appendix 10

POSSIBLE FORMAT OF A 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.

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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 pIan)

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))

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7. APPLICATION OF BENEFITS UNDER THE COMMUNITY IMPROVEMENT PROJECT AREA BY- LAW, 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:

A. Map showing applicable official plan, zoning by-law and any provincial plan designations/zones

B. Draft reference plan C. Other plans (elevation plans, grading plans, concept plans, etc.)D. Draft conditions E. Copies of written submissions

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

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.

SAMPLE CONDITIONS FOR A PROVISIONAL CONSENT

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Appendix 11

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 appealA 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 BoardA 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)]

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POSSIBLE FORMAT FOR A NOTICE OF DECISION (PROVISIONAL CONSENT)

NOTICE OF DECISION(Section 53 of the Planning Act)

_________, 20___

Subject: 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 $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.

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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 nos. ___________.

Sincerely,

_________________ (consent-granting authority designate)

SUBJECT PROPERTY

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ATTACHMENT A

(insert copy of the decision)

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Appendix 12

SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NOTICE OF DECISION HAS BEEN GIVEN

[Planning Act, s. 53(22)]

I ______________________ of the _______________________________________________ (name of employee) (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:

_____________________ in the ____________________ (name of municipality) (Region/County/District of)

this _____ day of __________, _______. (month) (year)

____________________ (employee)

____________________ (Commissioner of Oaths)

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Appendix 13

SAMPLE AFFADAVIT OR SWORN DECLARATION THAT NO NOTICES OF APPEAL (OF THE DECISION) WERE RECEIVED

WITHIN THE APPEAL PERIOD[Planning Act, s. 53(22)]

I ______________________ of the __________________________________________ (name of employee) (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 subection 53(19) of the Planning Act, and I make this solemn



Evidence Act.


_____________________ in the ___________________ (name of municipality) (Region/County/District of)

this _____ day of __________, ____. (month) (year)

____________________ (employee)


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Appendix 14

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 conditionsThe last date for filing a notice of appeal of the conditionsA 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 BoardThe 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)]

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POSSIBLE FORMAT FOR A NOTICE OF CHANGES TO CONDITIONS

(insert letterhead)

NOTICE OF CHANGES TO CONDITIONSSubsection 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)

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ATTACHMENT 1

(insert changed conditions)

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Appendix 15

SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NOTICE OF CHANGES TO CONDITIONS HAS BEEN GIVEN

[Planning Act, s. 53(22)]



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



Evidence Act.




____________________ (employee)


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Appendix 16

SAMPLE AFFADAVIT OR SWORN DECLARATION THAT NO NOTICES OF APPEAL (OF THE CHANGE OF CONDITIONS) WERE

RECEIVED[Planning Act, s. 53(22)]



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



Evidence Act.




____________________ (employee)


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Ap

pen

dix

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17

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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. This form can be downloaded by visiting: http://www.omb.gov.on.ca/english/OMBInformation/OMB_Municipal_Forms_Bill_51.html and clicking on the Consent option.

R4 Revised April 2010 Page 1 of 3

Environment and Land Tribunals Ontario MUNICIPAL SUBMISSION FORM (R4) Ontario Municipal Board PLANNING ACT 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 TEL: (416) 212-6349 or Toll Free: 1-866-448-2248 CONSENT/SEVERANCE FAX: (416) 326-5370 www.elto.gov.on.ca

Material and information is to be forwarded to the Ontario Municipal Board by the Approval Authority within 15 days after the last day for filing a notice of appeal under the following subsections of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Please check the section of the Act under which the appeal(s) have been filed. Please print clearly throughout the submission form.

Municipality: ____________________________________________ Municipal File Number: B-____________________ Upper Tier: _______________________________________________________________________________________ Approval Authority (if different than above): _____________________________________________________________ Part 2: Approval Authority Contact Information

First Name: _________________________________________ Last Name:__________________________________________________ Professional Title ________________________________________________________________________________________________ E-mail Address: _________________________________________________________________________________________________

By providing an e-mail address you agree to receive communications from the OMB by e-mail. Telephone #:__________________________ext.____________ Fax #: _____________________________________________________ Mailing Address: ________________________________________________________________________________________________ Street Address City/Town

________________________________________________________________________________________________ Province Postal Code

Part 3: Location Information ___________________________________________________________________________________________________ Address and/or Legal Description of property subject to the appeal: Part 4: Related Matters

(a) Is this consent appeal connected with a variance application or by-law amendment? YES NO

If yes, has a decision on the variance/by-law been appealed to the Board? YES NO

Variance submission: A- ______________________________ O.M.B. File No.: ___________________________ By-law Amendment No. _______________________________ O.M.B. File No.: ____________________________ (b) Other matters at municipality or Board or required to be filed?:____________________________________________

Part 1: Appeal Type (Please check only one box)

SUBJECT OF APPEAL

TYPE OF APPEAL

PLANNING ACT

REFERENCE (SECTION)

Appeal against a decision to approve or refuse the application

Appeal conditions imposed

53(19)

Appeal against changed conditions

53(27)

Consent/Severance

Application for consent – Approval Authority failed to make a decision on the application within 90 days

53(14)

Reference Number (OMB Office Use Only):

*

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Appendix 18

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

............................................................................ of the ................ of ............................................. (consent-granting authority) 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 OFFICIALPlanning Act


............................................................... of the ........................... of .................................. was (consent-granting authority) given on ............, 20....... to a ....................................................................................................... (type of transaction, e.g., conveyance, mortage)

of the following land: ..................................................................................................................... (legal description of the parcel of land that is the subject of the consent)

......................................... (official)

Dated this ...... day of ........... , 20....

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FORM 3This 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


.................................................... of the ................ of ...................... was given on ............., 20.... (consent-granting authority)

to the transaction to which this instrument relates.

Subsection ................................... of the Planning Act applies to any subsequent (50(3) or (5), as the case may be)

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 OFFICIALPlanning Act


........................................... of the ................. of ............................... was given on .............., 20.... (consent-granting authority)

to a ..................................................................................................................................................... (type of transaction, e.g., conveyance, mortage)

of the following land: ........................................................................................................................ (legal description of the parcel of land that is the subject of the consent)

Subsection ................................... of the Planning Act applies to any subsequent (50(3) or (5), as the case may be)

conveyance or transaction involving the parcel of land that is the subject of this consent.

........................................ (official)

Dated this ...... day of ........... , 20....

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Appendix 19

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 ........th 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)

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Appendix 20

LAND REGISTRY OFFICE LOCATIONS

NORTHWESTERN DISTRICTKenoraLand Registry Office No. 23220 Main Street SouthKenora ON P9N 1T2Tel: (807) 468-2794Fax: (807) 468-2796

Rainy RiverLand Registry Office No. 48353 Church Street Fort Frances ON P9A 1C9Tel: (807) 274-5451Fax: (807) 274-1704

Thunder BayLand Registry Office No. 55189 Red River Road, Suite 201 Thunder Bay ON P7B 1A2Tel: (807) 343-7436Fax: (807) 343-7439

NORTHEASTERN DISTRICTAlgomaLand Registry Office No. 1420 Queen Street EastSault Ste. Marie ON P6A 1Z7Tel: (705) 253-8887Fax: (705) 253-9245

CochraneLand Registry Office No. 6143-4th Avenue (Court House)PO Box 580Cochrane ON P0L 1C0Tel: (705) 272-5791Fax: (705) 272-2951

ManitoulinLand Registry Office No. 3127 Phipps StreetP.O. Box 619Gore Bay ON P0P 1H0Tel: (705) 282-2442Fax: (705) 282-2131

NipissingLand Registry Office No. 36Court House360 Plouffe StreetNorth Bay ON P1B 9L5Tel: (705) 474-2270Fax: (705) 495-8511

Parry SoundLand Registry Office No. 4228 Miller Street Parry Sound ON P2A 1T1Tel: (705) 746-5816Fax: (705) 746-6517

SudburyLand Registry Office No. 53199 Larch Street, Suite 301 Sudbury ON P3E 5P9Tel: (705) 564-4300Fax: (705) 564-4148

TimiskamingLand Registry Office No. 54375 Main StreetP.O. Box 159Haileybury ON P0J 1K0Tel: (705) 672-3332Fax: (705) 672-3906

EASTERN DISTRICTDundasLand Registry Office No.88 - 5th Street West, PO Box 645Morrisburg ON K0C 1X0Tel: (613) 543-2583Fax: (613) 543-4541

FrontenacLand Registry Office No. 131 Court Street Kingston ON K7L 2N4Tel: (613) 548-6767Fax: (613) 548-6766

GlengarryLand Registry Office No. 1463 Kenyon Street WestP.O. Box 668Alexandria ON K0C 1A0Tel: (613) 525-1315Fax: (613) 525-0509

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EASTERN DISTRICT (CONT’D)GrenvilleLand Registry Office No. 15499 Centre StreetP.O. Box 1660Prescott ON K0E 1T0Tel: (613) 925-3177Fax: (613) 925-0302

HaliburtonLand Registry Office No. 1912 Newcastle StreetBox 270Minden ON K0M 2K0Tel: (705) 286-1391Fax: (705) 286-4324

HastingsLand Registry Office No. 21199 Front Street, Suite 109 Century PlaceBelleville ON K8N 5H5Tel: (613) 968-4597Fax: (613) 968-3606

LanarkLand Registry Office No. 272 Industrial Drive P.O. Box 1180Almonte ON K0A 1A0Tel: (613) 256-1577Fax: (613) 256-0940

LeedsLand Registry Office No. 287 King St. WestBrockville ON K6V 3P7Tel: (613) 345-5751Fax: (613) 345-7390

LennoxLand Registry Office No. 297 Snow Road, Unit #2Napanee ON K7R OA2Tel: (613) 354-3751Fax: (613) 354-1474

NorthumberlandLand Registry Office No. 391005 Elgin St. West, Suite 105 Cobourg ON K9A 5J4Tel: (905) 372-3813Fax: (905) 372-4758

Ottawa-CarletonLand Registry Office No. 4Court House161 Elgin Street 4th FloorOttawa ON K2P 2K1Tel: (613) 239-1230Fax: (613) 239-1422

PeterboroughLand Registry Office No. 45300 Water Street, 2nd FloorP.O. Box 7000Peterborough ON K9J 8M5Tel: (705) 755-1342Fax: (705) 755 1343

PrescottLand Registry Office No. 46179 Main Street East Hawkesbury ON K6A 1A1Tel: (613) 636-0314Fax: (613) 636-0772

Prince EdwardLand Registry Office No. 471 Pitt StreetP.O. Box 1310Picton ON K0K 2T0Tel: (613) 476-3219Fax: (613) 476-7908

RenfrewLand Registry Office No. 49400 Pembroke Street East Pembroke ON K8A 3K8Tel: (613) 732-8331Fax: (613) 732-0297

RussellLand Registry Office No. 501122 Concession StreetP.O. Box 10Russell ON K4R 1C8Tel: (613) 445-2138Fax: (613) 445-0614

StormontLand Registry Office No. 52127 Sydney Street Cornwall ON K6H 3H1Tel: (613) 932-4522Fax: (613) 932-4524

VictoriaLand Registry Office No. 57Provincial Court Building440 Kent Street West Lindsay ON K9V 6G8Tel: (705) 324-4912Fax: (705) 324-6290

CENTRAL DISTRICTDufferinLand Registry Office No. 741 Broadway Avenue, Unit #7Orangeville ON L9W 1J7Tel: (519) 941-1481Fax: (519) 941-6444

DurhamLand Registry Office No. 40590 Rossland Road East Whitby ON L1N 9G5Tel: (905) 665-4007Fax: (905) 665-5247

HaltonLand Registry Office No. 202800 Highpoint Drive 2nd FloorMilton ON L9T 6P4Tel: (905) 864-3500Fax: (905) 864-3549

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CENTRAL DISTRICT (CONT’D)MuskokaLand Registry Office No. 3515 Dominion Street, Bracebridge ON P1L 2E7Tel: (705) 645-4415Fax: (705) 645-7826

Niagara North & SouthLand Registry Office No. 30 (North) and No. 59 (South)59 Church StreetSt. Catharines ON L2R 3C3Tel: (905) 684-6351Fax: (905) 684-5874

NorfolkLand Registry Office No. 37Court House50 Frederick Hobson VC Drive, Suite 201 Simcoe ON N3Y 4K8Tel: (519) 426-2216Fax: (519) 426-9627

PeelLand Registry Office No. 437765 Hurontario Street Brampton ON L6W 4S8Tel: (905) 874-4008Fax: (905) 874-4012

SimcoeLand Registry Office No. 51Court House114 Worsley Street Barrie ON L4M 1M1Tel: (705) 725-7232Fax: (705) 725-7246

TorontoLand Registry Office No. 64 & 6620 Dundas Street West Suite 420Toronto ON M5G 2C2Tel: (416) 314-4430Fax: (416) 314-4453

WentworthLand Registry Office No. 62119 King Street West 4th FloorHamilton ON L8P 4Y7Tel: (905) 521-7561Fax: (905) 521-7505

York RegionLand Registry Office No. 6550 Bloomington Road, 3rd Floor Aurora, ON L4G 0L8Tel: 905-713-7798Fax: 905-713-7799

WESTERN DISTRICTBrantLand Registry Office No. 2Court House80 Wellington StreetBrantford ON N3T 2L9Tel: (519) 752-8321Fax: (519) 752-0273

BruceLand Registry Office No. 3203 Cayley Street PO Box 1690Walkerton ON N0G 2V0Tel: (519) 881-2259Fax: (519) 881-2322

ElginLand Registry Office No. 111010 Talbot Street, Unit 36St. Thomas, ON N5P 4N2Tel: (519) 631-3015Fax: (519) 631-8182

EssexLand Registry Office No. 12949 McDougall St., Suite 100Windsor ON N9A 1L9Tel: (519) 971-9980Fax: (519) 971-9937

GreyLand Registry Office No. 161555 - 16th Street East Suites 1 and 2Owen Sound ON N4K 5N3Tel: (519) 376-1637Fax: (519) 376-1639

HaldimandLand Registry Office No. 1810 Echo Street WestPO Box 310Cayuga ON N0A 1E0Tel: (905) 772-3531Fax: (905) 772-0105

HuronLand Registry Office No. 2238 North StreetGoderich ON N7A 2T4Tel: (519) 524-9562Fax: (519) 524-2482

KentLand Registry Office No. 2440 William Street North Chatham ON N7M 4L2Tel: (519) 352-5520Fax: (519) 352-3222

LambtonLand Registry Office No. 25Court House700 Christina Street North Suite 102Sarnia ON N7V 3C2Tel: (519) 337-2393Fax: (519) 337-8371

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WESTERN DISTRICT (CONT’D)MiddlesexLand Registry Office No. 33100 Dundas Street Ground Floor London ON N6A 5B6Tel: (519) 675-7600Fax: (519) 675-7611

OxfordLand Registry Office No. 4175 Graham Street Woodstock ON N4S 6J8Tel: (519) 537-6287Fax: (519) 537-3107

PerthLand Registry Office No. 445 Huron Street Stratford ON N5A 5S4Tel: (519) 271-3343Fax: (519) 271-2550

WaterlooLand Registry Office No. 5830 Duke Street West, 2nd Floor Kitchener ON N2H 3W5Tel: (519) 571-6043Fax: (519) 571-6067

WellingtonLand Registry Office No. 611 Stone Road West Guelph ON N1G 4Y2Tel: (519) 826-3372Fax: (519) 826-3373

Disclaimer

This manual has been prepared for education and training purposes. It summarizes and deals with complex matters. The manual 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 manual should not be relied on and should not be 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 manual. Although the manual 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.

For More Information

Contact your local Municipal Services Office for further information on the consent application process.

Ministry of Municipal Affairs and Housing Municipal Services Offices

NorthwesternSuite 223, 435 James St SThunder Bay ON P7E 6S7807-475-1651

NortheasternSuite 401, 159 Cedar StSudbury ON P3E 6A5705-564-0120

Central2nd Floor, 777 Bay StToronto ON M5G 2E5416-585-6226

Western2nd Floor, 659 Exeter RdLondon ON N6E 1L3519-873-4020

EasternRockwood House8 Estate LaneKingston ON K7M 9A8613-545-2100

Understanding the Consent Application Process: Your Step-By-Step Guide for Consent-Granting Authorities

Produced by the Ministry of Municipal Affairs and HousingMunicipal Programs and Education Branch

© Queen’s Printer for Ontario, 2011ISBN 978-1-4435-xxxx-x (PDF)ISBN 978-1-4425-xxxx-x (html)Disponible en français

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