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ONTARIO REFORMS PLANNING ACT DURING STATE OF EMERGENCY

Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020

On April 14, 2020, Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received royal assent. It makes amendments to the Planning Act as follows:

Effects on Timelines

The Minister of Municipal Affairs and Housing (hereafter the “Minister”) may make regulations altering timelines for land use planning matters as prescribed under the Planning Act, and under s. 114 of the City of Toronto Act, 2006, during the period of emergency declared on March 17, 2020 by the Government of Ontario. This includes:

  • Suspending timelines during the period of emergency. These could include timelines for certain steps or actions to be taken by persons or public bodies, as well as timelines for notice or a decision to be given by a municipal council or other decision-maker.
  • Prescribing rules to address any issues that arise from the timelines being suspended.

A regulation made by the Minister under this amendment may provide that it is effective retroactively.

Effects on Planning By-laws

  • The Minister may make regulations providing that any planning by-law in effect on March 17, 2020 will remain in effect until the end of the period of emergency, whether or not it was set to expire during the period of emergency.

Conflict with the Emergency Management and Civil Protection Act (EMCPA)

  • The Minister may make regulations that limit or prohibit the application of an order under the EMCPA to regulations under the Planning Act, and under s. 114 of the City of Toronto Act,
  • A regulation made under this amendment may provide that it applies despite the

 

Ontario Regulation 149/20: Special Rules Relating to Declared Emergency

Under Bill 189, the Minister made Ontario Regulation 149/20: Special Rules Relating to Declared Emergency which came into effect on April 15, 2020. O. Reg 149/20 specifically impacts planning rules in relation to notice requirements, time periods during the COVID-19 emergency, appeals and motions, and interim control by-laws as follows:

Non-application of Orders from EMCPA

  • An order made under s. 7.1 (2) of EMCPA after April 15, 2020 does not apply to the Planning Act, its regulations, or s. 114 of the City of Toronto Act, 2006.
  • Orders made under Ontario Regulation 73/20, regarding the suspension of limitation periods during the emergency period, do not apply and have never applied to the Planning Act, its regulations, or s. 114 of the City of Toronto Act, 2006.

Notice Requirements

Notice requirements for Planning Act matters including official plans and official plan amendments (ss. 17 and 22), zoning by-laws and zoning by-law amendments (s. 34), plans of subdivision (s. 51), consents (s. 53) and applications for community planning permits (Reg 173/16 s. 10(13)) are altered as follows:

  1. Where notice was given on or after February 26, 2020 and before April 15, 2020, the notice must be re-issued no later than 15 days after the COVID-19 emergency is terminated or disallowed.
  2. Where notice of a decision, made between March 2, 2020 and before April 15, 2020, was (i) given to some but not all parties before April 15 or (ii) not given at all before April 15, 2020, then it must be provided no later than 15 days after the COVID-19 emergency is terminated or disallowed.

Notices regarding minor variances (s. 45) have slightly different rules where decisions made on or after February 6, 2020 and before April 15, 2020 require:

  1. Notice of a decision of a Committee of Adjustment is to be issued or re-issued (if notice was already given) no later than 10 days after the COVID-19 emergency is terminated or disallowed.
  2. Notice of an appeal of a decision of a Committee of Adjustment is to be given within 20 days after notice is given.

Time Periods

The duration of the COVID-19 emergency is not included in the time period requirements under certain sections of the Planning Act, or s. 114 of the City of Toronto Act, 2006 including, but not limited to, the following:

  • the time period for municipalities to forward appeal records to the Local Planning Appeal Tribunal (s. 17)
  • the time period for filing an appeal of a demolition permit (s. 33)
  • the time period for completeness of a zoning by-law amendment application (s. 34)
  • time period for the duration of an interim by-law, once it was in effect on March 17, 2020 (s. 38)
  • time period for approvals of site plans or drawings by municipalities (s. 41)
  • time period for payment under protest for park land (s. 42)
  • time period for the hearing of a minor variance application (s. 45)
  • time period for the completeness of plan of subdivision application (s. 51)
  • time period for an application for consent to be approved or refused (s. 53)
  • time period to appeal a fee paid under protest (s. 69)

Appeals and Motions

  • Appeal timelines that would have ended between March 17, 2020 and April 15, 2020 are deemed to have not ended.
  • Appeals filed on or after March 17, 2020 and before April 15, 2020 are deemed to have not been filed.
  • Motions made on or after March 17, 2020 and before April 15, 2020 are deemed to have not been made.

Interim Control By-Laws

  • If an interim control by-law was in effect on March 17, 2020 and was not repealed before April 15, 2020, and would expire during the COVID-19 emergency, that interim control by-law is deemed to remain in effect after the emergency period for a period equal to the number of days between March 17, 2020 and the day the interim control by-law would have expired.
  • If an interim control by-law was in effect on March 17, 2020 and was not repealed before April 15, 2020, and would not expire during the COVID-19 emergency, that interim control by-law is deemed to remain in effect after the day it would expire for a period of time equal to the duration of the emergency period (March 17, 2020 – termination or disallowance of the COVID-19 emergency).