Understanding The Subdivision and Condominium Application Process Complet Version
Understanding The Subdivision and Condominium Application Process Complet Version
Understanding the
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Subdivision & Condominium
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Application Process
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Your Step-By-Step Guide for
Approval Authorities 5
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Section 51 of the Planning Act
ontario.ca/municipallearning
Understanding the
Subdivision & Condominium
Application Process
Your Step-By-Step Guide for
Approval Authorities
This document is intended for use as a navigational guide for subdivision and
condominium approval authorities pursuant to section 51 of the Planning Act. If you
are uncertain whether you are an approval authority for subdivision and condominium
approvals, please contact your regional Municipal Services Office.
Time to make a decision 90 days [Planning Act, s. 53(14)] 180 days [Planning Act, s. 51(34)]
before an applicant can
appeal to the Ontario
Municipal Board for non-
decision
If provisional consent is
If draft approval is granted
granted
Time to fulfill conditions One year (no extension) A minimum of three years
[Planning Act, s. 53(41)] (extensions permitted) [Planning
Act, s. 51(32)]
STANDARD CONDOMINIUM:
The applicant proposes to convert an existing warehouse building into a commercial mall with
three individually owned units and shared ownership and maintenance of parking, driveway
and landscaping areas.
PHASED CONDOMINIUM:
The applicant recently received approval for a two-phased development. Phase one consists
of eight townhouse units, a parkette, and office/retail units with underground parking. Phase
two of the project consists of eight more additional townhouse units with a north/south
laneway connection to the public-road network. The townhouse and office/retail units are
individually owned, while the laneway, parking and parkette form the common elements.
13
COMMON ELEMENTS CONDOMINIUM:
The applicant proposes to create private lanes and visitor parking as common elements that
would be owned collectively and maintained by the owners of the 11 townhouse dwellings
and two semi-detached dwellings. The properties served by the common elements do not
appear on the condominium plan as units but are referred to as parcels of tied land (POTL).
Components of a plan of
condominium Timing of Sale
7) the authority to
1) the authority to
execute, amend or
determine if an
release agreements
application is complete,
securing conditions
pursuant to section 51
of approval of a draft
of the Planning Act (see
plan of subdivision/
Step 2 of this Guide)
condominium
2) the authority to give
8) the authority to exempt
draft approval of a plan
a condominium
of subdivision (see Step
application from s. 51
6 of this Guide)
Understanding the Subdivision & Condominium Application Process
Where the Minister of Municipal Affairs and Housing is the assigned approval
authority for subdivision and condominium applications, the Minister may delegate
his/her authority as follows (Planning Act, ss. 4-5):
Minister
commitee appointed
officer (staff)
appointed municipal
council council planning
authority
appointed appointed
council
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SEVEN ESSENTIAL DOCUMENTS
YOU SHOULD KNOW
Whole
province
Planning
Act
Provincial Policy
Statement,
2005
Regions of Provincial
the province
plans
Upper-tier
and single-tier Upper-tier Single-tier
municipalities
official plans official plans
Community improvement
plans
Zoning by-law
Development
permit Site plan control
system
Minor variance
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
the goals, objectives and policies
Provincial Policy in areas such as land use,
Statement, which together infrastructure and servicing,
form the foundation of transportation, the natural
5
Ontario’s policy-led planning environment, community
system. These plans improvement, and urban
See Appendix 5 for a recognize the opportunities
list of provincial plans. design. Certain Planning
and challenges facing Act tools can be used to
Ontario’s communities, and help achieve a community
provide leadership in dealing
Understanding the Subdivision & Condominium Application Process
*
Decision is final
Notice of a public Give notice of
complete application INCOMPLETE
*
meeting can be given
at a later date, as long and public meeting Return application
as it is given at least 14 to the applicant
days in advance of the Review and Review and
scheduled meeting. circulate application circulate application
at least
14 days
Approve draft plan Applicant appeals
(may lapse in 3+ Refuse draft plan for failure to make a
years) decision in 180 days
15 days 15 days
Issue Notice of Issue Notice of
SUBDIVISION &
Understanding the Subdivision & Condominium Application Process
Decision Decision
20 days YES 20 days CONDOMINIUM
Are there any Are there any NO
notices of appeal? notices of appeal?
APPROVAL
NO YES
PROCESS
May change
conditions anytime Forward notice of
15 days appeal, record and Forward notice of
Give notice of fees to the OMB appeal, record and
changes fees to the OMB
20 days
YES OMB Hearing REFUSE
Are there any OMB Hearing
Decision is final
notices of appeal? Decision is final
NO APPROVE
APPROVE REFUSE
Verify all Verify all
conditions are conditions are
fulfilled fulfilled
Receive 1 or 2 duplicates of the plan from the land registrar with the
certificate of registration on it, showing the number of the plan and
the date when it was registered [Planning Act, s. 51(60)].
Identify which drawings, information and studies are required by the Appendix 7
Planning Act and the official plan for a complete application (see
Step 2 - Complete Application). 7
Identify any agencies that the applicant may want to consult with in Appendix 6
relation to other permits and approvals.
6
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).
is complete or
incomplete. This 30-
day timeframe begins
from the date when Complete applications help ▶▶ all information identified
the applicant paid
the application fees.
to enable the approval in the official plan(s)
authority and commenting as part of a complete
agencies to assess the application for a draft
application and to avoid plan of subdivision or
undue delay in the approval condominium; and
process. The approval
authority may refuse to ▶▶ the application fee.
consider an application
further if it is not complete. If information is missing
1 from an application, it is
Components of a Complete recommended that the
2 Application approval authority return the
application to the applicant
3 Pursuant to the Planning Act, accompanied by a listing of
the approval authority can the outstanding information.
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fundamentals APPROVAL PROCESS lists and templates 9
CHECKLIST FOR STEP 2: COMPLETE APPLICATION
Record the date when both the application and fees have
been received.
To obtain a copy of the subdivision application of the Ministry of Municipal Affairs and
Housing, please visit www.ontario.ca/landuseplanning.
Understanding the Subdivision & Condominium Application Process
!
clerk or the secretary- authority does not
treasurer (see Step 2) the public and other receive any oral
that the application is agencies that may be submissions at a public
complete. meeting (see Step
affected by the application
5 - Public Meeting)
with the opportunity to or written comments
comment by setting out from a person or public
detailed notice requirements, body prior to making
a decision on the draft
including timing and content plan, generally the
specifications. person or public body
1 will not be able to
appeal the decision to
6 are:
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fundamentals APPROVAL PROCESS lists and templates 11
CHECKLIST FOR STEP 3: NOTICE OF COMPLETE APPLICATION
Regardless of who the approval authority is, it is the responsibility of the applicable council
or planning board to [s. 51(19.4)]:
NOTE: There are two provisions for notice of application requirements under the
Planning Act: a notice of complete application (s. 51(19.4)] and a notice of application
[s. 51(20)(a)]. These two notices have the exact same content and distribution
requirements, with the exception that a notice of application must be given at least
14 days before a decision is made, and therefore can be given later than a notice
of complete application. However, the Act also allows these two notices to be given
together, which is usually the practice among approval authorities. When a notice
of complete application is given, a notice of application is also effectively given;
consequently, these notice requirements under the Act are met.
APPLICATION REVIEW
The approval
authority has 180
days (about 6
4 [Planning Act, s. 51(23)]
months) to review
the application and
make a decision
before the applicant During application review, and garbage collection,
can appeal to the
the merits of the application are not strained. It can also
OMB for failure to
make a decision. The are evaluated against both help to conserve the natural
180-day count begins local and provincial policy environment by avoiding
from the date the – such as compatibility with the creation of lots that are
complete application
and any required fees
adjacent land uses, suitability too small to accommodate
were received. of the land for the proposed adequate sewage disposal
use, and adequacy of systems or that encroach
vehicular access, water on environmentally sensitive
supply, and sewage disposal. features or habitat.
1 The approval authority may
also circulate the application Planning Report
2 to obtain information from
internal departments A planning report should be
3 and local agencies (e.g., completed (by municipal
conservation authorities, or planning board staff or
4
* Please note:
If the application does not conform with the official plan(s), the applicant can be asked to
submit an application for an official plan amendment and to obtain approval from the approval
authority prior to further consideration of the subdivision/condominium 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 an amendment to the zoning by-law, Minister’s zoning
order, or development permit by-law may be included as a condition of draft approval.
Types of Conditions:
▶▶ Conveyance of land for parks or other public recreational purposes (or pay money in lieu
of conveyance)
▶▶ Conveyance of land for matters such as road widenings, pedestrian and bicycle
pathways, and public-transit right of ways
▶▶ Provision of local services such as the construction and dedication of public roads, or
the provision of adequate sewer and water supplies (or payment of the costs for their
provision)
▶▶ Provision of other services such as control of storm-water management and measures for
noise attenuation
▶▶ Conveyance of any planned school sites to the school board, if designated on the
subject property
▶▶ Entering into one or more development agreements that are registered on title (a
development agreement can include conditions that take a lengthier time to meet, such
as the provision of sidewalks and roads that may be provided after a plan is given final
approval. Registering the agreement on title guarantees the legal effect of the clauses,
even when ownership of the land changes).
Provide the notice to every person and public body that has Appendix 13
provided a written request to be notified of a public meeting as well
as other required persons and public bodies [O. Reg. 544/06, s. 5(3)]. 13
At the meeting, consider informing the public that, under the
Planning Act, only persons and public bodies that make oral
presentations at the public meeting or submit written comments
Understanding the Subdivision & Condominium Application Process
It is recommended
that a decision be
made within 180
6 DECISION
(Planning Act, ss. 51(24), (25), (31) & (32))
12
20 fundamentals APPROVAL PROCESS lists and templates
Conditions of Approval Red-Line Revision
The decision conforms or does not conflict with any applicable Appendix 5
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Understanding the Subdivision & Condominium Application Process
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22 fundamentals APPROVAL PROCESS lists and templates
CHECKLIST FOR STEP 7: NOTICE OF DECISION
Have a notice prepared containing all the information required Appendices
by Ontario Regulation 544/06 [O. Reg. 544/06, s. 9(1)]. 20-22
20 -
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24 fundamentals APPROVAL PROCESS lists and templates
CHECKLIST FOR STEP 8: CHANGES TO CONDITIONS
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26 fundamentals APPROVAL PROCESS lists and templates
Understanding the Subdivision & Condominium Application Process
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lists and templates
APPROVAL PROCESS
fundamentals
CHECKLIST FOR STEP 9: APPEAL
If no notice of appeal is received:
Verify that the OMB filing fee is included [Planning Act, ss.
51(34), (39), (43) & (48)].
Under the Planning Act, the Ontario Municipal Board may dismiss an appeal without holding
a hearing on a number of grounds such as:
▶▶ The appellant has not provided written reasons for the appeal.
▶▶ The appellant has not responded to a request by the Board for further information
within the time specified by the Board.
For the latter two cases, there must be a planning rationale in support of
the decision or the negotiated settlement.
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32 fundamentals APPROVAL PROCESS lists and templates
Final approval must
be issued prior to the
lapsing date of draft
approval.
12 FINAL PLAN APPROVAL
[Planning Act, ss. 51(58)-(60)]
All planning decisions shall have regard to the matters of provincial interests
listed in section 2 of the Planning Act. These are:
The following checklist is intended to assist approval authorities in the preliminary assessment of
subdivision and condominium 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 (PPS) in its entirety and apply all
relevant policies to each situation. Some considerations may be applied later in the approval
process.
This checklist includes suggested examples that are not required by the Provincial Policy
Statement, 2005 (PPS) but are for information only.
PPS
SUBJECT QUESTION YES NO
POLICIES
If the subject lands are located in a settlement area, See policies
does the application represent opportunities for 1.1.3.2a) &
intensification and redevelopment? b).
Settlement
Areas Suggested examples:
-- the application is an infill development
-- the application proposes a higher density than
Suggested examples:
Housing -- lots/units for rowhouses
-- lots/units for live/work buildings
-- lots/units for single-detached housing
Suggested examples:
-- streets are inter-connected
-- streets contain sidewalks
-- streets contain bicycle facilities
Understanding the Subdivision & Condominium Application Process
Suggested examples:
Public spaces -- pocket park(s)
-- small playground(s)
-- ball-field park(s)
-- public squares and spaces
-- space for community gardens and urban
agriculture (urban areas esp.)
-- pedestrian passages
-- public access to ponds, streams, marshes, tree
stands, nature trails and parks
Does the application provide public access to See policy
shorelines, where they exist? 1.5.1c).
Suggested examples:
-- lot sizes are varied to accommodate a diversity of
uses and proximity to them
-- block sizes are small to promote walkability
-- any proposed road system is interconnected
within the development and to neighbouring
developments
Does the application propose transportation systems See policy
that are appropriate for the projected needs of the 1.6.5.1.
development?
Suggested examples:
-- all lots have publicly owned and maintained road
access
-- proposed thoroughfare type(s) most accurately
represents the planned speed and function without
being excessively wide (e.g., from multi-lane
Transportation avenues, streets and boulevards to single lane
streets and service lanes)
-- for water access only lots there is adequate public
Suggested examples:
-- streets are connected to the developments around
it
-- road network consists of connected thoroughfares
instead of dead-end street systems
-- the application proposes buildings that cluster
closely together (compact form)
-- the application proposes mixed-use buildings
such as offices or housing located above stores to
maximize use of the transportation system,
-- and/or the application proposes a variety of uses,
such as large and small dwellings, workplaces,
retail services, schools and recreational centres
(community facilities)
Are the subject lands in the vicinity of an airport? See policies
Airports 1.6.7.1 and
1.6.7.2.
fundamentals approval process LISTS AND TEMPLATES 41
PPS
SUBJECT QUESTION YES NO
POLICIES
DO THE SUBJECT LANDS CONTAIN:
Natural Significant habitat of endangered species and See policy
Heritage threatened species? 2.1.3a).
Areas
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).
Human-made
Hazards Areas Oil, gas and salt hazards? See policy
3.2.1.
Former mineral mining operations, mineral aggregate See policy
operations or petroleum resource operations? 3.2.2.
PLANNING
DOES THE APPLICATION HAVE REGARD TO: YES NO ACT
SECTION
The health, safety, convenience, accessibility for persons with s. 51(24)
disabilities and welfare of present and future residents of the
community?
The matters of provincial interest in section 2 of the Planning Act? s. 51(24)(a)
Whether the layout of any new lots (or units) proposed by the s. 51(24)(l)
subdivision (or condominium) optimizes energy efficiency?
The interrelationship between the proposed subdivision (or s. 51(24)(m)
condominium) and matters of site plan control, as applicable?
Residential
Tenancies Act,
2006
IF THE APPLICATION IS AN AMALGAMATION OF CONDOMINIUMS:
Is there confirmation that at least 90% of unit owners in all of
If the subject lands are located in any of the areas governed by the plans shown below or any
other provincial plans, ensure that the application conforms or does not conflict with the applicable
policies.
Understanding the Subdivision & Condominium Application Process
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.
water’ work) vegetation, and structures occupying over 15 sq. of Natural Resources
meters of a shore land (this includes the beds of for more information.
most navigable waters which are normally Crown
owned, as well as adjacent private shore lands,
only if they are contiguous with Crown owned
lands.)
WATER SUPPLY
Permit to Take Water Required when more than a total of 50,000 litres of Contact your local
(Ontario Water water in a day from wells or a surface water supply Ministry of the
Resources Act) is proposed to be taken. Environment office for
more details.
The approval authority can require all of the information below as part of a complete application for
a proposed plan of subdivision or condominium:
A. Information to be submitted
3. A description of the subject land, including such information as the municipality, or the
geographic township in unorganized territory, concession and lot numbers, reference
plan and part numbers, and street names and numbers, is included.
4. Whether there are any easements or restrictive covenants affecting the subject land
is indicated. If the answer is yes, a description of each easement or covenant and its
effect are included.
5. If known,
-- the total number of lots and blocks shown on the draft plan;
-- the total number of units or dwellings shown on the draft plan;
-- the total area of land shown on the draft plan in hectares;
-- the total number of units or dwellings shown on the draft plan per hectare; and
-- the total number of parking spaces shown on the draft plan.
Uses
1. Detached 4. Apartment 8. Commercial
residential residential 9. Industrial
2. Semi-detached 5. Seasonal 10. Institutional
residential residential 11. Park or open
3. Multiple 6. Mobile home space
attached 7. Other 12. Roads
residential residential 13. Other
14. Whether sewage disposal will be provided to the subject land by a publicly owned
and operated sanitary sewage system, a privately owned and operated individual or
communal septic system or other means.
15. Whether storm drainage will be provided by sewers, ditches, swales or other means.
i. whether a site plan for the proposed condominium has been approved and
whether a site plan agreement has been entered into;
ii. whether a building permit for the proposed condominium has been issued;
iii. whether the proposed condominium is under construction or has been
completed;
iv. if construction has been completed, the date of completion; and
v. whether the proposed condominium is a conversion of a building containing
residential rental units, and in that case the number of units to be converted.
17. Whether the plan is consistent with policy statements issued under subsection 3(1) of
the Act.
18. Whether the subject land is within an area of land designated under any provincial
plan or plans. If the answer is yes, whether the plan conforms to or does not conflict
with the applicable provincial plan or plans.
19. If the applicant is not the owner of the subject land, the owner’s written authorization
to the applicant to make the application.
20. An affidavit or sworn declaration by the applicant that the information required and
provided by the applicant is accurate.
6. The approximate dimensions and layout of the proposed lots are shown.
i. on 5 or more lots/units, or
ii. for a development that would produce > 4500
litres/day of effluent, or
iii. on < 5 lots/units and for a development that ӹӹ Hydrogeological Report
would produce less than or equal to 4500 litres/
day of effluent
Water Supply:
Where water is provided by privately owned and ӹӹ Servicing Options Report
operated individual or communal wells ӹӹ Hydrogeological Report
Archaeological:
Where there are known archaeological resources ӹӹ Archaeological assessment
Understanding the Subdivision & Condominium Application Process
E. Application fees
APPLICATION FEES
Application fees in the amount indicated in your local tariff of fees.
(insert letterhead)
_________, 20___
Dear Sir/Madam:
This letter is to acknowledge receipt of the information dated ______, 20__ and to advise
that the above-noted application for draft plan of (subdivision/condominium) has been
determined to be complete having met the requirements of subsections 51(17) and (18) of
the Planning Act.
Sincerely,
__________________________
(Approval authority designate)
in the __________________________________________________________________
(name of/county/region/district)
solemnly declare that the requirements for giving notice under clause 51(20)(a)
of the Planning Act have been complied with, and I make this solemn
same force and effect as if made under oath, and by virtue of the Canada
Evidence Act.
____________________
(municipality or planning board designate)
____________________
(Commissioner of Oaths)
CONTENT REQUIREMENTS
BY ORDINARY MAIL, PERSONAL SERVICE, FAX OR PUBLISHED IN A BY POSTING ON THE
NEWSPAPER
*
A description of the proposed plan
PROPERTY
**
A description of the
proposed plan
A description of the subject land or a key map showing Where and when
the location of the subject land additional information
and material regarding
the proposed plan will be
available to the public for
*** See Appendix 11 for a sample of a notice by mail, personal service or fax.
See Appendix 12 for a sample of a notice by posting on the property.
authority).”
*** See Appendix 11 for a sample of a notice by mail, personal service or fax.
See Appendix 12 for a sample of a notice by posting on the property.
NOTE: There are two provisions for notice of application requirements under the Planning Act: a
notice of complete application [s. 51(19.4)] and a notice of application [s. 51(20)(a)]. These two
notices have the exact same content and distribution requirements with the exception that a
notice of application must be given at least 14 days before a decision is made, and therefore
can be given later than the notice of a complete application. However, the Act also allows these
two notices to be given together, which is usually the practice among approval authorities. When
a notice of a complete application is given, a notice of application is also effectively given;
consequently, these notice requirements under the Act are met.
(enter name of the municipality or planning board) is in receipt of an application for approval
of a proposed plan of (subdivision/condominium) for property as described below. The
application was deemed to be complete by (enter name of the municipality or planning
board) on _____, 20__ in accordance with subsections 51(17) and (18) of the Planning Act.
LOCATION OF PROPERTY
DESCRIPTION OF PROPOSAL
The draft plan of (subdivision/condominium) consists of (enter number and type of lot e.g.,
single family residential, commercial, industrial lot(s)/ number and type of units and common
elements). Access to all (lots/units) is proposed via (enter the number of new local streets /
water access from a public launch facility located at _____) that would connect to (enter
name(s) of public street(s)).
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/development permit), File Number(s) ___________.
ii) If a person or public body does not make oral submissions at a public meeting, if one is
held, or make written submissions to (enter name of the approval authority) in respect of the
proposed plan of (subdivision/condominium) before the approval authority gives or refuses
to give approval to the draft plan of (subdivision/condominium), the person or public body
may not be added as a party to the hearing of an appeal before the Ontario Municipal
Board unless, in the opinion of the Board, there are reasonable grounds to do so.
iii) If you wish to be notified of the decision of (enter name of the approval authority) in
respect of the proposed plan of (subdivision/condominium), you must make written request
to (enter name and address of the approval authority).
A copy of the application is available for inspection at (enter office or counter location)
of the (enter name of the office) between the hours of (enter business hours and days of the
week). Additional information is available from (enter name of staff member), tel (enter
telephone number) or by e-mail (enter e-mail address), quoting file number (enter file number).
Sincerely,
__________
(municipality or planning board designate)
Understanding the Subdivision & Condominium Application Process
KEY MAP
NOTE: There are two provisions for notice of application requirements under the Planning Act:
a notice of complete application [s. 51(19.4)] and a notice of application [s. 51(20)(a)]. These
two notices have the exact same content and distribution requirements with the exception that
a notice of application must be given at least 14 days before a decision is made, and therefore
can be given later than the notice of a complete application. However, the Act also allows
these two notices to be given together, which is usually the practice among approval authorities.
When a notice of complete application is given, a notice of application is also effectively given;
consequently, these notice requirements under the Act are met.
___________
Grade
ATTACH O.
PERSONS OR PUBLIC BODIES TO WHOM NOTICE
METHOD COPY OF REG.
MUST BE GIVEN
APPLICATION? 544/06
*
a) Every landowner within 120m of the subject
land, and of any adjacent (abutting) land
By ordinary mail
or personal
service
s. 4(2)
**
clearly visible
nearby location chosen by the official and legible from
Understanding the Subdivision & Condominium Application Process
a place where
the public has
access (e.g.,
public highway)
OR
In a newspaper that in the official’s
** opinion
is of sufficient circulation in the area that it
By publishing in a
newspaper
s. 4(5)
For the following persons and public bodies, notice does not have to be given if the approval
authority has received confirmation that they do not wish to be notified
The clerk of every local municipality or the By ordinary mail; s. 4(8),
secretary-treasurer of every municipal planning personal service; para 1
or fax
authority or planning board having jurisdiction
in the area to which the plan of subdivision/
condominium would apply
60
* **
( ) and ( ) indicate further definitions on page 90
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. But if the approval 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 120m 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.
NOTE: There will likely be other local/regional/provincial bodies that an approval authority should
consider providing notice to in order to ensure a comprehensive and meaningful analysis of the
application. See Appendix 6 for a list of some potentially applicable additional public bodies.
A. Background
i. Purpose of the proposal and description
ii. Site and surrounding area characteristics
iii. History of the application
B. Planning Analysis
i. Consistency with the Provincial Policy Statement (PPS)
ii. Conformity with any Provincial Plans
iii. Conformity with the Official Plan(s)
iv. Compliance with the Zoning By-law(s), Minister’s zoning order or
Development Permit System by-law, as applicable
v. Compliance with any Site Plan Control Area By-law(s), as applicable
vi. Application of benefits under the Community Improvement Project Area
By-law, as applicable
vii. Community Consultation (summary of public comments and how they
could potentially be addressed)
Understanding the Subdivision & Condominium Application Process
C. Recommendation
i. Proposed decision and a summary synopsis of the planning rationale
Attachments:
a. Draft conditions
b. Map showing applicable overlaying designations/zones in the
Provincial Plan(s), Official Plan(s) and Zoning by-law
c. Draft plan of subdivision
d. Other plans (elevation plans, grading plans, concept plans, etc.)
e. Copies of written submissions
NOTE: Other conditions may be imposed to address matters raised by the municipality,
circulated agencies and the public.
GENERAL
▶▶ That this approval applies to the draft plan (enter Drawing no.), prepared by (enter
Firm’s name), dated (enter date), (enter “as revised on the attached plan” if necessary),
which shows a total of (enter the number and type of units/common elements/lots)
(lots/units/blocks).
▶▶ The owner agrees, by entering into an agreement(s), to satisfy all terms, conditions
and obligations, financial and otherwise, of the (enter name of the municipality or
approval authority), at the owner’s sole expense, all to the satisfaction of the (enter
name of the municipality or approval authority).
HIGHWAYS/ROADS
▶▶ That the street(s) shall be named to the satisfaction of the (enter name of the
municipality/planning board).
▶▶ That (enter amount of land/sufficient land/Block no.__), to widen (enter name of the
road/highway), shall be shown and dedicated as public highways on the final plan.
▶▶ That a 0.3 metre reserve adjacent to, but outside of the widened limit of (enter
name of road), as shown on the draft plan, shall be conveyed to the municipality.
PARKS
▶▶ That the owner convey (enter % conveyed: up to 5% residential, up to 2% commercial/
industrial) of the land included in the plan to the municipality or the appropriate
authority for park or other public recreational purposes. This shall include (enter block
or lot numbers). Or,
▶▶ That the owner pay (enter % of the value of the land: up to 5% residential, up to 2%
commercial/industrial) to the (enter name of the municipality or the appropriate
approval authority) for park or other public recreational purposes.
ZONING
▶▶ That prior to final approval by the (enter name of the approval authority), we are to
be advised by (enter name of the applicable municipality) that the development
of these lands in accordance with this draft approved plan of (subdivision/
condominium) is permitted by the (enter zoning by-law/Minister’s zoning order/
development permit system by-law) in effect.
CLOSING CONDITIONS
▶▶ That provision is made for the agreement(s) between the owner and the (enter name
of the municipality or approval authority) to be registered against the lands to which it
applies once the plan of (subdivision/condominium) has been registered.
Understanding the Subdivision & Condominium Application Process
CONTENT REQUIREMENTS
BY ORDINARY MAIL, PERSONAL SERVICE, FAX OR PUBLISHED BY POSTING ON THE
IN A NEWSPAPER PROPERTY
The date, time and location of the public meeting The date, time and location of
the public meeting
A description of the proposed plan A description of the proposed
plan
This statement: “If a person or public body does Where and when additional
not make oral submissions at the public meeting information and material
or make written submissions to (enter name of the regarding the proposed plan
approval authority) in respect of the proposed plan will be available to the public
of (subdivision/condominium) before the approval for inspection
You are invited to attend a public meeting to be held by (enter name of the municipality
or planning board) to consider an application for a proposed draft plan of (subdivision/
condominium) pursuant to subsection 51(20) of the Planning Act.
TIME: _:__
PLACE: __________
__________
__________
LOCATION OF PROPERTY
The subject lands are located (east or west) of (enter name of the road) and (north or south)
of (enter name of road), in (enter name of community). The subject lands are approximately
(enter number of hectares) hectares with a frontage of approximately (enter number
of metres) m on (enter name of road) and a depth of approximately (enter number of
metres) m. The subject lands are municipally known as (enter municipal address) and are
legally described as (enter full legal description as found on the draft plan of subdivision/
condominium). See key map below.
DESCRIPTION OF PROPOSAL
The draft plan of (subdivision/condominium) consists of (enter number and type of lot e.g.,
single family residential, commercial, industrial lot(s)/enter number and type of units and
common elements). Access to all (lots/units) is proposed via (enter number of new local
streets/water access from a public launch facility located at _____) that would connect to (enter
ii) If a person or public body does not make oral submissions at the public meeting or make
written submissions to (enter name of the approval authority) in respect of the proposed plan
of (subdivision/condominium) before the approval authority gives or refuses to give approval
to the draft plan of (subdivision/condominium), the person or public body may not be
added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in
the opinion of the Board, there are reasonable grounds to do so.
iii) If you wish to be notified of the decision of (enter name of the municipality or planning
board) in respect of the proposed plan of (subdivision/condominium), you must make written
request to (enter name and address of the approval authority) or by e-mail at (enter applicable
e-mail address).
ADDITIONAL INFORMATION
A copy of the application is available for inspection at (enter office or counter location,
and address) between the hours of (enter business hours and days of the week). Additional
information is available from (enter name of staff member), at (enter telephone number) or
(enter e-mail address), quoting file number (enter file number).
Sincerely,
KEY MAP
A public meeting will be held on (enter date and time of the public
meeting) at (enter location of the public meeting).
___________
___________
tel: ____________
e-mail: ____________
Grade
the notice requirements and the requirement for holding a public meeting under clause
51(20)(b) of the Planning Act have been complied with, and that all persons and public
bodies that made oral submissions at the public meeting are as stated below. 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.
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
____________________
(employee)
____________________
(Commissioner of Oaths)
▶▶ the applicant
▶▶ each person or public body that made a written request to be notified of the
decision
▶▶ a municipality or planning board having jurisdiction over the subject land
▶▶ the regional director of the Ministry of Municipal Affairs and Housing,
Municipal Services Office, ONLY IF the regional director has given the
approval authority a written request to be given notice of changes to the
conditions of approval of plans of subdivision/condominium (if the approval
authority is not the Minister)
[Planning Act, s. 51(37), O. Reg. 544/06, s. 9(2)]
CONTENT CHECKLIST:
The last date for filing a notice of appeal, and a statement that the
notice of appeal:
A statement that any of the following may, at any time before the
approval of the final plan of subdivision, appeal any of the conditions
imposed by the approval authority to the Ontario Municipal Board
by filing a notice of appeal with the approval authority:
i. the applicant;
ii. any public body that, before the approval authority made its
decision, made oral submissions at a public meeting or written
submissions to the approval authority;
iii. the Minister;
iv. the municipality in which the subject land is located, or the
planning board in whose planning area it is located; and
v. if the subject land is not located in a municipality or planning
area, any public body.
72 fundamentals approval process LISTS AND TEMPLATES
CONTENT CHECKLIST (cont’d):
NOTICE OF DECISION
[Planning Act, s. 51(31)]
Pursuant to subsection 51(31) of the Planning Act, the above-noted draft plan of
(subdivision/condominium) was approved by (enter name of the approval authority) on
______, 20___, subject to conditions listed in Attachment A. Unless otherwise noted, these
conditions must be fulfilled prior to final approval of the plan.
The approval lapses on (enter lapsing date). The approval may be extended pursuant to
subsection 51(33) of the Planning Act, but no extension can be granted once the approval
has lapsed.
The subject land is also the subject of an application for (enter minor variance/zoning by-law
amendment/official plan amendment/site plan/Minister’s zoning order/development permit),
File Number(s) ___________.
Understanding the Subdivision & Condominium Application Process
APPEAL
The last date for filing a notice of appeal to the Ontario Municipal Board in relation to this
decision is _______, 20__. A notice of appeal must be filed with the approval authority, must
set out the reasons for the appeal, and must be accompanied by a filing fee of $___ (verify
the amount with the OMB) paid by certified cheque or money order, in Canadian funds,
payable to the Minister of Finance.
Any of the following may, at any time before the approval of the final plan of (subdivision/
condominium), appeal any of the conditions imposed by the approval authority to the
Ontario Municipal Board by filing a notice of appeal with the approval authority:
▶▶ the applicant,
▶▶ any public body that, before the approval authority made its decision, made oral
submissions at a public meeting or written submissions to the approval authority,
▶▶ if the subject land is not located in a municipality or planning area, any public body
▶▶ the Minister of Municipal Affairs and Housing,
▶▶ the municipality in which the subject land is located/the planning board in whose
planning area it is located, if applicable
No person or public body shall be added as a party to the hearing of the appeal of the
decision of the approval authority, including the lapsing provisions or the conditions,
unless the person or public body, before the decision of the approval authority, made oral
submissions at a public meeting or written submissions to the approval authority or, in the
Ontario Municipal Board’s opinion, there are reasonable grounds to add the person or
public body as a party.
No person or public body shall be added as a party to the hearing of an appeal regarding
any changes to the conditions of approval unless the person or public body, before the
approval authority made its decision, made oral submissions at a public meeting or written
submissions to the approval authority, or made a written request to be notified of the
changes to the conditions.
KEY MAP
(insert copy of the decision on the application, including the conditions and the lapsing
provision, if any)
Understanding the Subdivision & Condominium Application Process
NOTICE OF DECISION
Pursuant to subsection 51(31) of the Planning Act, the above-noted draft plan of
(subdivision/condominium) was refused by (enter name of the approval authority) on ______,
20___. A copy of the decision is attached.
APPEAL
The last date for filing a notice of appeal to the Ontario Municipal Board in relation to this
decision is _______, 20__. A notice of appeal must be filed with the approval authority, must
set out the reasons for the appeal, and must be accompanied by a filing fee of $___ (verify
the amount with the OMB) paid by certified cheque or money order, in Canadian funds,
payable to the Minister of Finance.
Any of the following may, at any time before the approval of the final plan of (subdivision/
▶▶ the applicant,
▶▶ any public body that, before the approval authority made its decision, made oral
submissions at a public meeting or written submissions to the approval authority,
▶▶ (if the subject land is not located in a municipality or planning area, enter “any public
body”)
▶▶ The Minister of Municipal Affairs and Housing,
▶▶ (enter name of the municipality in which the subject land is located/the planning board in
whose planning area it is located, if applicable)
No person or public body shall be added as a party to the hearing of the appeal of the
OTHER APPLICATIONS
The subject land is also the subject of an application for (enter minor variance/zoning by-law
amendment/official plan amendment/site plan/Minister’s zoning order/development permit),
File Number(s) ___________.
__________
(municipality or planning board designate)
KEY MAP
Understanding the Subdivision & Condominium Application Process
in the __________________________________________________________________
(name of/county/region/district)
solemnly declare that the requirements for giving notice under subsection
51(37) of the Planning Act have been complied with, and I make this solemn
same force and effect as if made under oath, and by virtue of the Canada
Evidence Act.
Understanding the Subdivision & Condominium Application Process
____________________
(municipality or planning board designate)
____________________
(Commissioner of Oaths)
in the __________________________________________________________________
(name of/county/region/district)
solemnly declare that no appeal was filed within the time allowed for the
appeal under subsection 51(39) of the Planning Act, and I make this solemn
same force and effect as if made under oath, and by virtue of the Canada
Evidence Act.
____________________
(municipality or planning board designate)
____________________
(Commissioner of Oaths)
▶▶ the applicant
▶▶ each person or public body that made a written request to be notified of
changes to the conditions
▶▶ a municipality or a planning board for a planning area in which the land to
be subdivided is situate.
▶▶ the regional director of the Ministry of Municipal Affairs and Housing,
Municipal Services Office, ONLY IF the regional director has given the
approval authority a written request to be given notice of changes to the
conditions of approval of plans of subdivision/condominium (if the approval
authority is not the Minister)
[Planning Act, s. 51(45), O. Reg. 544/06, s. 10(2)]
CONTENT CHECKLIST:
Understanding the Subdivision & Condominium Application Process
A statement that any of the following may, at any time before the
approval of the final plan, appeal any of the conditions imposed
by the approval authority to the Ontario Municipal Board by filing a
notice of appeal with the approval authority:
▶▶ the applicant,
▶▶ any public body that, before the approval authority made
its decision, made oral submissions at a public meeting or
written submissions to the approval authority,
▶▶ the Minister,
▶▶ the municipality in which the subject land is located, or the
planning board in whose planning area it is located,
▶▶ if the subject land is not located in a municipality or planning
area, any public body.
The statement:
The statement:
Pursuant to subsection 51(44) of the Planning Act, changes were made by (enter name of the
approval authority) to the above-noted draft plan of (subdivision/condominium) on ______,
20___. Unless otherwise noted, these conditions must be fulfilled prior to final approval of the
plan.
The approval of this draft plan of (subdivision/condominium) lapses on (enter lapsing date).
The approval may be extended pursuant to subsection 51(33) of the Act, but no extension
can be granted once the approval has lapsed.
APPEAL
Understanding the Subdivision & Condominium Application Process
The last date for filing a notice of appeal to the Ontario Municipal Board in relation to the
changed conditions is _______, 20__. A notice of appeal must be filed with the approval
authority, must set out the reasons for the appeal, and must be accompanied by a filing fee
of $___ (verify amount with the OMB) paid by certified cheque or money order, in Canadian
funds, payable to the Minister of Finance.
▶▶ the applicant,
▶▶ any public body that, before the approval authority made its decision, made oral
submissions at a public meeting or written submissions to the approval authority,
▶▶ the Minister of Municipal Affairs and Housing,
▶▶ the municipality in which the subject land is located, or the planning board in whose
planning area it is located,
▶▶ (if the subject land is not located in a municipality or planning area, enter “any public
body”).
No person or public body shall be added as a party to the hearing of an appeal regarding
any changed conditions imposed by the approval authority. This is true unless the person or
public body, before the approval authority made its decision, made oral submissions at a
public meeting or written submissions to the approval authority, or made a written request to
be notified of the changes to the conditions.
__________
(municipality or planning board designate)
in the __________________________________________________________________
(name of/county/region/district)
solemnly declare that the requirements for giving notice under subsection
51(45) of the Planning Act have been complied with, and I make this solemn
same force and effect as if made under oath, and by virtue of the Canada
Evidence Act.
Understanding the Subdivision & Condominium Application Process
____________________
(municipality or planning board designate)
____________________
(Commissioner of Oaths)
in the __________________________________________________________________
(name of/county/region/district)
solemnly declare that no appeal was filed under subsection 51(48) of the
Planning Act within the time allowed for the appeal, and I make this
of the same force and effect as if made under oath, and by virtue of the
____________________
(municipality or planning board designate)
____________________
(Commissioner of Oaths)
TYPE OF APPEAL
Failure to All other O. Reg.
make a types of 544/06
MATERIAL TO BE FORWARDED TO THE APPEAL BODY decision appeals section
[s. 51(34)
of the
Planning
Act]
An affidavit or sworn declaration listing all persons and public s.8, para
bodies that made oral submissions at the public meeting and 8 and
signed by: subpara
9ii
i. an employee of the local municipality or planning board, if it
was requested by the approval authority to hold the public
meeting, OR
ii. an employee of the approval authority if it held the public
meeting
A copy of the minutes of the public meeting s.8, para
10
A copy of any planning report considered by the approval authority s.8, para
11
A copy of the decision of the approval authority, including the s.11,
conditions and the lapsing provision, if any para 2
A statement by an employee of the approval authority as to s.11,
whether the decision of the approval authority para 3
* The filing fee for the Ontario Municipal Board as of the date of the writing of this document is $125. To verify the most
up-to-date fees, visit www.omb.gov.on.ca.
Subject to the conditions set forth in our decision dated _______ this draft plan is
approved under section 51 of the Planning Act.
_________________
(position title)
(name of approval authority)
This final plan of subdivision is approved under section 51 of the Planning Act on this
_________ day of ________, 20__.
_________________
(position title)
(name of approval authority)
Subject to the conditions set forth in our decision dated _________, this draft plan of
condominium is approved under section 51 of the Planning Act and section 9 of the
Condominium Act, 1998.
_________________
(position title)
(name of approval authority)
This final plan of condominium is approved under section 51 of the Planning Act and
section 9 of the Condominium Act, 1998 on this _________ day of ________, 20____.
_________________
Understanding the Subdivision & Condominium Application Process
(position title)
(name of approval authority)
Parts ___________ of this description are exempted under subsection 9(3) of the
Condominium Act, 1998 this ____ day of __________, 20___.
_________________
(position title)
(name of approval authority)
(insert letterhead)
________, 20__
Dear Sir/Madam:
Enclosed are the original and the required copies of the above-noted final plan, as
approved under subsection 51(58) of the Planning Act.
When the owner requests the registration of the final plan, and the requirements
Yours truly,
___________
(municipality or planning board designate)
Encl.
NORTHWESTERN DISTRICT
Kenora Rainy River Thunder Bay
Land Registry Office No. 23 Land Registry Office No. 48 Land Registry Office No. 55
220 Main Street South 353 Church Street 189 Red River Road, Suite 201
Kenora ON P9N 1T2 Fort Frances ON P9A 1C9 Thunder Bay ON P7B 1A2
Tel: (807) 468-2794 Tel: (807) 274-5451 Tel: (807) 343-7436
Fax: (807) 468-2796 Fax: (807) 274-1704 Fax: (807) 343-7439
NORTHEASTERN DISTRICT
Algoma Cochrane Manitoulin
Land Registry Office No. 1 Land Registry Office No. 6 Land Registry Office No. 31
420 Queen Street East 143-4th Avenue (Court House) 27 Phipps Street
Sault Ste. Marie ON P6A 1Z7 PO Box 580 P.O. Box 619
Tel: (705) 253-8887 Cochrane ON P0L 1C0 Gore Bay ON P0P 1H0
Fax: (705) 253-9245 Tel: (705) 272-5791 Tel: (705) 282-2442
Fax: (705) 272-2951 Fax: (705) 282-2131
Nipissing Parry Sound Sudbury
Land Registry Office No. 36 Land Registry Office No. 42 Land Registry Office No. 53
Court House 28 Miller Street 199 Larch Street, Suite 301
360 Plouffe Street Parry Sound ON P2A 1T1 Sudbury ON P3E 5P9
North Bay ON P1B 9L5 Tel: (705) 746-5816 Tel: (705) 564-4300
This guide has been prepared for education and training purposes. It summarizes and
deals with complex matters. As well, the guide 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 guide should not be relied on, or 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 guide. Although the guide 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.
Contact your local Municipal Services Office for further information on the subdivision and
condominium application process.
Northwestern Western
Suite 223, 435 James St S 2nd Floor, 659 Exeter Rd
Thunder Bay ON P7E 6S7 London ON N6E 1L3
807-475-1651 519-873-4020
Northeastern Eastern
Suite 401, 159 Cedar St Rockwood House
Sudbury ON P3E 6A5 8 Estate Lane
705-564-0120 Kingston ON K7M 9A8
613-545-2100
Central
2nd Floor, 777 Bay St
Toronto ON M5G 2E5
416-585-6226
Understanding the Subdivision & Condominium Application
Process: Your Step-By-Step Guide for Approval Authorities
Ontario.ca/MunicipalLearning