OHBA/BILD Presentation Planning Act Timelines One Step Up David - - PowerPoint PPT Presentation

OHBA/BILD Presentation Planning Act Timelines — “One Step Up”

David Bronskill April 28, 2020

One Step Up…

• Planning Act amendment gave government new authority to make

certain regulations regarding time periods during the state of emergency

• Ontario Regulation 149/20 (the “Regulation”) exercises that authority
• The Regulation deems that Ontario Regulation 73/20 never applied

and does not apply to the Planning Act

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…And Two Steps Back

• Short lived progress
• The Regulation cancelled all Planning Act notices sent between

February 26, 2020 and April 15, 2020

• Notices must be re-issued — no requirement for immediate action —

must be re-issued no later than 15 days after the emergency period ends

• Corresponding appeal periods cancelled — will restart when notice is

re-issued

• Any appeal filed pursuant to original notice is valid

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…And Two Steps Back

• For municipal decisions made between March 2, 2020 and the end of

the emergency period, if notice had not issued, a municipality is not required to issue it until 15 days after the emergency period ends

• Generally — decisions affected by these provisions include decisions

adopting or refusing OPAs, ZBAs, draft plans, variances and consents

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You Ain’t a A Beauty

• Nothing precludes a municipality (or CofA) from re-issuing a notice or

issuing any new notice of decision during the emergency period

• Normal appeal period would run during the emergency period
• No new or re-issued notice would be required after the emergency

period ends

• To be clear — the Regulation does not extend appeal periods for any

notices issued or re-issued during the emergency period after April 15, 2020

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Mister State Trooper

• The Regulation suspends certain time periods under the Planning Act

during the emergency period

• 15 days for a municipal clerk to compile an appeal record
• 30 days for a municipality to declare an application complete
• Time periods after which an applicant can appeal for a municipality’s

failure to make a decision

• Deadlines for registering approved plans of subdivision, fulfilling

consent conditions, and completing transactions in respect of which a consent has been granted

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Dream of Light

• The Regulation does not prevent filing of a new application with a

municipality

• The Regulation does not prevent a municipality from reviewing

applications

• The Regulation does not prevent the filing of an appeal for a

municipality’s failure to make a decision provided the time period expired before March 17, 2020

• The Regulation does not prevent a municipal clerk from forwarding

an appeal record to the Tribunal

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Easy Money

• The Province also amended the Development Charges Act, 1997
• The amendment does not freeze development charges
• The amendment extends development charge by-laws that expired
• n or after March 17, 2020
• Extension until 6 months after the declared emergency ends

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