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273 views116 pages

Understanding The Subdivision and Condominium Application Process Complet Version

Uploaded by

tar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

1

Understanding the
2
Subdivision & Condominium
3
Application Process
4
Your Step-By-Step Guide for

Approval Authorities 5
6
7
8
9
10
11
12
Section 51 of the Planning Act

ontario.ca/municipallearning
Understanding the
Subdivision & Condominium
Application Process
Your Step-By-Step Guide for

Approval Authorities

Interpretation of this Document

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.

Section 51 of the Planning Act


Copyright Queen's Printer for Ontario, photo source: Ontario Growth Secretariat, Ministry of Infrastructure

FUNDAMENTALS Land Division in Ontario


What is a Plan of Subdivision?
OF LAND What is a Plan of Condominium?
DIVISION Public Bodies That are Approval
Authorities
Seven Essential Documents You
Should Know
LAND DIVISION IN ONTARIO
(Planning Act, s. 50)

Section 50 of the Planning lots or a single lot is being


Act prevents the division of divided into two, the division
land into smaller parcels, of land is generally subject
unless one of the exceptions to a public process ensuring
identified in the section that provincial interests and
applies. This usually local planning concerns - as
means that approval by a expressed in the official plan
governmental body will be - are satisfied. The larger
required in order for land the number of lots being
division to occur (some created, the more complex
exceptions to this rule are the considerations in the
identified below). As a result, planning approval process
whether a greenfield is being will generally be.
broken up into 50 buildable

Exceptions under the Planning Act


Understanding the Subdivision & Condominium Application Process

Some types of transactions that do not require an application for


land division [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, by 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

8 FUNDAMENTALS approval process lists and templates


PLAN OF SUBDIVISION/
CONSENT
CONDOMINIUM
Application requirements Less information is required for More detailed information is
an application to be deemed required for an application to
complete be deemed complete
(O. Reg. 197/96, Schedule 1) (O. Reg. 544/06, Schedule 1)

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)]

If consent is given If final approval is granted


Time to transfer the new lots Two years (no extension) No timeline specified
[Planning Act, s. 53(43)]
Note: If the applicant does not
register a final plan within 30

Understanding the Subdivision & Condominium Application Process


days of the date of approval,
the approval may be withdrawn.
[Planning Act, s. 51(59)]. Also,
if a plan has been registered for
eight years or more, the local
municipality can deem the plan to
not be registered [s. 50(4)].

The Planning Act provides 1) consent


four main ways that a 2) plan of subdivision
planning approval authority 3) plan of condominium
can control land division: 4) exemption from part-lot
control

FUNDAMENTALS approval process lists and templates 9


WHAT IS A PLAN OF SUBDIVISION?

The plan of subdivision can be registered at the


approval process is Land Registry Office.
described in section 51, 51.1
and 51.2 of the Planning Act. Timing of sale
This process allows land to be
divided in a comprehensive Subsection 52(1) of the
manner, often requiring the Planning Act provides that,
creation of public streets, once an approval authority
multiple lots, and the need has granted draft approval
for extensive infrastructure. of a plan of subdivision,
a developer may enter
A plan of subdivision is a into agreements to sell the
geographically precise parcels of land, based on a
map (survey) completed description in accordance
by a licensed Ontario Land with the draft-approved plan
The consent approval
process is described
Surveyor. It consists of: of subdivision. However, only
Understanding the Subdivision & Condominium Application Process

in section 53 of the when the approval authority


Planning Act and is a ▶▶ surveyed property has granted final approval
helpful alternative for boundaries on a plan of subdivision and
non-complex land-
use proposals where the plan is subsequently
a plan of subdivision ▶▶ numbering and registered in a local Land
is not required (e.g., dimensions of lots Registry Office can a
the creation of one or
developer complete these
two lots or easements).
Please refer to ▶▶ location and width of sales and actually convey
“Understanding the streets the individual lots described
Consent Application in the plan.
Process – a Step-
by-Step Guide for
▶▶ sites of future schools
Consent-Granting and parks
Authorities” for more
information. The approval authority
must approve a plan of
subdivision pursuant to the
Planning Act before the plan
10 FUNDAMENTALS approval process lists and templates
WHAT IS A PLAN OF CONDOMINIUM?

A condominium can approval by the approval


be a high-rise or low-rise authority prior to registration.
apartment, townhouse,
freehold or detached The Condominium Act, 1998
house, office complex or introduced five new forms
commercial mall – any of condominium ownership
configuration of buildings beyond the standard
you can imagine. What sets condominium type that
a condominium apart is the had been in existence. All
way in which owners share condominium types are
the ownership of common described below.
elements (e.g., parking
areas, roads and sidewalks, Types of condominiums
corridors, lobbies, elevators,
heat and electrical systems) Standard condominium:
while having individual Name of the plan: “Standard

Understanding the Subdivision & Condominium Application Process


ownership of their own Condominium Plan No. xxx”
unit. The condominium
corporation must pay for the Standard condominiums
upkeep and maintenance consist of both units and
of common elements. common elements. All
condominiums that existed
A condominium corporation at the time the Condominium
becomes a legal entity once Act, 1998 came into effect
1) a plan of condominium are deemed standard
[description] and 2) condominiums.
information setting out
how the condominium Phased condominium:
corporation is owned Name of the plan: “Standard
[declaration] are registered Condominium Plan No. xxx”
with a Land Registry Office.
However, only the plan of A phased condominium
Copyright Queen's Printer for Ontario, photo
condominium is subject to permits individually source: Ontario Growth Secretariat, Ministry of
Infrastructure

FUNDAMENTALS approval process lists and templates 11


owned units and common vacant land condominium
elements to be added to a therefore resembles a plan
condominium corporation in of subdivision – but with land
phases, over a maximum of identified as either a unit or a
10 years. The phases occur common element.
by an amendment to the
existing declaration and Amalgamated
description to re-describe the condominium:
condominium property with Name of the plan: “Standard
the additional phase. Only Condominium Plan No. xxx”
standard condominiums may
be phased. In an amalgamated
condominium, two or more
Common elements standard condominium
condominium: corporations merge into
Name of the plan: “Common one corporation. A plan
Elements Condominium Plan that depicts amalgamation
No. xxx” is comprised of the units
and common elements
A common elements of each amalgamating
condominium consists only condominium corporation.
of common elements (e.g.,
a laneway or a golf course), Leasehold condominium:
Understanding the Subdivision & Condominium Application Process

with no units. The owners of Name of the plan: “Leasehold


common interest are owners Condominium Plan No. xxx”
of freehold parcels of tied
land (POTL) which are not Unlike a freehold
part of the condominium condominium (standard,
property. phased, common
elements, vacant land or
Vacant land condominium: amalgamated), units and
Name of the plan: “Vacant Land common elements in a
Condominium Plan No. xxx” leasehold condominium are
leased by the landowner
Units in a vacant land to purchasers who will
condominium are effectively never own the land. The
vacant lots upon which purchasers buy a leasehold
buildings will be located interest in the units and
after the condominium common elements for a
is registered. A plan of a
12 FUNDAMENTALS approval process lists and templates
EXAMPLES OF FREEHOLD CONDOMINIUMS

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).

VACANT LAND CONDOMINIUM:


The owner proposes nine condominium units that, for example, will be used for single
detached dwellings. All of the internal roadways, entrance feature, and landscaped areas
are developed as common element features. A vacant land condominium allows the
individual owners of the vacant lots to decide after registration what to build on the land.

14 FUNDAMENTALS approval process lists and templates


fixed number of years.
Leasehold condominiums ▶▶ Part IV – structural
are a revenue-generating plans, if any (prepared
method for developers who by a licensed Ontario
View sample
want to retain ownership of engineer) condominium plans
their properties. A plan of a by visiting ontario.
leasehold condominium is Other parts may be included ca/landregistration
similar to that of a standard as the Ontario land surveyor
condominium. considers appropriate.

Components of a plan of
condominium Timing of Sale

A plan of condominium Subsection 9(12) of the


consists of four parts (O. Reg. Condominium Act, 1998
49/01): allows land described in all
types of condominium plans
▶▶ Part I – perimeter plan to be sold prior to having the
of survey and separate plan registered. However,
sheets of plans of survey, land in a vacant land
which designate the condominium is regulated in
units, if any (prepared the same way as land in a

Understanding the Subdivision & Condominium Application Process


by a licensed Ontario plan of subdivision – that is, it
land surveyor) may be offered for sale after
the approval authority grants
▶▶ Part II – plan of survey of draft approval, but can only
exclusive-use common be sold after the approval
elements that are authority grants final
restricted for use by one approval and registration is
or more owners, such complete.
as individual parking
spaces, if any (prepared Option to exempt from draft
by an Ontario land approval
surveyor)
The same sections of the
▶▶ Part III – architectural Planning Act that describe
plans, if any (prepared the approval process
by a licensed Ontario of a plan of subdivision
architect) application (sections 51,
FUNDAMENTALS approval process lists and templates 15
51.1 and 51.2) also apply the applicant to retain a
to a plan of condominium qualified professional to
application. However, the inspect the property and
Condominium Act, 1998 to report on all matters
For questions
provides the approval that the approval authority
related to the
operational aspects authority the additional considers may be of
of condominium option of exempting a plan concern. This helps to
corporations, please of condominium from draft ensure the quality and safety
contact the Ministry
of Consumer Services
approval. This is discussed of the building for future
(Ontario.ca/mcs). later in this toolkit. residents. If the approval
authority is not the local
Conversion of rented council of the municipality,
residential premises the local council must be
consulted prior to making
For applications to convert this requirement. Under the
rented residential properties Residential Tenancies Act,
to condominium ownership, 2006, current tenants may
subsection 9(4) of the have the right to continue to
Condominium Act, 1998 rent their units or to purchase
provides that the approval them.
authority can require
Understanding the Subdivision & Condominium Application Process

16 FUNDAMENTALS approval process lists and templates


PUBLIC BODIES THAT ARE
APPROVAL AUTHORITIES
[Planning Act, ss. 51(3)-(7), 51.2]

A public body that has In general, these delegated


the authority to approve authorities can be grouped
plans of subdivision and into three categories:
condominium applications is
referred to as the “approval ▶▶ Municipal councils:
authority”. Some municipal
councils have been
View a detailed
Most single-tier and upper- delegated authority
breakdown of tier councils are assigned to approve plans
approval authority approval authorities for of subdivision and
in Ontario by plans of subdivsion and condominium
visiting Ontario.ca/
landuseplanning. condominium applications applications.
by the Planning Act and
Ontario Regulation 353/02. ▶▶ Planning Boards:
Most of the planning
In some places, the boards in Ontario have

Understanding the Subdivision & Condominium Application Process


Minister of Municipal been delegated the
Affairs and Housing is approval authority for
the approval authority plans of subdivision
for plans of subdivision and condominium
and condominium applications within
applications. This includes their jurisdictions. All
all unincorporated areas approval authority
outside of planning board must be retained with
areas. the planning board
and cannot be further
Delegation of Approval delegated.
Authority
▶▶ Appointed officers,
The Planning Act provides committees of council,
assigned approval authorities and municipal-planning
the option of delegating all authorities: A municipal
or a part of their authority. council that is the
FUNDAMENTALS approval process lists and templates 17
approval authority for the lapsing period of
plans of subdivision draft-approved plans
and condominium (see Step 11 of this
applications can further Guide)
delegate all or any
part of this authority, 6) the authority to make
as the case may be, to minor revisions to draft-
a municipal officer, a approved plans and
committee of council, conditions of draft
or a municipal-planning approval (see Step 8 of
authority, including: this Guide)

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

of the Planning Act (see


3) the authority to Exemption from Draft
give draft plan Approval)
of condominium
approval (for all types Where a municipal
of condominium officer is delegated
applications or specific authority, the by-law
types) (see Step 6 of this must identify the name
Guide) or position of the officer.
Conditions may also
4) the authority to give be attached to the
final approval of a delegation.
plan of subdivision/
condominium (see Step
12 of this Guide)

5) the authority to extend


18 FUNDAMENTALS approval process lists and templates
Delegation of Approval Authority for Subdivision
and Condominium Applications

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

planning upper-tier, lower-tier


board or single-tier council

no further committee of appointed


delegation council officer (staff)

FUNDAMENTALS approval process lists and templates 19


Where lower-tier or single-tier councils are the assigned approval authorities for
subdivision and condominium applications, they may delegate their authority as follows
(Planning Act, s. 51.2):

lower-tier or single-tier council

committee of municipal appointed


council planning officer (staff)
authority

commitee appointed
officer (staff)

20 FUNDAMENTALS approval process lists and templates


Where upper-tier councils are the assigned approval authorities for subdivision and
condominium applications, they may delegate their authority as follows (Planning Act,
s. 51.2):

appointed municipal
council council planning
authority

appointed appointed
council

21
SEVEN ESSENTIAL DOCUMENTS
YOU SHOULD KNOW

In Ontario, land-division TWO


activities are regulated within Provincial Policy Statement
a policy-led planning system
that consists of seven inter- The Provincial Policy
Go to www.e-laws.
gov.on.ca to view related types of legislation, Statement sets the policy
the most up-to-date rules and policies. Decisions foundation for regulating
version of the Planning by a municipality or planning the development and use of
Act. board on all matters about land in Ontario. It provides
Go to ontario.ca/ land division are made in for appropriate development
landuseplanning to accordance with these while protecting public
download a copy of documents. resources of provincial
the Provincial Policy interest, public health and
Statement, 2005.
ONE safety, and the quality of the
Planning Act natural environment. The
Provincial Policy Statement
The Planning Act provides the is reviewed at least every
Understanding the Subdivision & Condominium Application Process

framework for the province’s five years from the time it


policy-led planning system was issued to ensure that
and is administered by the policies are up-to-date
the Ministry of Municipal to address current planning
Affairs and Housing. The challenges. Under the
Act dictates which land- Planning Act, decisions in
use characteristics can be respect of any authority that
regulated, how they can affects a planning matter
be regulated, and who can shall be consistent with the
regulate them. This guide Provincial Policy Statement.
describes the key steps set
out in the Planning Act for THREE
processing subdivision and Applicable Provincial Plan(s)
condominium applications.
Provincial plans apply to
specific geographical areas
of Ontario and complement
22 FUNDAMENTALS approval process lists and templates
Ontario’s policy-led planning system

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

Understanding the Subdivision & Condominium Application Process


Lower-tier Lower-tier
municipalities official plans
and
unorganized
territories

Community improvement
plans

Zoning by-law
Development
permit Site plan control
system
Minor variance

FUNDAMENTALS approval process lists and templates 23


FOUR

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

vision if the official plan has


with how our communities been updated to contain the
will change over the long required provisions. Under
term. Provisions on a wide the Planning Act, decisions
range of issues may be that affect a planning matter
included, such as land-use must conform to the official
planning, transportation, plan(s).
infrastructure planning,
housing, natural heritage, FIVE
and resource protection. Community Improvement
Under the Planning Act, Plan(s)
decisions in respect of
any authority that affects A community improvement
a planning matter shall plan may enable
conform or not conflict with municipalities to offer grants
provincial plans. or loans to local businesses
and landowners as an
24 FUNDAMENTALS approval process lists and templates
incentive to build or repair out in the official plan. This
properties – including the planning tool combines zoning,
remediation, rehabilitation and site plan, and minor variance
reuse of brownfields. Decisions into one application and
made about planning approval process. It promotes
applications should include, if development by providing for
applicable, considerations of faster timelines, eliminating
how the application meets the potential duplication,
goals, objectives and policies incorporating flexibility for
of the community improvement uses and development
plan. Your community can use standards, and providing a
this planning tool if provisions “one-stop” planning service.
relating to community If your municipality uses a
improvement are contained Development Permit System,
in the official plan, and there you will have a Development
is a community improvement Permit By-law in place. This by-
project area by-law in effect. law contains a list of permitted
uses and standards, and may
SIX also set out variances to the
Zoning By-law, Development uses and standards. Appeal
Permit By-law, or Minister’s rights are limited for a decision
Zoning Order on a development permit,

Understanding the Subdivision & Condominium Application Process


which helps to create more
A zoning by-law is another certainty in the process.
planning tool found in the
Planning Act, which enables A Minister’s zoning order is a
a council or planning board regulation that is issued by the
to implement the vision set out Minister of Municipal Affairs
in the official plan. It identifies and Housing. It overrides
the permitted land uses and local zoning provisions, where
the required standards (e.g., they exist. Like a zoning by-
lot sizes, building height, law, a Minister’s zoning order
setback, parking requirements) identifies the geographic area
for different areas of the (zoning area) to which the
community. order applies and contains
provisions for the use of land.
A Development Permit System In other instances, it is used to
can also assist a municipality apply a level of development
in implementing the vision set control in relation to a matter of
FUNDAMENTALS approval process lists and templates 25
provincial interest in a subject and the development of
area(s). a site. This includes the
location, design and shape
Under the Planning Act, (massing) of buildings,
decisions that affect a the layout of parking and
planning matter must service areas, public-access
comply with the applicable areas, landscaping, paving
zoning by-law, DPS by-law, materials, and street furniture
or Minister’s zoning order in (e.g., bicycle facilities,
the municipality or planning benches, lampposts,
area. recycling containers). An
updated official plan that
SEVEN includes policies for site plan
Site Plan Control Area By-Law control, along with a site
plan control by-law, allow the
Site plan control provides implementation of site plan
a council with the added control.
ability to control the design
Understanding the Subdivision & Condominium Application Process

26 FUNDAMENTALS approval process lists and templates


APPLICANT REQUESTS EXEMPTION Early consultation
(CONDOMINIUMS ONLY)
Receive application and fees
30 days
Determine if application is NO
complete
COMPLETE
YES
Receive Return application
application and fees to the applicant
identifying missing
For: For:
Decide if information
Draft plans of subdivision Draft plans of
exemption is
appropriate 15 days Draft plans of condominium
condominium (standard, phased Applicant may
YES (vacant land and and leasehold make motion to the
Issue Certificate of common elements condominiums only) OMB
Exemption condominiums only) 180 days
OMB Hearing

*
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

Hold public meeting

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

Issue final Issue final


approval approval

Forward approved Forward approved


plans to Registry FILE CLOSED plans to Registry
4 Office
fundamentals APPROVAL PROCESS lists and templates Office
EXEMPTION FROM DRAFT APPROVAL
(CONDOMINIUMS ONLY)

The Condominium Act, which all relevant planning


1998 contains provisions considerations have been
permitting an application reviewed and found
for a plan of condominium acceptable in the context of
to proceed directly to final other planning applications
approval, thereby bypassing for the development. In
the requirements for notice these circumstances,
and draft approval, which an exemption may be
are normally part of the appropriate.
approval process under the
Planning Act. The approval Furthermore, an approval
authority can exempt a plan authority may also wish to
of condominium application consider whether:
on an application-by-
application basis, or by ▶▶ The application is
passing a by-law that supported by municipal
identifies the class(es) of council and a by-law or

Understanding the Subdivision & Condominium Application Process


condominiums that will be resolution from council
exempted from approval. has been passed to this
effect;
Criteria for Exemption
▶▶ No conditions of draft
The Planning Act does not approval are required;
expressly identify criteria
under which an application ▶▶ A planning report that
for a plan of condominium has reviewed the above
may be exempt from the criteria recommends
need for approval. However, exemption of the
plans of condominium application;
are subject to the same
legislated criteria as plans of ▶▶ The required number of
subdivision. In the case of final plans have been
plans of condominium, there submitted; and
may be circumstances in
fundamentals APPROVAL PROCESS lists and templates 5
▶▶ All outstanding fees (including any copies that
have been paid. the approval authority wishes
to have).
Final Plan Registration
Once the owner has fulfilled
If exemption is granted, it all other requirements of the
is recommended that the Land Registry Office, the land
approval authority courier registrar will add to the plan
the final plans directly to the the plan number and the
local Land Registry Office date when it was registered.
to ensure that there are no The approval authority may
third-party alterations to the request to receive up to two
approved final plan. If the copies of the registered final
approval authority chooses plan from the Land Registry
not to courier the plans, the Office for its records.
applicant must deposit them

CHECKLIST FOR REVIEWING AN APPLICATION FOR EXEMPTION


FROM DRAFT APPROVAL (CONDOMINIUMS ONLY)
Verify that the application for exemption is complete. This includes
the required number of copies of final plans and payment of any
Understanding the Subdivision & Condominium Application Process

outstanding fees. If it is not deemed complete, a letter should be


sent to the applicant, clearly stating that the approval authority will
not be in a position to exempt the plan of condominium unless all
the information is received. All copies of the application should be
returned to the applicant.

Complete a planning report that analyzes and summarizes all


appropriate planning concerns to determine whether an exemption
is appropriate.

If satisfied that the exemption is appropriate, issue a certificate of


exemption to this effect. [Condominium Act, 1998, s.9(3)(b)] 32
Forward the number of copies of the final plan required under Appendix 32
Ontario Regulation 43/96 under the Registry Act to the local Land
Registry Office for registration (O. Reg. 43/96, ss. 7-25).

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)].

6 fundamentals APPROVAL PROCESS lists and templates


1
Early consultation
may take place any
time prior to a formal EARLY CONSULTATION
submission of the [Planning Act, s. 51(16.1)]
application by the
applicant.

Early consultation with the support the application and


applicant has potential to guide the applicant on the
benefits for both the approval process.
approval authority and the
applicant, and is strongly The Planning Act gives the
recommended. For the applicant the right to require
applicant, it is an opportunity the approval authority to
to explain the proposal consult before the applicant
upfront and to obtain submits an application.
preliminary comments from Furthermore, if the approval
1 the approval authority. For authority is a municipality, it
the approval authority, it is can pass a by-law to make
2 an opportunity to advise the early consultation a required
applicant what plans and procedure prior to the
3 studies should be provided to submission of an application.

Understanding the Subdivision & Condominium Application Process


5
6
7
8
9
10
11
12
fundamentals APPROVAL PROCESS lists and templates 7
CHECKLIST FOR STEP 1: EARLY CONSULTATION
Consider, on a preliminary basis, if the proposal has regard to the Appendix 1
matters of provincial interest listed in section 2 of the Planning Act
(Planning Act, s. 2). 1
Consider, on a preliminary basis, if the proposal is consistent with the Appendix 2
Provincial Policy Statement. 2
Consider, on a preliminary basis, if the proposal has regard to the Appendix 3
criteria listed in subsection 51(24) of the Planning Act.
3
Consider, on a preliminary basis, if the proposal conforms or not Appendix 5
conflict with any applicable provincial plans.

Consider, on a preliminary basis, if the proposal conforms with official


5
plan policies. If the application conforms to the spirit and intent of
the official plan but not the policies of a specific designation, the
applicant should be advised that they have the option to submit an
application for an official plan amendment which would be required
prior to draft approval.

Consider, on a preliminary basis, if the proposal complies with the


applicable zoning by-law, Minister’s zoning order, or development
permit by-law. If not, the applicant should be advised that an
amendment to the zoning by-law, development permit by-law, or
Minister’s zoning order would be required prior to final approval. The
considerations associated with obtaining these approvals should be
Understanding the Subdivision & Condominium Application Process

discussed, including whether the proposal complies with the spirit


and intent of the zoning by-law, DPS by-law, or a Minister’s zoning
order.

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).

8 fundamentals APPROVAL PROCESS lists and templates


30 DAYS

The applicant must


be advised within
30 days whether
the application
2 COMPLETE APPLICATION
[Planning Act, ss. 51(17)-(19.3)]

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.
4

Understanding the Subdivision & Condominium Application Process


require all of the following Approval authorities should
information as part of a not make changes to a
5 complete application: signed application form to
avoid misrepresentation of
6 ▶▶ all information identified the information.
by O. Reg. 544/06 (see
7 Appendix 7);

8
9
10
11
12
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.

Determine if the application is complete under the Planning Appendix 7


Act.
7
Notify the applicant accordingly [Planning Act, s. 51 (19.1)]. Appendix 8
If the application is not complete, consider returning the
application, the fee, and any supporting documents to the 8
applicant, accompanied by a list of missing information.

If the approval authority is an upper-tier municipality or the


Minister of Municipal Affairs and Housing, notify the clerk of the
local municipality or the secretary treasurer of the planning
board whether the application is complete or incomplete
[Planning Act, s. 51(19.1)].

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

Where There Is A Dispute

If the applicant wishes to dispute an approval


authority’s decision that their application
is incomplete, 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.

10 fundamentals APPROVAL PROCESS lists and templates


15 DAYS
NOTICE OF COMPLETE
If the application is
deemed complete,
the notice of
3 APPLICATION [Planning Act, ss. 51(19.4) & 20(a)]
complete application
must be given not
later than 15 days
after advising the The Planning Act recognizes
applicant and the If the approval
the importance of providing

!
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

2 the Ontario Municipal


Board (see Step 9 -
Appeals).
3
4 Exception for Condominiums

Understanding the Subdivision & Condominium Application Process


Because not all types of condominium applications have the same
5 considerations, the only types of condominium applications that
require a notice of complete application under the Planning Act

6 are:

▶▶ Vacant land condominium applications


7 ▶▶ Common elements condominium applications

8
9
10
11
12
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)]:

Have a notice of complete application prepared containing all Appendix 10


information required by Ontario Regulation 544/06 [O. Reg. 544/06,
ss. 3, 4(10)-(12)]. 10
Do ONE of the following: Appendices
10-12
▶▶ Post the notice on the property and provide it to owners 10-
within 120m of the subject lands; or 12
▶▶ Publish the notice in a local newspaper
[O. Reg. 544/06, ss. 3, 4(2), 4(5)].

Provide the notice of complete application to: Appendix 13

▶▶ every person and public body that has provided a written


13
request for such a notice; and
▶▶ all other persons and public bodies (conservation authorities,
Parks Canada, etc.) required by Ontario Regulation 544/06
[O. Reg. 544/06, ss. 3, 4(7)-(9)].

Have copies of the application available to the public [Planning Act,


s. 51(19.4)(b)].
Understanding the Subdivision & Condominium Application Process

Consider posting the notice on the applicable municipality’s


website as an additional way of informing the community about the
application.

Consider having an employee complete an affidavit or sworn Appendix 9


declaration certifying that requirements for giving notice of
application under the Planning Act have been complied with. The
9
sworn declaration would be submitted to the Ontario Municipal
Board as part of the record if there is an appeal – see Step 9 [O. Reg.
544/06, s. 8(7)].

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.

12 fundamentals APPROVAL PROCESS lists and templates


180 DAYS

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

Understanding the Subdivision & Condominium Application Process


health units) to assist in its a consultant) to determine
review of the proposal. Any if the application reflects
5 comments received from the planning principles
public or other bodies (e.g., embodied in provincial and
6 utility companies) are also local planning policies, as
important to consider. further identified below.
7 Reference to any applicable
The careful review of department, agency or other
8 applications based on public-body comments that
planning principles can support the analysis should
9 contribute to the long-term be provided, along with how
positive results a community comments could potentially
10 desires. For example, it be addressed.
can ensure that municipal
11 services and finances, Planning Criteria
such as costs for increased
12 snowplowing, school busing The Planning Act sets the
fundamentals APPROVAL PROCESS lists and templates 13
standard to which provincial structure, this includes both
interests as well as provincial the upper- and lower-tier
and local policies, and goals
are implemented. Accordingly,
*
official plans.

in order to recommend an ▶▶ Comply with the local


application for approval, the zoning by-law, Minister’s
application must: zoning order, or
development permit by-
▶▶ Have regard to the matters
of provincial interest listed
law
*
in section 2 of the Planning In addition to assessing
Act (see Appendix 1) compliance with the above
planning criteria, potential
▶▶ Be consistent with the benefits from an existing
Provincial Policy Statement and applicable community
improvement plan may also
▶▶ Conform or not conflict be identified as part of the
with all applicable report. Furthermore, comments
provincial plans (see received from departments,
Appendix 5) agencies and the public should
be summarized and addressed.
▶▶ Have regard to criteria
Understanding the Subdivision & Condominium Application Process

listed in subsection 51(24) Conditions


of the Planning Act (see
Appendix 3) If the planning analysis
supports draft approval of an
▶▶ Conform with the official application, recommended
plan(s). In a two-tier conditions should be prepared

* 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.

14 fundamentals APPROVAL PROCESS lists and templates


as part of the planning Lapsing Provision
report. Conditions are
usually attached to the The planning report
draft approval of a plan of should also indicate a
subdivision or condominium recommended lapsing
application to secure provision – a period of time
development requirements, after which the approval
including underground lapses if all conditions are not
requirements (e.g., water fulfilled by the applicant. If
and sanitary sewers, gas, the approval authority wants
hydro, telephone and cable to ensure that the applicant
lines) and above-ground follows through with the
services (e.g., paved streets, subdivision/condominium
concrete curbs, sidewalks, development, it is a good
street lighting, tree plantings idea to establish a lapsing
and landscaping). Often, provision at the time of draft
comments received from approval. This time period
agencies or other public must not be less than three
bodies request certain years.
conditions of approval.

Types of Conditions:

Understanding the Subdivision & Condominium Application Process


Subsection 51(25) of the Planning Act allows the approval authority to impose any condition
to a draft approval of an application, as long as it believes the condition is reasonable, having
regard to the nature of the development proposed, including:

▶▶ 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).

fundamentals APPROVAL PROCESS lists and templates 15


CHECKLIST FOR STEP 4: APPLICATION REVIEW
Circulate the application to internal departments for technical
review and any other local agencies as appropriate.

Review department, agency, Aboriginal community, and other


public comments as they are received. Determine if further
clarification is required.

Request any additional information from the applicant to


complete the review of the application, if needed.

Note: To ensure that such additional information is submitted up-


front in future applications, consider amending the official plan
to require the information as part of a complete application.

Determine if there is a need for technical advice from a specialist


to review any reports/studies submitted.

Identify a lapsing provision and prepare other draft conditions as Appendix 15


necessary.
15
Continue to meet with the applicant to address and resolve any
issues that arise.

Complete a planning report that addresses all the planning Appendix 14


criteria described in this section. If the analysis supports draft
14
Understanding the Subdivision & Condominium Application Process

approval, include a lapsing provision and conditions that could


address any issues/concerns raised as well as other requirements
of the approval 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).

Additional considerations – Condominium conversions only

Determine if there are any by-laws in effect that prohibit


conversion of rental units to condominiums.

Consider requiring the applicant to have a professional engineer


or architect to inspect the condition of the building for quality
and safety [Condominium Act, 1998, s. 9(4)]. Draft any conditions
as a result of this inspection.

16 fundamentals APPROVAL PROCESS lists and templates


14 DAYS

The Planning Act


requires that notice
of a public meeting
5 PUBLIC MEETING
[Planning Act, ss. 51(20)(b)-(21), (21.2)]
must be given at least
14 days prior to the
date of the meeting,
which in turn must be A public meeting provides
held at least 14 days Exception for
an opportunity to engage
before a decision is Condominiums
made. residents in the development
of their community. It is Because not all types of
also an opportunity for condominium applications
have the same considerations,
the council or planning the only types of condominium
board to hear and address applications that require a
concerns from residents public meeting are:
before making a decision.
▶▶ Vacant land
Under the Planning Act, a condominium
1 public meeting is mandatory applications
for subdivision applications
2 where the subject land is in a ▶▶ Common elements
condominium
municipality or the planning
3 area of a planning board.
applications

Understanding the Subdivision & Condominium Application Process


5
6
7
8
9
10
11
12
fundamentals APPROVAL PROCESS lists and templates 17
CHECKLIST FOR STEP 5: PUBLIC MEETING
For approval authorities that are not the local municipality or
planning board with jurisdiction over the subject land, decide
who will give notice of and hold the public meeting: the approval
authority or the local municipality or planning board [Planning Act,
s. 51(21)].

If the approval authority is giving notice of and holding the public


meeting:

Prepare the notice containing all information required by Ontario 16


Appendix 16
Regulation 544/06 [O. Reg. 544/06, ss. 5(4)-(5)].

Do ONE of the following: Appendices


17-
17-18
18
▶▶ Provide the notice to landowners within 120m of the subject
lands and post the notice on the property; OR
▶▶ Publish the notice in a local newspaper [O. Reg. 544/06, s. 5(3)]

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

before a decision on the application is made are entitled to appeal


the decision to the Ontario Municipal Board.

Record the minutes of the public meeting. The minutes would be


submitted to the Ontario Municipal Board as part of the record if
there is an appeal – see Step 9 [O. Reg. 544/06, s. 8(10)].

Consider having an employee complete an affidavit or sworn Appendix 19


declaration:
▶▶ Certifying that the notice requirements and the requirement 19
for holding a public meeting under the Planning Act have
been complied with; and
▶▶ Listing all persons and public bodies that made oral
submissions at the public meeting.
The sworn declarations would be submitted to the Ontario Municipal
Board as part of the record if there is an appeal - see Step 9 (O. Reg.
544/06, s. 8, para 9).

18 fundamentals APPROVAL PROCESS lists and templates


CHECKLIST FOR STEP 5: PUBLIC MEETING (CONT’D)
If a lower-tier municipality or a planning board was requested to
hold the public meeting

Receive the following from the lower-tier municipality or planning


board within 15 days after the meeting is held:

▶▶ the original or copy of all written submissions and


comments received on or before the day of the public
meeting
▶▶ an affidavit or sworn declaration by an employee of
the local municipality or planning board, certifying that
requirements for holding a public meeting under the Act
have been complied with
▶▶ an affidavit or sworn declaration by an employee of the
local municipality or planning board, listing all persons
and public bodies that made oral submissions at the
public meeting
▶▶ a copy of the minutes of the public meeting
[Planning Act, s. 51(21.2)(c), O. Reg. 544/06, s. 6(3)]

Advise the applicant of any concerns raised and, as


appropriate, encourage the applicant to negotiate and
resolve any outstanding issues. This may include, among other
actions, a redesign of some or all of the plan, the preparation of

Understanding the Subdivision & Condominium Application Process


supporting studies, or agreements for certain conditions of draft-
plan approval which address issues raised.

Continue to analyze and assess new information received and


incorporate this into the planning report.

fundamentals APPROVAL PROCESS lists and templates 19


180 DAYS

It is recommended
that a decision be
made within 180
6 DECISION
(Planning Act, ss. 51(24), (25), (31) & (32))

days of the receipt


of the complete
application. If it is
not, the applicant After considering the with all applicable
may appeal to the
comments received, provincial plans (see
Ontario Municipal
Board for failure to recommendations made, Appendix 5)
make a decision. and evidence presented in
the planning report, it is time ▶▶ Have regard to criteria
to make a decision to give listed in subsection
draft approval or refuse the 51(24) of the Planning
draft-plan application. Act (see Appendix 3)

Criteria for Approval ▶▶ Conform with the official


1 plan(s). In a two-tier
As explained in Part I of this structure, this includes
2 guide, all decisions related both the upper- and
to planning matters must lower-tier official plans.
3 be in accordance with
the Province’s policy-led ▶▶ Either comply with the
4
Understanding the Subdivision & Condominium Application Process

planning system. Therefore, applicable zoning by-


the decision made by the law, Minister’s zoning
5 approval authority must: order or development
permit by-law, or make
6 ▶▶ Have regard to the a decision that requires
matters of provincial amendments to these as
7 interest listed in section 2 a condition of approval
of the Planning Act (see
8 Appendix 1) In addition, agency
requests should have been
9 ▶▶ Be consistent with considered and conditions
the Provincial Policy imposed where they are
10 Statement reasonable in the opinion of
the approval authority.
11 ▶▶ Conform or not conflict

12
20 fundamentals APPROVAL PROCESS lists and templates
Conditions of Approval Red-Line Revision

When an approval is granted “Red-lining” is a common term


with conditions, it is referred referring to minor changes
to as “draft approval.” The made directly on a plan in red
Planning Act empowers the ink as part of a draft approval
approval authority to impose or prior to final approval.
any conditions that it believes Changes made at the time of
are reasonable, having draft approval have force and
regard to the nature of the effect, as they are part of the
development proposed. A drawing that is draft approved
list of conditions should be by the approval authority.
prepared in advance for the
approval authority to approve.

CHECKLIST FOR STEP 6: DECISION


Consider the planning report as well as any supporting information
and materials, including agency comments and issues raised at the
public meeting.

The decision is consistent with the Provincial Policy Statement


[Planning Act, s. 3(5)(a)].

The decision conforms or does not conflict with any applicable Appendix 5

Understanding the Subdivision & Condominium Application Process


provincial plans [Planning Act, s. 3(5)(b)]. 5
The decision has regard to the matters of provincial interest listed in Appendix 1
section 2 of the Planning Act [Planning Act, s. 2]. 1
The decision has regard for criteria listed in subsection 51(24) of the Appendix 3
Planning Act (described in Step 4). 3
The decision conforms to the policies in the official plan as it relates
to the subject application [Planning Act, s. 24(1)].

The decision complies or requires compliance with the provisions in


the zoning by-law, development permit by-law, or Minister’s zoning
order as it relates to the subject application.

If draft approval is given, consider providing a lapsing provision


[Planning Act, ss. 51(25) & (32)].

fundamentals APPROVAL PROCESS lists and templates 21


15 DAYS

Notice of the decision


must be given within
15 days from the date
7 NOTICE OF DECISION
[Planning Act, ss. 51(37) & (44)]

the decision was


made.

After a decision is made,


Withdrawing approval
written notice of the
decision must be given to A decision to give draft
both the applicant and the approval of a plan of
municipality or planning subdivision or condominium
may be withdrawn any time
board in which the subject prior to final approval. Although
land is situated – and to this authority historically has
those who have requested rarely been exercised, it
provides the approval authority
in writing to be given notice with some flexibility to address
of the decision. This notice changing circumstances that
1 must include a copy of may occur over time.
the decision, the appeal
2 provisions, and all other
information required under
3 Ontario Regulation 544/06.

4
Understanding the Subdivision & Condominium Application Process

5
6
7
8
9
10
11
12
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 -
22

Send the notice to the applicant [Planning Act, s. 51(37)(a)].

Send the notice to each person or public body that made a


written request to be notified of the decision [Planning Act, s.
51(37)(b)].

Send the notice to a municipality or planning board in which the


land is situated [Planning Act, s. 51(37)(d)].

Send the notice to the regional director of the Municipal Services


Office, at the Ministry of Municipal Affairs and Housing, ONLY IF
the regional director has given the approval authority a written
request to be given notice of decisions on applications for
approval of plans of subdivision/condominium [Planning Act, s.
51(37)].

Consider having an employee provide a sworn declaration that Appendix 23


notice requirements under the Act have been complied with.
The sworn declaration is submitted to the Ontario Municipal 23
Board as part of the public record if there is an appeal – see

Understanding the Subdivision & Condominium Application Process


Step 9 (O. Reg.544/06, para. 4 of s. 11).

fundamentals APPROVAL PROCESS lists and templates 23


8
Under the Planning
Act, changes can CHANGES TO CONDITIONS
be made to the [Planning Act, ss. 51(44)-(47)] (if necessary)
conditions any time
prior to final approval.

If the approval authority planning board in which the


identifies the need to amend land is situated. The persons
conditions of draft approval, and public bodies that
the Planning Act enables it to submitted written requests
do so. should be notified of the
changes to conditions as well
Notice Requirements as the regional director of
the Municipal Services Office
If the changes are minor, at the Ministry of Municipal
no notice of the changes Affairs and Housing (if
1 is required. If, however, the requested to be notified).
changes are not minor, This notice must include
2 notice must be given within a copy of the changes to
15 days of the date when the the conditions and other
3 changes are made to the required information under
applicant, a municipality or Ontario Regulation 544/06.
4
Understanding the Subdivision & Condominium Application Process

5
6
7
8
9
10
11
12
24 fundamentals APPROVAL PROCESS lists and templates
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 yes, make the


changes. As a best practice, notify the applicant and any
interested local agencies or public bodies [Planning Act, s.
51(47)].

Continue below if the changes are not minor

Make the changes.

Prepare a notice containing the changes and all other Appendices


required information under Ontario Regulation 544/06 25-26
(O. Reg. 544/06, s. 10). 25-
26
Send the notice to the applicant [Planning Act, s. 51(45)(a)].

Send the notice to each person or public body that made a


written request to be notified of changes to the conditions.
[Planning Act, s. 51(45)(b)].

Understanding the Subdivision & Condominium Application Process


Send the notice to the municipality or planning board in
which the land is situated [Planning Act, s. 51(45)(c)].

Send the notice to the regional director of the Municipal


Services Office at the Ministry of Municipal Affairs and
Housing responsible for the applicable region, ONLY IF the
regional director has requested to be notified of changes to
conditions of draft-approved plans [O. Reg. 544/06, s. 10(2)].

Consider having an employee provide a sworn declaration Appendix 27


certifying that notice requirements have been complied with.
The sworn declaration is submitted to the OMB as part of
27
the public record if there is an appeal – see Step 9 (O. Reg.
544/06, s. 11, para 6).

fundamentals APPROVAL PROCESS lists and templates 25


15 DAYS

The notice of appeal,


the Ontario Municipal
Board’s filing fee and
9 APPEAL (if applicable)
[Planning Act, ss. 51(34)-(43) & (48)-(51)]

the record must be


forwarded to the
Ontario Municipal
Board within 15 days The Planning Act allows the Who Can Appeal
of receiving the
applicant as well as certain
notice of appeal or
within 15 days after persons and public bodies to The Planning Act indicates
the last day for filing a appeal the decision, lapsing who can appeal, based on
notice of appeal, as provisions, conditions or what is being appealed. See
the case may be (see table on the following page
table on the following
changed conditions to the
page). Ontario Municipal Board. As for more information.
well, if a decision is not made
within 180 days of receiving The Ontario Municipal Board
the complete application
1 and any application fees, The Ontario Municipal
the applicant can appeal for Board is an independent
2 failure to make a decision. administrative tribunal
Once a notice of appeal is responsible for hearing
3 received, all the information appeals and deciding
required by Ontario on a variety of municipal
4
Understanding the Subdivision & Condominium Application Process

Regulation 544/06 (the matters, including land-


record) must be forwarded to use planning applications.
5 the Ontario Municipal Board. The Board is similar to a
court of law, but with less
6 If Appeals Are Withdrawn formality. Board members
are appointed by the Ontario
7 Where there is a 20-day Cabinet and are responsible
appeal period (see table for the adjudication of
8 on the following page) Board matters. For more
and a notice of appeal is information, visit www.
9 withdrawn within 15 days omb.gov.on.ca or view
after this period, the approval the Citizen’s Guide on
10 authority is not required to the Ontario Municipal
forward the information to Board at www.ontario.ca/
11 the Ontario Municipal Board. landuseplanning.

12
26 fundamentals APPROVAL PROCESS lists and templates
Understanding the Subdivision & Condominium Application Process

27
lists and templates
APPROVAL PROCESS
fundamentals
CHECKLIST FOR STEP 9: APPEAL
If no notice of appeal is received:

Consider having an employee provide a sworn Appendices


declaration that no notice of appeal was filed within the 24 & 28
time allowed for appeal [Planning Act, s. 51(42)]. 24&
28
If a notice of appeal is received:

Verify that the appeal is received within the time allowed


for appeal - see table to the left [Planning Act, ss. 51(34),
(39), (43) & (49)].

Verify that the reasons for the appeal are included


[Planning Act, ss. 51(39), (43) & (48)].

Verify that the OMB filing fee is included [Planning Act, ss.
51(34), (39), (43) & (48)].

Prepare a record containing all the information required Appendix 29


by Ontario Regulation 544/06 (O. Reg. 544/06, ss. 8 & 11).
29
Forward the record, notice of appeal, and the Ontario
Municipal Board’s filing fee to the Ontario Municipal
Board within the legislated timeframes - see table to the
left [Planning Act, ss. 51(35) & (50)].
Understanding the Subdivision & Condominium Application Process

28 fundamentals APPROVAL PROCESS lists and templates


HEARING AT THE ONTARIO
10 MUNICIPAL BOARD
[Planning Act, ss. 2.1, 51(52)-(56)] (if applicable)

To defend provincial and matters of provincial


local interests at the Ontario interests as listed in
Municipal Board in the case section 2 of the Planning
of an appeal, the approval Act (see Appendix 1)
Visit www.omb.gov.
authority has three options,
on.ca for information
on appeal procedures. as applicable: ▶▶ Be consistent with
the Provincial Policy
▶▶ negotiate with the Statement
appellant and any
other parties to reach a ▶▶ Conform or not conflict
1 settlement with a revised with all applicable
proposal; provincial plans (see
2 Appendix 5)
▶▶ prepare to defend the
3 decision made in a full ▶▶ Have regard to criteria
hearing (if a decision listed in subsection
4

Understanding the Subdivision & Condominium Application Process


was made); or 51(24) of the Planning
Act (see Appendix 3)
5 ▶▶ seek to have the appeal
dismissed without a ▶▶ Conform with the official
6 hearing. plan(s). In a two-tier
structure, this includes
7 Criteria for a Decision both the upper- and
lower-tier official plans.
8 Under the Planning Act, the
Ontario Municipal Board ▶▶ Either comply with the
9 is bound by the same applicable zoning by-
planning considerations as law, Minister’s zoning
10 the approval authority when order, or development
making a decision. That is, permit by-law; or make
11 the decision must: a decision that requires
amendments to these as
12 ▶▶ Have regard to the a condition of approval.
fundamentals APPROVAL PROCESS lists and templates 29
Furthermore, section 2.1 of the recommendation if it is made
Planning Act requires the Board within 60 days (O. Reg. 549/06,
to have regard to any planning s. 1).
decisions that have been made
by the municipal council or Settlement
approval authority relating to the
same matter, and any supporting Often, prior to the Board
information and material that the reaching a decision on an
municipal council or approval appeal, parties may decide to
authority considered in making resolve issues and come to a
the decision. In addition, if any mutually acceptable solution
new information is presented (settlement). In general, a
at the hearing that the Board settlement will still need to be
determines could have justified and approved before
materially affected the decision, the Ontario Municipal Board.
the approval authority will be As such, parties should ensure
given an opportunity to consider that there is sufficient planning
this information and to make rationale based on the above-
written recommendations to the mentioned criteria to support the
Board. The Board must have proposed settlement.
regard to the approval authority’s
Understanding the Subdivision & Condominium Application Process

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 grounds
for land-use planning,
ii. the appeal is frivolous, vexatious or made in bad faith,
iii. the appeal is made only for the purpose of delay, or
iv. the appellant has persistently and unreasonably commenced proceedings at the
Board that constitute an abuse of process.

▶▶ 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
within the time specified by the Board.

30 fundamentals APPROVAL PROCESS lists and templates


CHECKLIST FOR STEP 10: HEARING AT THE ONTARIO
MUNICIPAL BOARD
Consider if provincial and municipal interests may be affected by the
appeal.

Consider one of the following three options:

▶▶ seek to have the appeal dismissed without a hearing;


▶▶ prepare to defend the decision on the application (where a
decision was made); or
▶▶ negotiate with the appellant(s) and any other parties to reach a
settlement with a revised proposal.

For the latter two cases, there must be a planning rationale in support of
the decision or the negotiated settlement.

If anyone introduces new information at an Ontario Municipal Board


hearing, consider bringing a motion to have the Board determine
whether the information could have materially affected the approval
authority’s decision. If this motion is granted, the approval authority will
have the opportunity to review this information and to make a written
recommendation to the Board. If the recommendation is made within 60
days, the Board must have regard to this recommendation when making
its decision [Planning Act, s. 51(52.3)-(52.6)].

Where the Ontario Municipal Board determines that an application be

Understanding the Subdivision & Condominium Application Process


granted draft approval, the approval authority may be assigned to give
final approval once it is satisfied that all conditions have been or will be
fulfilled [Planning Act, s. 51(56.1)].

fundamentals APPROVAL PROCESS lists and templates 31


An extension to EXTENSION OF DRAFT
the period of draft
approval must be
given prior to the
11 APPROVAL
[Planning Act, s. 51(33)] (if applicable)
lapsing date.

If the applicant is unable made on the application.


to fulfill the conditions prior If appeals are received,
to the lapsing date, the the lapsing period starts
Planning Act permits the from the date the Ontario
approval authority to extend Municipal Board issues its
the period of draft approval. decision in respect of the
appeal(s), or from the date
Calculating the lapsing date when the Ontario Municipal
Board issues a notice that
If no appeals are received, all appeals have been
1 the lapsing period starts from withdrawn.
the date the decision was
2
3 CHECKLIST FOR STEP 11: EXTENSION OF
DRAFT APPROVAL
4
Understanding the Subdivision & Condominium Application Process

Specify the length of the extension, if the approval


authority extends draft approval [Planning Act, s. 51(33)].

5 The extension must be given prior to the lapsing date in


order to be valid [Planning Act, s. 51(33)].

6
7
8
9
10
11
12
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)]

The approval authority grants need to be registered, such


final approval when it is as subdivision agreements,
satisfied that all conditions transfers, easements,
have been or will be fulfilled and restrictions on future
and that final plan conforms transfers. Arrangements
to the approved draft plan. should be made to ensure
that any such documents
Delivering Final Plans are appropriately registered.
Registration of the plan is
It is recommended that the governed under the Land
1 approval authority courier Titles Act or the Registry Act.
the final plans directly to the
2 local Land Registry Office Final Plan Registration Within
to ensure there are no third- 30 Days
3 party alterations to the
approved final plan. If the Registration should not be
4

Understanding the Subdivision & Condominium Application Process


approval authority chooses delayed if the requirements
not to courier the plans, of the Act are met. To
5 the applicant must deposit ensure that the applicant
them directly with the land registers the plan promptly,
6 registrar (including any the Planning Act authorizes
copies that the approval the approval authority to
7 authority wishes to have). withdraw its approval if the
The land registrar will add to final plan is not registered
8 the plan the number of the within 30 days of receiving
plan and the date when it the final approval. The
9 was registered. The approval approval authority should
authority may request to first confirm with the Land
10 receive up to two copies of Registrar that the plan has
the registered final plan from not been registered before
11 the Land Registry Office for doing so.
its records. There may be
12 other documents that will
fundamentals APPROVAL PROCESS lists and templates 33
CHECKLIST FOR STEP 12: FINAL PLAN APPROVAL

Confirm that all clearance letters have been received or


otherwise obtain satisfaction that all conditions have been or will
be fulfilled.

Ensure that the final plan is in conformity with the draft-


approved plan or revised draft-approved plan.

Approve and sign the final plan. Appendix 30


30
Forward the number of copies required by Ontario Regulation Appendix
43/96 of the Registry Act (for plans of subdivision) or Ontario 31-33
Regulation 49/01 of the Condominium Act, 1998 to the local 31-
33
Land Registry Office. The Land Registrar will add the number of
the plan and the date when it was registered.

Receive duplicates of the registered plan from the land registrar


for record-keeping [Planning Act, s. 51(60)].
Understanding the Subdivision & Condominium Application Process

34 fundamentals APPROVAL PROCESS lists and templates


1 Appendix 1

PROVINCIAL INTERESTS LISTED IN SECTION 2 OF THE PLANNING ACT

All planning decisions shall 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;
Understanding the Subdivision & Condominium Application Process

▶▶ 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; and
▶▶ The promotion of development that is designed to be sustainable, to
support public transit and to be oriented to pedestrians.

38 fundamentals approval process LISTS AND TEMPLATES


2 Appendix 2

PRELIMINARY EVALUATION CHECKLIST FOR THE PROVINCIAL POLICY


STATEMENT, 2005

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

Understanding the Subdivision & Condominium Application Process


currently exists
If the subject lands are located in a rural area in a
municipality:
Is the proposed use related to one of the following: See policy
1.1.4.1.
Rural Areas in i. the management or use of resources
Municipalities ii. resource-based recreational activities
iii. limited residential development
iv. other rural land uses
Does the application comply with the Minimum See policy
Distance Separation formulae? 1.1.4.1c).
If the subject lands are located in a rural area in
territory without municipal organization:
Rural Areas
in Territory Is the proposed use related to the management or See policies
Without use of resources and resource-based recreational 1.1.5.1 and
Municipal activities? 1.1.5.3.
Organization Does the development propose to establish a new See policy
permanent townsite? 1.1.5.2.

fundamentals approval process LISTS AND TEMPLATES 39


PPS
SUBJECT QUESTION YES NO
POLICIES
If the subject lands are located in an employment See policy
area, does the application represent employment 1.3.2.
uses (e.g., manufacturing, warehouse and office and
Employment associated retail)?
Areas

Does the application contribute to supplying a diverse See PPS


range of housing types, including housing that is 1.4.3 a).
affordable to households with low and moderate
incomes?

Suggested examples:
Housing -- lots/units for rowhouses
-- lots/units for live/work buildings
-- lots/units for single-detached housing

Are the subject lands located where appropriate See policy


levels of infrastructure and public service facilities are 1.4.3c).
or will be available?
Do the planned streets facilitate pedestrian and non- See policy
motorized movement (e.g., walking and cycling)? 1.5.1a).

Suggested examples:
-- streets are inter-connected
-- streets contain sidewalks
-- streets contain bicycle facilities
Understanding the Subdivision & Condominium Application Process

-- streets reflect their proposed function without being


excessively wide
Does the application propose a range of public See policy
spaces, such as parklands, open spaces and facilities? 1.5.1b).

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).

40 fundamentals approval process LISTS AND TEMPLATES


PPS
SUBJECT QUESTION YES NO
POLICIES
Does the application use existing municipal sewage See policies
services and municipal water services? 1.6.4.1 to
Sewage and 1.6.4.5.
Water
Is there confirmation of sufficient capacity for reserve See policy
sewage and reserve water systems? 1.6.4.1e).
Do the land-use pattern, density and mix of uses See policy
minimize the length and number of vehicle trips? 1.6.5.4.

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

Understanding the Subdivision & Condominium Application Process


launch and parking sites that abut a public road
Does the application make efficient use of existing See policy
and planned infrastructure? 1.6.5.2.

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).

Natural Significant valleylands? See policy


Heritage 2.1.4c).
Areas Significant wildlife habitat? See policy
2.1.4d).
Significant areas of natural and scientific interest See policy
(ANSI)? 2.1.4e).
Lands adjacent to natural heritage features and See policy
areas? 2.1.6.
Sensitive surface water features and sensitive ground See policy
water features? 2.2.2.
Prime Prime agricultural areas? See policy
Agricultural 2.3.1.
Areas
Understanding the Subdivision & Condominium Application Process

ARE THE SUBJECT LANDS:


In areas adjacent to or in known mineral deposits or See policy
Minerals and known petroleum resources? 2.4.2.2.
Petroleum
Areas In areas adjacent to or in significant areas of mineral See policy
potential or petroleum potential? 2.4.2.2.
Near a mineral aggregate operation and may See policy
Mineral interfere with it? 2.5.2.4.
Aggregate
Resource In areas adjacent to or in known deposits of mineral See policy
Areas aggregate resources (e.g., gravel, sand, limestone, 2.5.2.5.
shale, clay) and may interfere with it?
IS THE PROPOSED DEVELOPMENT:
On lands containing archaeological resources or areas See policy
of archaeological potential? 2.6.2.
Cultural
Heritage and Adjacent to a protected heritage property? See policy
Archaeolgy 2.6.3.
Areas

ARE THE SUBJECT LANDS WITHIN:


42 fundamentals approval process LISTS AND TEMPLATES
PPS
SUBJECT QUESTION YES NO
POLICIES
A dynamic beach hazard? See policy
Natural 3.1.2a).
Hazards Portions of the one hundred year flood level along See policy
connecting channels? 3.1.2b).
Areas inaccessible to people and vehicles during times See policy
of flooding hazards, erosion hazards and/or dynamic 3.1.2c).
beach hazards?
Natural A floodway? See policy
Hazards 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:
Mine hazards? See policy
3.2.1.

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.

Understanding the Subdivision & Condominium Application Process

fundamentals approval process LISTS AND TEMPLATES 43


3 Appendix 3

PLANNING ACT CRITERIA [s. 51(24)]

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 proposed subdivision (or condominium) is premature or in s. 51(24)(b)


the public interest?
Whether the proposed subdivision (or condominium) conforms to the s. 51(24)(c)
official plan and adjacent plans of subdivision, if any?
Whether the land is suitable for the proposed use? s. 51(24)(d)

Whether road access is adequate? s. 51(24)(e)

The dimensions and shapes of the proposed lots? s. 51(24)(f)

Whether there are any restrictions, or proposed restrictions, on the s. 51(24)(g)


Understanding the Subdivision & Condominium Application Process

subject land and proposed buildings, or adjoining land and buildings?


Whether natural resources are conserved and flood control is s. 51(24)(h)
mitigated?
Whether the provision of municipal services is adequate, such as water s. 51(24)(i)
supply, wastewater systems, garbage collection, snow removal, fire
protection and school busing?
Whether the availability of utilities (e.g., gas, hydro, cable) is s. 51(24)(i)
adequate?
Whether the provision of primary and secondary schools are s. 51(24)(j)
adequate?
Whether there is adequate provision of parks and open spaces? s. 51(24)(k)

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?

44 fundamentals approval process LISTS AND TEMPLATES


4
Appendix 4

CONDOMINIUMS ONLY [s. 51(24)]

ADDITIONAL CONSIDERATIONS FOR CONDOMINIUM YES NO


APPLICATIONS
IF THE APPLICATION IS A CONVERSION OF RENTED RESIDENTIAL UNITS:
Has the property been inspected by a certified engineer or
architect?
See the
Condominium
Act, 1998, s. 9(4)
Does the municipality have a by-law prohibiting conversion of
rental units to condominiums?
See your local
by-law for further
instruction.
Have tenant rights been addressed?

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

Understanding the Subdivision & Condominium Application Process


the corporations consented to the amalgamation within 90
days of a meeting to consider the issue? See the
Condominium
Act, 1998, s.
120(1)(b)

fundamentals approval process LISTS AND TEMPLATES 45


5 Appendix 5

CONFORMITY WITH PROVINCIAL PLANS

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

46 fundamentals approval process LISTS AND TEMPLATES


6 Appendix 6

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 AGENCY


ACCESS ONTO PROVINCIAL HIGHWAYS
Entrance Permit Required for plans of subdivision/condominium Contact your
(Public Transportation that are in close proximity to a provincial highway local Ministry of
and Highway or have the potential to impact upon a provincial Transportation office
Improvement Act) highway. for more information.
SEWAGE WORKS
Part 8 permit (Building Required for plans of subdivision/condominium Contact the local
Code) proposed on small, private sewage servicing municipality, public
systems generating 10,000 or less litres of effluent health unit or area
per day on one lot. conservation authority
(where it exists and
there is no health
unit).
Certificate of Required for plans of subdivision/condominium Contact your local

Understanding the Subdivision & Condominium Application Process


Approval (Ontario proposed on larger sewage systems that generate Ministry of the
Water Resources Act) more than 10,000 litres of effluent per day on one Environment office for
lot. more information.
CONTAMINATED SITES
Environmental Site Completed by a qualified person for proposed Contact your local
Assessment (ESA) sensitive land uses on sites with potential soil Ministry of the
contamination to determine the extent of Environment office
contamination and recommend actions for site
remediation.
Record of Site Required where the proposal represents a Contact your local
Condition (RSC) change in activity from industrial, commercial or Ministry of the
(Environmental community use to a more sensitive land use, such Environment office for
Protection Act) as residential or school. more information, or
visit www.ontario.ca/
brownfields.

fundamentals approval process LISTS AND TEMPLATES 47


APPROVAL TYPE DESCRIPTION AGENCY
NATURAL HERITAGE SYSTEMS
Permit for Alteration to Required prior to any site alteration or erecting Contact your
Shoreline of structures where a proposal has potential area conservation
to impact fish habitat or cause alteration to a authority or the
shoreline. Ministry of Natural
Resources (if there
is no conservation
authority) for more
information.
WORKS ON PUBLIC LANDS
Work permit Required for the construction of trails, roads, water Contact the Ministry
crossings and structures that would be located of Natural Resources
on any public lands under the administration and for more information.
control of the Ministry of Natural Resources.
Work permit (for ‘in Required for filing, dredging, removal of aquatic Contact the Ministry
Understanding the Subdivision & Condominium Application Process

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.

48 fundamentals approval process LISTS AND TEMPLATES


7 Appendix 7

COMPONENTS OF A COMPLETE APPLICATION


(O. Reg. 544/06)

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

INFORMATION TO BE SUBMITTED (O. Reg. 544/06, Schedule 1)


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, are included.
2. The date of the application is included.

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,

Understanding the Subdivision & Condominium Application Process


i. whether the subject land was ever the subject of an application for approval of a
plan of subdivision under section 51 of the Act, for a consent under section 53 of
the Act, for a minor variance, for approval of a site plan, or for an amendment to
an official plan, a zoning by-law or a Minister’s zoning order, is indicated; and
ii. if the answer to clause (i) is yes, the file number and status of the application are
included.
6. The following totals are provided:

-- 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.

fundamentals approval process LISTS AND TEMPLATES 49


INFORMATION TO BE SUBMITTED (O. Reg. 544/06, Schedule 1)
7. For each of the uses 1-13 identified below, the following information is provided:

i. The number of lots or blocks shown on the draft plan.


ii. The number of units or dwellings shown on the draft plan, except uses 11 and 12.
iii. The area of land shown on the draft plan in hectares.
iv. The number of units or dwellings shown on the draft plan per hectare, except uses
11 and 12.
v. The number of parking spaces shown the draft plan, except uses 1, 2, 11 and 12.
vi. If one of the uses is identified as “other residential”, “institutional” or “other,” a
description of the use.

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

8. If the application is for approval of a condominium description, the number of parking


spaces shown on the draft plan for detached and semi-detached residential use is
included.
9. The current designation of the subject land in the applicable official plan is included.

10. Whether access to the subject land will be,


Understanding the Subdivision & Condominium Application Process

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.
11. If access to the subject land will be by water only, the parking and docking facilities to
be used and the approximate distance of these facilities from the subject land and the
nearest public road are described.
12. Whether water will be provided to the subject land 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.
13. Whether the subject land contains any areas of archaeological potential.

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.

50 fundamentals approval process LISTS AND TEMPLATES


INFORMATION TO BE SUBMITTED (O. Reg. 544/06, Schedule 1)
16. If the application is for approval of a condominium description,

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.

DRAFT PLAN OF SUBDIVISION REQUIREMENTS [Planning Act, s. 51(17)]


1. The boundaries of land proposed to be subdivided, certified by an Ontario land
surveyor, are shown.
2. The locations, widths and names of the proposed highways within the proposed
subdivision and of existing highways on which the proposed subdivision abuts, are
indicated.
3. A small key plan is provided, on a scale of not less than one centimetre to 100 metres,
showing:

Understanding the Subdivision & Condominium Application Process


-- all of the land adjacent to the proposed subdivision that is owned by the applicant
or in which the applicant has an interest; and
-- every subdivision adjacent to the proposed subdivision and the relationship of the
boundaries of the land to be subdivided to the boundaries of the township lot or
other original grant of which the land forms the whole or part.
4. The purpose for which the proposed lots are to be used, is indicated.

5. The existing uses of all adjoining lands are shown.

6. The approximate dimensions and layout of the proposed lots are shown.

7. Natural and artificial features, such as buildings or other structures or installations,


railways, highways, watercourses, drainage ditches, wetlands and wooded areas
within or adjacent to the land proposed to be subdivided, are shown.
8. The availability and nature of domestic water supplies are indicated.

9. The nature and porosity of the soil are indicated.

fundamentals approval process LISTS AND TEMPLATES 51


10. Existing contours or elevations, as may be required to determine the grade of the
highways, and the drainage of the land proposed to be subdivided, are shown.
11. The municipal services available or to be available to the land proposed to be
subdivided, are shown.
12. The nature and extent of any restrictions affecting the land proposed to be subdivided,
including restrictive covenants or easements, are indicated.

C. Studies submitted by the applicant (O. Reg. 544/06, Schedule 1)

CIRCUMSTANCE STUDIES REQUIRED


Sewage Disposal:
Where sewage disposal is to be provided by privately ӹӹ Servicing Options Report
owned and operated individual or communal septic ӹӹ Hydrogeological Report
system(s),

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

or areas of archaeological potential on the subject prepared by a person who holds a


lands license issued under Part VI of the
Ontario Heritage Act
ӹӹ A conservation plan for any
archaeological resources
identified in the assessment

D. Official plan requirements

ADDITIONAL STUDIES/INFORMATION REQUIREMENTS IN AN OFFICIAL PLAN


See your Official Plan(s) for additional application Any studies/reports that are identified
requirements as required in the Official Plan
[Planning Act, s. 51(18)]

E. Application fees

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

52 fundamentals approval process LISTS AND TEMPLATES


8 Appendix 8

POSSIBLE FORMAT OF A LETTER ACKNOWLEDGING RECEIPT OF A


COMPLETE APPLICATION
[Planning Act, s. 51(19.1)]

(insert letterhead)

_________, 20___

Subject: Verification of a complete application for a draft plan of (subdivision/


condominium)
(enter address/legal description)
(enter name of subdivision/condominium, if any)
(enter name of the municipality/description of unincorporated area)
File No.: __________

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.

Understanding the Subdivision & Condominium Application Process


Should you have any questions or concerns, do not hesitate to contact me at (enter phone
number or e-mail address).

Sincerely,

__________________________
(Approval authority designate)

fundamentals approval process LISTS AND TEMPLATES 53


9 Appendix 9

SAMPLE AFFADAVIT OR SWORN DECLARATION FOR NOTICE OF


APPLICATION
[O. Reg. 544/06, s. 8(7)]

I ______________________ of the __________________________________________


(name of employee) (municipality or planning board)

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

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:


Understanding the Subdivision & Condominium Application Process

________________ in the Region/County/District of


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

____________________
(municipality or planning board designate)

____________________
(Commissioner of Oaths)

54 fundamentals approval process LISTS AND TEMPLATES


10 Appendix 10

CONTENT REQUIREMENTS FOR A PUBLIC NOTICE OF A


COMPLETE APPLICATION
(O. Reg. 544/06, s. 4)

A public notice of a complete application is required for:


▶▶ draft plan of subdivision applications
▶▶ draft plan of condominium applications for vacant land condominiums (where an
exemption has not been granted)
▶▶ draft plan of condominium applications for common elements condominiums (where an
exemption has not been granted)

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

Understanding the Subdivision & Condominium Application Process


inspection
Where and when additional information regarding the How to obtain a copy
proposed plan will be available to the public for inspection of the notice of the
application that is given
The statement:
by mail/personal service/
fax or newspaper
“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 is not entitled
to appeal the decision of (enter name of the approval
authority) to the Ontario Municipal Board.”

*** 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.

fundamentals approval process LISTS AND TEMPLATES 55


CONTENT REQUIREMENTS (CONT’D)
BY ORDINARY MAIL, PERSONAL SERVICE, FAX OR PUBLISHED IN A BY POSTING ON THE
NEWSPAPER
*
The statement:
PROPERTY
**
“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.”
The statement:
“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 a
written request to (enter name and address of the approval
Understanding the Subdivision & Condominium Application Process

authority).”

If the lands are subject of other planning applications, a


statement of this fact and the associated file numbers

*** 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.

56 fundamentals approval process LISTS AND TEMPLATES


11 Appendix 11

POSSIBLE FORMAT OF A NOTICE OF COMPLETE APPLICATION BY


ORDINARY MAIL, PERSONAL SERVICE, FAX OR PUBLISHED IN A
NEWSPAPER
(O. Reg. 544/06, s. 4)

A public notice of a complete application is required for:


▶▶ draft plan of subdivision applications
▶▶ draft plan of condominium applications for vacant land condominiums (where an
exemption has not been granted)
▶▶ draft plan of condominium applications for common elements condominiums (where an
exemption has not been granted)

NOTICE OF A COMPLETE APPLICATION FOR DRAFT PLAN OF (SUBDIVISION/


CONDOMINIUM) APPROVAL
[Planning Act, s. 51(19.4)]

(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

Understanding the Subdivision & Condominium Application Process


The subject lands are located (east or west) of (enter name of 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). 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)/ 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) ___________.

fundamentals approval process LISTS AND TEMPLATES 57


NOTES REGARDING YOUR RIGHTS
i) 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
is not entitled to appeal the decision of (enter name of the approval authority) to the Ontario
Municipal Board.

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.

58 fundamentals approval process LISTS AND TEMPLATES


12 Appendix 12

POSSIBLE FORMAT FOR POSTING A NOTICE OF COMPLETE APPLICATION


ON THE PROPERTY
[O. Reg. 544/06, s. 4(12)]

NOTICE OF COMPLETE APPLICATION FOR


APPROVAL OF DRAFT PLAN OF (SUBDIVISION/
CONDOMINIUM)

(enter name of the approval authority) is in receipt of a


complete application for approval of a proposed draft plan
of (subdivision/condominium), consisting of (enter number and
type of lots, e.g., 20 townhouse units) serviced by (enter number
of internal roads, municipal, communal or individual water and
municipal, communal or individual sewer as applicable).

To obtain a written notice of the application or for additional


information, please contact:

___________

Understanding the Subdivision & Condominium Application Process


___________
Tel: ____________
Email: ____________

Grade

fundamentals approval process LISTS AND TEMPLATES 59


13 Appendix 13

PERSONS AND PUBLIC BODIES TO WHOM A NOTICE OF


COMPLETE APPLICATION OR PUBLIC MEETING MUST BE GIVEN
(O. Reg. 544/06, s. 4)

A notice of a complete application or public meeting is required for:


▶▶ draft plan of subdivision applications
▶▶ draft plan of vacant land condominium applications (where an exemption has not been
granted)
▶▶ draft plan of common elements condominium applications (where an exemption has not
been granted)

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)

owned by the same landowner as the subject


land; AND

b) At every separately assessed property within By posting a


notice that is
the subject land, or, if this is impractical, at a

**
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)

would give the public reasonable notice of the


application
Every person or public body that has given the By ordinary mail; s. 4(7)
approval authority a written request for notice personal service;
or fax

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

fundamentals approval process LISTS AND TEMPLATES


ATTACH O.
PERSONS OR PUBLIC BODIES TO WHOM NOTICE
METHOD COPY OF REG.
MUST BE GIVEN
APPLICATION? 544/06
The clerk of every upper-tier municipality having By ordinary mail; s. 4(8),
jurisdiction in the area to which the plan of personal service; para 2
or fax
subdivision/condominium would apply
The secretary of every school board having By ordinary mail; s. 4(8),
jurisdiction in the area to which the plan of personal service; para 3
or fax
subdivision/condominium would apply
The secretary-treasurer of every conservation By ordinary mail; s. 4(8),
authority having jurisdiction in the area to which personal service; para 4
or fax
the plan of subdivision/condominium would
apply
The secretary of every municipal or other By ordinary mail; s. 4(8),
corporation operating an electric utility in the personal service; para 5
or fax
local municipality or planning area to which the
plan of subdivision/condominium would apply
The Executive Vice–President, Law and By ordinary mail; s. 4(8),
Development, of Ontario Power Generation Inc. personal service; para 6
or fax

The secretary of Hydro One Inc. By ordinary mail; s. 4(8),


personal service; para 7
or fax

The secretary of every company operating a By ordinary mail; s. 4(8),


natural gas utility in the local municipality or personal service; para 8
or fax
planning area to which the plan of subdivision/
condominium would apply
The secretary of every company operating an oil By ordinary mail; s. 4(8),
or natural gas pipeline in the local municipality or personal service; para 9
or fax

Understanding the Subdivision & Condominium Application Process


planning area to which the plan of subdivision/
condominium would apply
Every propane operator of a propane operation, By ordinary mail; s. 4(8),
if: personal service; para 9.1
or fax
1. any part of the propane operation’s hazard
distance is within the area to which the
plan of subdivision/condominium would
apply, and
2. the approval 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.
The secretary of the company operating the By ordinary mail; s. 4(8),
railway line if any of the subject land is within personal service; para 10
or fax
300 m of a railway line
The secretary of every company operating as By ordinary mail; s. 4(8),
a telecommunication infrastructure provider personal service; para 11
or fax
in the area to which the plan of subdivision/
condominium would apply

fundamentals approval process LISTS AND TEMPLATES 61


ATTACH O.
PERSONS OR PUBLIC BODIES TO WHOM NOTICE
METHOD COPY OF REG.
MUST BE GIVEN
APPLICATION? 544/06
The chair or secretary of the municipal heritage By ordinary mail; s. 4(8),
committee of the municipality, if any, if the land personal service; para 12
or fax
to which the plan of subdivision/condominium
would apply includes or adjoins with a property
or district designated under Part IV or V of the
Ontario Heritage Act
The Senior Planner of the district office of the By ordinary mail; s. 4(8),
Niagara Escarpment Commission having personal service; para 13
or fax
jurisdiction over the land or the area that it abuts,
as the case may be, if any of the subject land is
within or abuts the area covered by the Niagara
Escarpment Plan
The Niagara Parks Commission, if any of the By ordinary mail; s. 4(8),
subject land adjoins with the Niagara Parkway personal service; para 14
or fax
and is in the jurisdiction of the Niagara Parks
Commission
The St. Lawrence Parks Commission, if any of By ordinary mail; s. 4(8),
the subject land adjoins with the 1000 Islands personal service; para 15
or fax
Parkway and is within the jurisdiction of the St.
Lawrence Parks Commission under section 9 of
the St. Lawrence Parks Commission Act
Parks Canada, if any of the subject lands adjoins By ordinary mail; s. 4(8),
with an historic site, park or historic canal under personal service; para 16
or fax
the jurisdiction of Parks Canada
The clerk of every municipality and the secretary- By ordinary mail; s. 4(8),
treasurer of every municipal planning authority personal service; para 17
or fax
Understanding the Subdivision & Condominium Application Process

or planning board, if any part of the municipality,


municipal planning area or planning area is
within one kilometre of the area to which the
plan of subdivision/condominium would apply
The chief of every First Nation council, if the First By ordinary mail; s. 4(8),
Nation is located on a reserve any part of which personal service; para 18
or fax
is within one kilometre of the subject land
The regional director of the Ministry of Municipal By ordinary mail; s. 4(9)
Affairs and Housing’s Municipal Services Office personal service;
or fax
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 approval authority a written request to
be given such notice of applications for approval
for plans of subdivision/condominium

62 fundamentals approval process LISTS AND TEMPLATES


* 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. 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.

** Who is the official?

APPROVAL AUTHORITY OFFICIAL

Council of the municipality Clerk of the municipality


Committee of the Council Clerk of the municipality
Planning Board Secretary-Treasurer of the
planning board
Minister Employee of the Ministry
of Municipal Affairs and

Understanding the Subdivision & Condominium Application Process


Housing
Municipal planning authority Secretary-Treasurer of
the municipal planning
authority
Committee of the municipal Secretary-Treasurer of
planning authority the municipal planning
authority
Appointed officer (staff) Clerk of the municipality
or Secretary-Treasurer of
the municipal planning
authority

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.

fundamentals approval process LISTS AND TEMPLATES 63


14 Appendix 14

POSSIBLE OUTLINE OF A PLANNING STAFF REPORT

Outline of a Planning Report

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

viii. Summary of any documents submitted

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: When providing your analysis in B(i)-(vi), 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.

64 fundamentals approval process LISTS AND TEMPLATES


15 Appendix 15

SAMPLE CONDITIONS FOR APPROVAL OF A DRAFT PLAN OF


SUBDIVISION OR CONDOMINIUM

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.

Understanding the Subdivision & Condominium Application Process


▶▶ That Block(s) (enter block number(s)) as shown on the draft plan, shall be shown and
dedicated as public walkways on the final plan.

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.

fundamentals approval process LISTS AND TEMPLATES 65


TAXES
▶▶ That prior to final approval by the (enter name of the approval authority), the owner
provide confirmation of payment of all outstanding taxes.

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

66 fundamentals approval process LISTS AND TEMPLATES


16 Appendix 16

CONTENT REQUIREMENTS FOR A NOTICE OF PUBLIC MEETING


[O. Reg. 544/06, s. 5(4)-(5)]

A notice of a public meeting is required for:


▶▶ draft plan of subdivision applications
▶▶ draft plan of vacant land condominium applications (where an exemption has not been
granted)
▶▶ draft plan of common elements condominium applications (where an exemption has not
been granted)

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

Understanding the Subdivision & Condominium Application Process


authority gives or refuses to give approval to the draft
plan of (subdivision/condominium), the person or
public body is not entitled to appeal the decision of
(enter name of the approval authority) to the Ontario
Municipal Board.”
This statement: “If a person or public body does How to obtain a copy of the
not make oral submissions at the public meeting notice of public meeting that
or make written submissions to (enter name of the is given by mail, personal
approval authority) in respect of the proposed plan service, fax or is published in a
of (subdivision/condominium) before the approval newspaper
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.”
A description of the subject land or a key map
showing the location of the subject land

fundamentals approval process LISTS AND TEMPLATES 67


17 Appendix 17

POSSIBLE FORMAT OF A NOTICE OF PUBLIC MEETING BY MAIL,


PERSONAL SERVICE OR FAX
A public notice of a public meeting is required for:
▶▶ draft plan of subdivision applications
▶▶ draft plan of vacant land condominium applications (where an exemption has not been
granted)
▶▶ draft plan of common elements condominium applications (where an exemption has not
been granted)

NOTICE OF PUBLIC MEETING FOR A PROPOSED DRAFT PLAN OF (SUBDIVISION/


CONDOMINIUM)
[Planning Act, s. 51 (20)(b)]

Reference File No. _______

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.

DATE: ________________, 20__


Understanding the Subdivision & Condominium Application Process

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

68 fundamentals approval process LISTS AND TEMPLATES


name(s) of public street(s)).

NOTES REGARDING YOUR RIGHTS


i) 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 is not entitled to
appeal the decision of (enter name of the approval authority) to the Ontario Municipal Board.

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,

Understanding the Subdivision & Condominium Application Process


__________________
(municipality or planning board designate)

KEY MAP

fundamentals approval process LISTS AND TEMPLATES 69


18 Appendix 18

POSSIBLE FORMAT FOR POSTING A NOTICE OF PUBLIC MEETING ON THE


PROPERTY
[O. Reg.544/06, s. 5(5)]

NOTICE OF PUBLIC MEETING


RE: APPLICATION FOR APPROVAL OF DRAFT
PLAN OF (SUBDIVISION/CONDOMINIUM)

An application for approval of a draft plan of (subdivision/


condominium) has been submitted to permit (enter number and
type of lots, e.g., 20 townhouse units) serviced by (enter number
of internal roads, municipal, communal or individual water and
municipal, communal or individual sewer as applicable).

A public meeting will be held on (enter date and time of the public
meeting) at (enter location of the public meeting).

To obtain a written notice of the public meeting or for additional


information, please contact
Understanding the Subdivision & Condominium Application Process

___________
___________
tel: ____________
e-mail: ____________

Grade

70 fundamentals approval process LISTS AND TEMPLATES


19 Appendix 19

SAMPLE AFFIDAVIT OR SWORN DECLARATION FOR COMPLETING A


NOTICE FOR AND HOLDING OF A PUBLIC MEETING
[O. Reg. 544/06, s. 8(9)]

I ______________________ of the __________________________________________ in the


(name of employee) (municipality or planning board)

__________________________________________________________________ solemnly declare that


(name of/county/region/district)

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.

______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________

Understanding the Subdivision & Condominium Application Process


______________ _______________
______________ _______________
______________ _______________
______________ _______________
______________ _______________

Declared before me at:

________________ in the Region/County/District of


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

____________________
(employee)

____________________
(Commissioner of Oaths)

fundamentals approval process LISTS AND TEMPLATES 71


20 Appendix 20

CONTENT REQUIREMENTS OF A NOTICE OF DECISION


[O. Reg. 544/06, s. 9(1)]

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
▶▶ 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:

A copy of the decision including the conditions and the lapsing


provision, if any
Understanding the Subdivision & Condominium Application Process

The last date for filing a notice of appeal, and a statement that the
notice of appeal:

i. must be filed with the approval authority;


ii. must set out the reasons for the appeal; and
iii. must be accompanied by the fee required by the Ontario
Municipal Board.

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):

The following statements, if applicable:

i. “You will be entitled to receive notice of any changes to the


conditions of approval of the proposed plan of (subdivision/
condominium) if you have made a written request to be notified
of changes to the conditions.”

ii. “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 of the
conditions.”

The following statements:

i. “Only individuals, corporations or public bodies may appeal


decisions in respect of a proposed plan of (subdivision/
condominium) 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.”

ii. “No person or public body shall be added as a party to the

Understanding the Subdivision & Condominium Application Process


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 council or, in the Ontario Municipal Board’s
opinion, there are reasonable grounds to add the person or
public body as a party.”

A statement, if applicable, providing the file numbers of other


applications that the subject property is also the subject of under
the Planning Act (e.g., minor variance, an amendment to an official
plan, a zoning by-law or a Minister’s zoning order)

fundamentals approval process LISTS AND TEMPLATES 73


21 Appendix 21

POSSIBLE FORMAT FOR A NOTICE OF DECISION


OF DRAFT APPROVAL

NOTICE OF DECISION
[Planning Act, s. 51(31)]

(enter address/legal description)


(enter name of subdivision/condominium, if any)
(enter name of the municipality/description of unincorporated area)
File No. : _________

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

74 fundamentals approval process LISTS AND TEMPLATES


Only individuals, corporations or public bodies may appeal decisions in respect of a
proposed plan of (subdivision/condominium) 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.

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.

NOTES REGARDING YOUR RIGHTS WITH RESPECT TO CHANGES TO CONDITIONS


You will be entitled to receive notice of any changes to the conditions of approval of
the proposed plan if you have made a written request to be notified of changes to the
conditions.

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.

Understanding the Subdivision & Condominium Application Process


__________
(municipality or planning board designate)

KEY MAP

fundamentals approval process LISTS AND TEMPLATES 75


ATTACHMENT A

(insert copy of the decision on the application, including the conditions and the lapsing
provision, if any)
Understanding the Subdivision & Condominium Application Process

76 fundamentals approval process LISTS AND TEMPLATES


22 Appendix 22

POSSIBLE FORMAT OF A NOTICE OF DECISION OF REFUSAL

NOTICE OF DECISION

(enter address/legal description)


(enter name of subdivision/condominium, if any)
(enter name of the municipality/description of unincorporated area)
File No. : _________

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/

Understanding the Subdivision & Condominium Application Process


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, 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)

Only individuals, corporations or public bodies may appeal decisions in respect of a


proposed plan of (subdivision/condominium) 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.

No person or public body shall be added as a party to the hearing of the appeal of the

fundamentals approval process LISTS AND TEMPLATES 77


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.

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

78 fundamentals approval process LISTS AND TEMPLATES


ATTACHMENT A

(insert copy of the decision on the application)

Understanding the Subdivision & Condominium Application Process

fundamentals approval process LISTS AND TEMPLATES 79


23 Appendix 23

SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NOTICE OF


DECISION HAS BEEN GIVEN
[O. Reg. 544/06, s. 8(7)]

I ______________________ of the __________________________________________


(name of employee) (municipality or planning board)

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

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.
Understanding the Subdivision & Condominium Application Process

Declared before me at:

________________ in the Region/County/District of


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

____________________
(municipality or planning board designate)

____________________
(Commissioner of Oaths)

80 fundamentals approval process LISTS AND TEMPLATES


24 Appendix 24

SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NO NOTICES OF


APPEAL (OF THE DECISION) WERE FILED WITHIN THE APPEAL PERIOD
[Planning Act, s. 51(42)]

I ______________________ of the __________________________________________


(name of employee) (municipality or planning board)

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

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.

Understanding the Subdivision & Condominium Application Process


Declared before me at:

________________ in the Region/County/District of


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

____________________
(municipality or planning board designate)

____________________
(Commissioner of Oaths)

fundamentals approval process LISTS AND TEMPLATES 81


25 Appendix 25

CONTENT REQUIREMENTS OF A NOTICE OF CHANGE OF


CONDITIONS FOR CHANGES THAT ARE NOT MINOR
[O. Reg. 544/06, s. 10(1)]

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
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 copy of the proposed changes to the conditions of draft approval

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 last date for filing a notice of appeal

82 fundamentals approval process LISTS AND TEMPLATES


CONTENT CHECKLIST:

A statement that a notice of appeal must be filed with the approval


authority, must set out the reasons for the appeal, and must be
accompanied by the fee required by the Ontario Municipal Board.

The statement:

“Only individuals, corporations or public bodies may appeal


decisions in respect of a proposed plan of subdivision 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.”

The statement:

“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 its
changes to the conditions.”

Understanding the Subdivision & Condominium Application Process

fundamentals approval process LISTS AND TEMPLATES 83


26 Appendix 26

POSSIBLE FORMAT FOR A NOTICE OF CHANGES TO CONDITIONS

NOTICE OF CHANGES TO CONDITIONS


[Planning Act, s. 51(44)]

(enter address/legal description)


(enter name of subdivision/condominium, if any)
(enter name of the municipality/unincorporated area)
File No. : _________

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.

NOTES REGARDING YOUR RIGHTS


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 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”).

84 fundamentals approval process LISTS AND TEMPLATES


Only individuals, corporations or public bodies may appeal decisions in respect of a
proposed plan of (subdivision/condominium) 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.

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)

Understanding the Subdivision & Condominium Application Process

fundamentals approval process LISTS AND TEMPLATES 85


27 Appendix 27

SUGGESTED FORMAT OF AN AFFIDAVIT OR SWORN


DECLARATION FOR NOTICE OF CHANGES TO CONDITIONS
(O. Reg. 544/06, s. 11, para 6)

I ______________________ of the __________________________________________


(name of employee) (municipality or planning board)

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

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.
Understanding the Subdivision & Condominium Application Process

Declared before me at:

________________ in the Region/County/District of


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

____________________
(municipality or planning board designate)

____________________
(Commissioner of Oaths)

86 fundamentals approval process LISTS AND TEMPLATES


28 Appendix 28

SUGGESTED FORMAT OF AN AFFIDAVIT OR SWORN


DECLARATION THAT NO NOTICES OF APPEAL (OF THE
CHANGED CONDITIONS) WERE RECEIVED WITHIN THE APPEAL
PERIOD
[Planning Act, s. 51(42)]

I ______________________ of the __________________________________________


(name of employee) (municipality or planning board)

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

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.

Understanding the Subdivision & Condominium Application Process


Declared before me at:

________________ in the Region/County/District of


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

____________________
(municipality or planning board designate)

____________________
(Commissioner of Oaths)

fundamentals approval process LISTS AND TEMPLATES 87


29 Appendix 29

MATERIALS TO BE FORWARDED TO THE ONTARIO MUNICIPAL


BOARD FOR APPEALS
(O. Reg. 544/06, ss. 8 & 11)

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]

THE RECORD SHALL INCLUDE:


Original or certified copy of the application received by the s.8, para
approval authority 1
Original or certified copy of the information and material required s.8, para
to be provided as part of an application under the Planning Act 2
Original or certified copy of any additional materials that the s.8, para
applicant was required to provide 3
Original or certified copy of the notice of appeal and the date it s.8, para
was received 4
Original or copy of all written submissions and comments received, s.8, para
and the date they were received 5
Understanding the Subdivision & Condominium Application Process

An affidavit or sworn declaration certifying that notice of s.8,


application requirements under the Planning Act [clause 51(20)(a)] paras
have been complied with and signed by: 6-7

i. an employee of the local municipality or planning board if it


was requested by the approval authority to give notice of the
application, OR
ii. an employee of the approval authority if it gave notice of the
application
An affidavit or sworn declaration certifying that the notice s.8, para
requirements and the requirement for holding a public meeting 8&
under the Planning Act [clause 51(20)(b)] have been complied with subpara
and signed by: 9i

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

88 fundamentals approval process LISTS AND TEMPLATES


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

i. is consistent with the Provincial Policy Statement

Understanding the Subdivision & Condominium Application Process


ii. conforms to or does not conflict with any applicable provincial
plan or plans, and
iii. conforms to the official plan of the municipality or planning
board
(if applicable) An affidavit or sworn declaration by an employee of s.11,
the approval authority certifying that the requirements with respect para 4
to a notice of decision have been complied with
(if applicable) A copy of the proposed changes to the conditions of s.11,
draft approval para 5
(if applicable) An affidavit or sworn declaration by an employee of s.11,
the approval authority certifying that the requirements with respect para 6
to a notice of changed conditions have been complied with
FILING FEE
*
Ontario Municipal Board filing fee

* 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.

fundamentals approval process LISTS AND TEMPLATES 89


Ontario Municipal Board’s Municipal Submission Form

In addition, the Ontario Municipal Board provides a Municipal Submission


Form for approval authorities to fill out when forwarding the notices 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 Plan of Subdivision option. This form also applies to appeals
received for condominium proposals.
Understanding the Subdivision & Condominium Application Process

90 fundamentals approval process LISTS AND TEMPLATES


30 Appendix 30

POSSIBLE CERTIFICATE FORMAT FOR GIVING DRAFT AND FINAL


APPROVAL
(appears on the plan)

FOR PLANS OF SUBDIVISION

Approval of a draft plan of subdivision

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)

Understanding the Subdivision & Condominium Application Process


Approval of a final plan of subdivision

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)

fundamentals approval process LISTS AND TEMPLATES 91


FOR PLANS OF CONDOMINIUM

Approval of a draft plan of condominium

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)

Approval of a final plan of condominium

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)

Approval of a condominium exemption

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)

92 fundamentals approval process LISTS AND TEMPLATES


31 Appendix 31

POSSIBLE FORMAT OF A LETTER TO THE LAND REGISTRAR


ACCOMPANYING THE APPROVED FINAL PLANS

(insert letterhead)

________, 20__

(enter address of local Land Registrar)

Subject: Notice of Final Plan Approval to Land Registrar


(enter address/legal description)
(enter name of subdivision/condominium, if any)
(enter name of the municipality/unincorporated area)
File No.: __________

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

Understanding the Subdivision & Condominium Application Process


of your office have been satisfied, the enclosed copies should be endorsed with a
certificate of registration and distributed.

Yours truly,

___________
(municipality or planning board designate)

Encl.

fundamentals approval process LISTS AND TEMPLATES 93


32 Appendix 32

FORWARDING FINAL PLANS TO THE LOCAL LAND REGISTRY


OFFICE

NUMBER OF FINAL PLANS


FINAL PLANS OF SUBDIVISION [O. Reg. 43/96, s. 25(c)-(d) of the Registry Act]
1 paper print of the plan signed by the surveyor
1 paper print of the plan with the submission form of the Association of Ontario Land
Surveyors on it
3 translucent duplicates of the plan
3 paper prints of the plan
up to 2 duplicates of the plan required by the approval authority for its records
[subsection 51(60)]
FINAL PLANS OF CONDOMINIUM [O. Reg. 49/01, s.17(1) of the Condominium Act, 1998]
the original plans of survey
3 paper prints of the plans signed by the surveyor
1 paper print of the plan of survey with the submission form of the Association of
Ontario Land Surveyors on it
Understanding the Subdivision & Condominium Application Process

1 set of paper prints of the architectural plans, if any;


1 set of paper prints of the structural plans, if any;
up to 2 duplicates of the plan required by the approval authority for its records
[subsection 51(60)]

94 fundamentals approval process LISTS AND TEMPLATES


33 Appendix 33

LAND REGISTRY OFFICE LOCATIONS

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

Understanding the Subdivision & Condominium Application Process


Tel: (705) 474-2270 Fax: (705) 746-6517 Fax: (705) 564-4148
Fax: (705) 495-8511
Timiskaming
Land Registry Office No. 54
375 Main Street
P.O. Box 159
Haileybury ON P0J 1K0
Tel: (705) 672-3332
Fax: (705) 672-3906
EASTERN DISTRICT
Dundas Frontenac Glengarry
Land Registry Office No.8 Land Registry Office No. 13 Land Registry Office No. 14
8 - 5th Street West, PO Box 645 1 Court Street 63 Kenyon Street West
Morrisburg ON K0C 1X0 Kingston ON K7L 2N4 P.O. Box 668
Tel: (613) 543-2583 Tel: (613) 548-6767 Alexandria ON K0C 1A0
Fax: (613) 543-4541 Fax: (613) 548-6766 Tel: (613) 525-1315
Fax: (613) 525-0509

fundamentals approval process LISTS AND TEMPLATES 95


EASTERN DISTRICT (CONT’D)
Grenville Haliburton Hastings
Land Registry Office No. 15 Land Registry Office No. 19 Land Registry Office No. 21
499 Centre Street 12 Newcastle Street 199 Front Street, Suite 109
P.O. Box 1660 Box 270 Century Place
Prescott ON K0E 1T0 Minden ON K0M 2K0 Belleville ON K8N 5H5
Tel: (613) 925-3177 Tel: (705) 286-1391 Tel: (613) 968-4597
Fax: (613) 925-0302 Fax: (705) 286-4324 Fax: (613) 968-3606
Lanark Leeds Lennox
Land Registry Office No. 27 Land Registry Office No. 28 Land Registry Office No. 29
2 Industrial Drive 7 King St. West 7 Snow Road, Unit #2
P.O. Box 1180 Brockville ON K6V 3P7 Napanee ON K7R OA2
Almonte ON K0A 1A0 Tel: (613) 345-5751 Tel: (613) 354-3751
Tel: (613) 256-1577 Fax: (613) 345-7390 Fax: (613) 354-1474
Fax: (613) 256-0940
Northumberland Ottawa-Carleton Peterborough
Land Registry Office No. 39 Land Registry Office No. 4 Land Registry Office No. 45
1005 Elgin St. West, Suite 105 Court House 300 Water Street, 2nd Floor
Cobourg ON K9A 5J4 161 Elgin Street 4th Floor P.O. Box 7000
Tel: (905) 372-3813 Ottawa ON K2P 2K1 Peterborough ON K9J 8M5
Fax: (905) 372-4758 Tel: (613) 239-1230 Tel: (705) 755-1342
Fax: (613) 239-1422 Fax: (705) 755 1343
Prescott Prince Edward Renfrew
Land Registry Office No. 46 Land Registry Office No. 47 Land Registry Office No. 49
179 Main Street East 1 Pitt Street 400 Pembroke Street East
Hawkesbury ON K6A 1A1 P.O. Box 1310 Pembroke ON K8A 3K8
Understanding the Subdivision & Condominium Application Process

Tel: (613) 636-0314 Picton ON K0K 2T0 Tel: (613) 732-8331


Fax: (613) 636-0772 Tel: (613) 476-3219 Fax: (613) 732-0297
Fax: (613) 476-7908
Russell Stormont Victoria
Land Registry Office No. 50 Land Registry Office No. 52 Land Registry Office No. 57
1122 Concession Street 127 Sydney Street Provincial Court Building
P.O. Box 10 Cornwall ON K6H 3H1 440 Kent Street
Russell ON K4R 1C8 Tel: (613) 932-4522 West Lindsay ON K9V 6G8
Tel: (613) 445-2138 Fax: (613) 932-4524 Tel: (705) 324-4912
Fax: (613) 445-0614 Fax: (705) 324-6290
CENTRAL DISTRICT
Dufferin Durham Halton
Land Registry Office No. 7 Land Registry Office No. 40 Land Registry Office No. 20
41 Broadway Avenue, Unit #7 590 Rossland Road East 2800 Highpoint Drive
Orangeville ON L9W 1J7 Whitby ON L1N 9G5 2nd Floor
Tel: (519) 941-1481 Tel: (905) 665-4007 Milton ON L9T 6P4
Fax: (519) 941-6444 Fax: (905) 665-5247 Tel: (905) 864-3500
Fax: (905) 864-3549

96 fundamentals approval process LISTS AND TEMPLATES


CENTRAL DISTRICT (CONT’D)
Muskoka Niagara North & South Norfolk
Land Registry Office No. 35 Land Registry Office No. 30 Land Registry Office No. 37
15 Dominion Street, (North) and No. 59 (South) Court House
Bracebridge ON P1L 2E7 59 Church Street 50 Frederick Hobson VC Drive,
Tel: (705) 645-4415 St. Catharines ON L2R 3C3 Suite 201
Fax: (705) 645-7826 Tel: (905) 684-6351 Simcoe ON N3Y 4K8
Fax: (905) 684-5874 Tel: (519) 426-2216
Fax: (519) 426-9627
Peel Simcoe Toronto
Land Registry Office No. 43 Land Registry Office No. 51 Land Registry Office No. 64 &
7765 Hurontario Street Court House 66
Brampton ON L6W 4S8 114 Worsley Street 20 Dundas Street West
Tel: (905) 874-4008 Barrie ON L4M 1M1 Suite 420
Fax: (905) 874-4012 Tel: (705) 725-7232 Toronto ON M5G 2C2
Fax: (705) 725-7246 Tel: (416) 314-4430
Fax: (416) 314-4453
Wentworth York Region
Land Registry Office No. 62 Land Registry Office No. 65
119 King Street West 4th Floor 50 Bloomington Road, 3rd Floor
Hamilton ON L8P 4Y7 Aurora, ON L4G 0L8
Tel: (905) 521-7561 Tel: 905-713-7798
Fax: (905) 521-7505 Fax: 905-713-7799
WESTERN DISTRICT
Brant Bruce Elgin

Understanding the Subdivision & Condominium Application Process


Land Registry Office No. 2 Land Registry Office No. 3 Land Registry Office No. 11
Court House 203 Cayley Street PO Box 1690 1010 Talbot Street, Unit 36
80 Wellington Street Walkerton ON N0G 2V0 St. Thomas, ON N5P 4N2
Brantford ON N3T 2L9 Tel: (519) 881-2259 Tel: (519) 631-3015
Tel: (519) 752-8321 Fax: (519) 881-2322 Fax: (519) 631-8182
Fax: (519) 752-0273
Essex Grey Haldimand
Land Registry Office No. 12 Land Registry Office No. 16 Land Registry Office No. 18
949 McDougall St., Suite 100 1555 - 16th Street East 10 Echo Street West
Windsor ON N9A 1L9 Suites 1 and 2 PO Box 310
Tel: (519) 971-9980 Owen Sound ON N4K 5N3 Cayuga ON N0A 1E0
Fax: (519) 971-9937 Tel: (519) 376-1637 Tel: (905) 772-3531
Fax: (519) 376-1639 Fax: (905) 772-0105
Huron Kent Lambton
Land Registry Office No. 22 Land Registry Office No. 24 Land Registry Office No. 25
38 North Street 40 William Street North Court House
Goderich ON N7A 2T4 Chatham ON N7M 4L2 700 Christina Street North
Tel: (519) 524-9562 Tel: (519) 352-5520 Suite 102
Fax: (519) 524-2482 Fax: (519) 352-3222 Sarnia ON N7V 3C2
Tel: (519) 337-2393
Fax: (519) 337-8371

fundamentals approval process LISTS AND TEMPLATES 97


WESTERN DISTRICT (CONT’D)
Middlesex Oxford Perth
Land Registry Office No. 33 Land Registry Office No. 41 Land Registry Office No. 44
100 Dundas Street 75 Graham Street 5 Huron Street
Ground Floor Woodstock ON N4S 6J8 Stratford ON N5A 5S4
London ON N6A 5B6 Tel: (519) 537-6287 Tel: (519) 271-3343
Tel: (519) 675-7600 Fax: (519) 537-3107 Fax: (519) 271-2550
Fax: (519) 675-7611
Waterloo Wellington
Land Registry Office No. 58 Land Registry Office No. 61
30 Duke Street West, 2nd Floor 1 Stone Road West
Kitchener ON N2H 3W5 Guelph ON N1G 4Y2
Tel: (519) 571-6043 Tel: (519) 826-3372
Fax: (519) 571-6067 Fax: (519) 826-3373
Understanding the Subdivision & Condominium Application Process

98 fundamentals approval process LISTS AND TEMPLATES


Disclaimer

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.

For More Information

Contact your local Municipal Services Office for further information on the subdivision and
condominium application process.

Ministry of Municipal Affairs and Housing Municipal Services Offices

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

Produced by the Ministry of Municipal Affairs and Housing


Municipal Programs and Education Branch

© Queen’s Printer for Ontario, 2011


ISBN 978-1-4435-xxxx-x (PDF)
ISBN 978-1-4425-xxxx-x (html)
Disponible en français

Ontario.ca/MunicipalLearning

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