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 1
…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 2
…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 3
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 4
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 5
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 6
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 on or after March 17, 2020 • Extension until 6 months after the declared emergency ends 7
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