Understanding the
Consent Application
Process
Your Step-By-Step Guide for
Consent-Granting Authorities
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Section 53 of the Planning Act
ontario.ca/municipallearning
Understanding the
Consent Application
Process
Your Step-By-Step Guide for
Consent-Granting Authorities
Interpretation of this Document
This manual will direct you through the consent approval process in a step-by-step
format. It is intended for use as a navigational guide for consent-granting authorities
pursuant to section 53 of the Planning Act. If you are uncertain whether your
municipality or planning board has authority to grant consents, please contact your
regional Municipal Services Office.
Section 53 of the Planning Act
FUNDAMENTALS
OF A CONSENT
Land Division in Ontario
Activities That Require Consent
Types of Consent-Granting
Authorities
Seven Essential Documents
You Should Know
LAND DIVISION IN ONTARIO
[Planning Act, s. 50)
Section 50 of the Planning
Act prevents the division of
land into smaller parcels
unless one of the exceptions
identified in the section
applies. This usually
means that approval of a
governmental body will be
required in order for land
division to occur (some
exceptions to this rule are
identified below). As a result,
whether a greenfield is being
broken up into 50 buildable
lots or a single lot is being
divided into two, the division
of land is generally subject
to a public process ensuring
that provincial interests and
local planning concerns (as
expressed in the official plan)
are both satisfied. The larger
the number of lots being
created, the more complex
the considerations in the
planning approval process
will generally be.
Exceptions under the Planning Act
Processing Consent Applications
Some types of transactions that do not require an application for
land division are [Planning Act, s. 50(3)]:
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▶▶ 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, 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
FUNDAMENTALS approval process lists and templates
PLAN OF SUBDIVISION/
CONDOMINIUM
CONSENT
Application requirements
Less information is required for
an application to be deemed
complete
(O. Reg. 197/96, Schedule 1)
More detailed information is
required for an application to
be deemed complete
(O. Reg. 544/06, Schedule 1)
Time to make a decision
before an applicant can
appeal to the Ontario
Municipal Board for nondecision
90 days [Planning Act, s. 53(14)]
180 days [Planning Act, s. 51(34)]
If provisional consent is
granted
If draft approval is granted
Time to fulfill conditions
1 year (no extension) [Planning
Act, s. 53(41)]
If consent is given
Time to transfer the new lots
2 years (no extension) [Planning
Act, s. 53(43)]
If final approval is granted
No timeline specified
Note: If the applicant does not
register a final plan within 30
days of the date of approval,
the approval may be withdrawn.
[Planning Act, s. 51(59)]. Also,
if a plan has been registered
for 8 years or more the local
municipality can deem the plan to
not be registered [s. 50(4)].
1)
2)
3)
4)
consent
plan of subdivision
plan of condominium
exemption from part-lot
control
FUNDAMENTALS approval process lists and templates
Processing Consent Applications
The Planning Act provides 4
main ways that a planning
approval authority can
control land division:
A minimum of 3 years
(extensions permitted) [Planning
Act, s. 51(32)]
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Image from Google - Imagery © 2011
ACTIVITIES THAT REQUIRE CONSENT
The consent approval
process (described in section
53 of the Planning Act) is
a helpful alternative for
land division proposals that
are relatively less complex
where a plan of subdivision
is not required (e.g., the
creation of one or two lots or
easements).
A consent is appropriate if a
landowner proposes to:
▶▶ Create a limited number
of new lots (lot creation)
▶▶ Add land to a
neighbouring lot (lot
addition)
Processing Consent Applications
▶▶ Create one or
more rights-of-way
(easements)
▶▶ Charge over a part of a
property (mortgage)
▶▶ Enter into a lease over a
part of a property when
the term of the lease
10 FUNDAMENTALS approval process lists and templates
totals 21 years or more,
inclusive of renewal
options
Where a property is already
divided by a natural feature
(e.g., the bed of a stream or
lake) or a publicly owned
thoroughfare (e.g., a
highway or a road), consent
is not required to convey
the land on either side of
the feature or thoroughfare
separately.
For complex proposals
involving multiple lots, public
streets and servicing, a plan
of subdivision or a plan of
condominium application
may be more appropriate
for the landowner. Refer
to “Undertsanding the
Subdivision and Condominium
Application Process: A Stepby-Step Guide for Approval
Authorities” for more
information, or visit
ontario.ca/municipallearning.
CONSENT APPLICATION TYPES
LOT CREATION: Before a landowner can sell or transfer ownership of a portion of
his/her property as a standalone parcel, a new lot must be created.
Before
After
LOT A
LOT A LOT B
(retained)
(severed)
A landowner wishes
to sever part of his/
her property and
retain the remaining
portion.
A consent is required
for this type of
transaction.
LOT ADDITION: Sometimes, a landowner wishes to sell or transfer ownership of a
part of his/her land to a neighbouring (abutting) lot resulting in an increase in
size of the abutting landowner’s lot. This is referred to as lot addition.
After
Before
(retained)
LOT A
LOT B
(with added parcel)
A consent is required
for this type of
transaction.
FUNDAMENTALS approval process lists and templates
Processing Consent Applications
LOT A LOT B
LOT A
The owner of Lot
A wishes to sell a
portion of his/her
property to the
owner of Lot B to
allow for an addition
to an existing
building.
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EASEMENTS: Easements are agreements that confer on an individual, company
or municipality a right to use a landowner’s property. Examples of easements
include access roads, pathways and utilities (power lines, sewer/water lines,
transmission lines, etc.).
Before
LOT A
After
LOT A
easement
LOT B
LOT B
(in favour of Lot
A)
The landowner
of Lot A wishes
to use Lot B’s
property to
access the
street network.
Consent for a
right-of-way
formalizes this
arrangement.
Processing Consent Applications
MORTGAGE OR CHARGE OVER PART OF A PROPERTY: A landowner who wishes to
mortgage (or charge) a part of his/her property, or a mortgagee (or chargee) who
wishes to partially discharge a mortgage (or partially cease a charge) on a
property must apply for consent.
Before
After
LOT A
LOT A
12 FUNDAMENTALS approval process lists and templates
after partial
discharge of
mortgage
The owner of
a mortgaged
farm (Lot A)
requests a partial
discharge for
1 acre where
his/her home is
situated.
Consent is
required for
this type of
transaction.
PUBLIC BODIES THAT ARE
CONSENT-GRANTING AUTHORITIES
[Planning Act, ss. 50(1) & 54]
A public body that has the
authority to give consents is
commonly referred to as the
“consent-granting authority”.
A detailed breakdown
of approval authorities
in Ontario is available
at ontario.ca/
landuseplanning.
Most single-tier and all
upper-tier municipalities are
assigned consent-granting
authority by the Planning
Act and Ontario Regulation
354/02. In some places, the
Minister of Municipal Affiairs
and Housing is the consentgranting authority. This
includes all unincorporated
areas outside of planning
boards.
Delegation of ConsentGranting Authority
▶▶ Lower-tier councils:
Many upper-tier councils
▶▶ Planning boards: Most
of the planning boards
in Ontario have been
delegated consentgranting authority
by the Minister of
Municipal Affairs and
Housing. All authority
to give consents must
be retained with the
planning board and
cannot be further
delegated.
▶▶ Appointed officers,
committees of council
and municipal
planning authorities: A
municipal council that
has authority to grant
FUNDAMENTALS approval process lists and templates
Processing Consent Applications
The Planning Act provides
assigned consent-granting
authorities the option of
delegating all or a part of
their authority. In general,
these delegated authorities
can be grouped into three
categories:
have delegated their
consent-granting
authority to lower-tier
councils within their
jurisdiction. Some
single-tier councils have
also been delegated
consent-granting
authority from the
Minister of Municipal
Affairs and Housing.
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consents can further
delegate all or any
part of this authority
(as the case may
be) to a municipal
officer, a committee of
council, a committee
of adjustment, land
division committee or
a municipal planning
authority, including:
1) the authority to
determine if an
application is complete
pursuant to section 53 of
the Planning Act (Step 2
of this Guide)
Processing Consent Applications
2) the authority for the
giving of provisional
consent for any or
all types of consent
applications ( lot
creation, lot addition,
easements, mortgages
or leases for 21 years
or more) (Step 6 of this
Guide)
3) the authority to give
consent (i.e., issuing the
final certificate) (Step 11
of this Guide)
4) the authority to change
conditions of provisional
consent (Step 8 of this
Guide)
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5) the authority to execute,
amend or release
agreements securing
conditions imposed in
respect of a consent to
sever
Where a municipal
officer is delegated
authority, the by-law
must identify the name
or position of the officer.
Conditions may also
be attached to the
delegation.
Note: The authority
to give a Certificate
of Validation or the
authority to approve a
foreclosure or an exercise
of a power of sale can
also be delegated by
a municipal council
who has this authority
(see “Application for
Foreclosure or Exercise
of a Power of Sale” on
page 54 or “Application
for a Validation
Certificate” on page 57
for more details).
Delegation of Consent-Granting Authority
Where the Minister of Municipal Affairs and Housing is the assigned approval authority for
consent applications, the Minister may delegate his/her authority as follows:
Minister
single-tier
council
planning
board
no further
delegation
committee of
adjustment
committee of
council
appointed
officer (staff)
Processing Consent Applications
FUNDAMENTALS approval process lists and templates
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Delegation of Consent-Granting Authority
Where single-tier councils are the assigned approval authorities for consent applications,
they may delegate their authority as follows:
single-tier council
committee of
council
municipal
planning
authority
Processing Consent Applications
commitee
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committee of
adjustment
appointed
officer (staff)
appointed
officer (staff)
Delegation of Consent-Granting Authority
Where upper-tier councils are the assigned approval authorities for consent applications,
they may delegate their authority as follows:
upper-tier council
committee of
council
committee of
council
lower-tier
council
committee of
adjustment
land division
committee
appointed
officer (staff)
appointed
officer (staff)
municipal
planning
authority
committee
appointed
officer (staff)
Processing Consent Applications
FUNDAMENTALS approval process lists and templates
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SEVEN ESSENTIAL DOCUMENTS
YOU SHOULD KNOW
To view the most upto-date version of the
Planning Act, please
visit
www.e-laws.gov.on.ca.
To download a copy
of the Provincial
Policy Statement,
please visit ontario.ca/
landuseplanning.
In Ontario, land division
activities are regulated within
a policy-led planning system
that consists of seven interrelated types of legislation,
rules and policies. Decisions
made by a municipality
or planning board on all
land division matters are
in accordance with these
documents.
Processing Consent Applications
ONE
The Planning Act
The Planning Act provides the
framework for the province’s
policy-led planning system
and is administered by
the Ministry of Municipal
Affairs and Housing. The
Act dictates which land
use characteristics can be
regulated, how they can
be regulated and who
can regulate them. This
guide describes the key
steps set out in the Planning
Act for processing consent
applications.
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TWO
The Provincial Policy
Statement
The Provincial Policy
Statement sets the policy
foundation for regulating
the development and use of
land in Ontario. It provides
for appropriate development
while protecting public
resources of provincial
interest, public health and
safety and the quality of the
natural environment. The
Provincial Policy Statement
is reviewed at least every
five years from the time it
was issued to ensure that
the policies are up-to-date
to address current planning
challenges. Under the
Planning Act, decisions in
respect of any authority that
affects a planning matter
shall be consistent with the
Provincial Policy Statement.
THREE
The Provincial Plan(s)
Provincial plans apply to
specific geographical areas
Ontario’s policy-led planning system
Whole
province
Planning
Act
Provincial Policy
Statement,
2005
Regions of
the province
Upper-tier
and single-tier
municipalities
Lower-tier
municipalities
and
unorganized
territories
Provincial
plans
Upper-tier
official plans
Single-tier
official plans
Lower-tier
official plans
Community improvement
plans
Zoning by-law
Site plan control
Minor variance
FUNDAMENTALS approval process lists and templates
Processing Consent Applications
Development
permit
system
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Processing Consent Applications
FOUR
The Official Plan(s)
of Ontario and
complement the Provincial
Policy Statement to form
the foundation of Ontario’s
policy-led planning system.
These plans recognize
the opportunities and
challenges facing Ontario’s
communities and provide
leadership in dealing with
how our communities will
change over the long-term.
Provisions on a wide range
of issues may be included,
such as land-use planning,
transportation, infrastructure
planning, housing, natural
heritage, and resource
protection. Under the
Planning Act, decisions in
respect of any authority that
affects a planning matter
shall conform or not conflict
with provincial plans. See
Appendix 4 for a list of
provincial plans.
20 FUNDAMENTALS approval process lists and templates
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 goals
about land-use planning,
objectives as well as policies
in areas such as land use,
infrastructure and servicing,
transportation, the natural
environment, community
improvement and urban
design. Certain Planning
Act tools can be used to
help achieve a community
vision, if the official plan has
been updated to contain the
required provisions. Under
the Planning Act, decisions
that affect a planning matter
must conform to the official
plan(s).
FIVE
The Community
Improvement Plan(s)
A community improvement
plan may enable
municipalities to offer grants
or loans to local businesses
and landowners as an
incentive to build or repair
properties, including the
remediation, rehabilitation
and reuse of brownfields.
Decisions made on planning
applications should include,
if applicable, considerations
of how the application meets
the goals, objectives and
policies of the community
improvement plan. Your
community can use this
planning tool if provisions
relating to community
improvement are contained
in the official plan and there
is a community improvement
project area by-law in effect.
SIX
The Zoning By-law,
Development Permit By-law
or Minister’s Zoning Order
A development permit
A Minister’s zoning order is
a regulation that is issued
by the Minister of Municipal
Affairs and Housing. It
overrides local zoning
provisions, where they
exist. Like a zoning by-law,
a Minister’s zoning order
identifies the geographic
FUNDAMENTALS approval process lists and templates
Processing Consent Applications
A zoning by-law is another
planning tool found in the
Planning Act, which enables
a council or planning board
to implement the vision set
out in the official plan. It
identifies the permitted
land uses and the required
standards (e.g., lot sizes,
building height, setback,
parking requirements)
for different areas of the
community.
system can also assist a
municipality in implementing
the vision set out in the
official plan. This planning
tool combines zoning, site
plan and minor variance
into one application
and approval process. It
promotes development
by providing for faster
timelines, eliminating
potential duplication,
incorporating flexibility for
uses and development
standards to provide a “onestop” planning service. If
your municipality uses a
development permit system,
you will have a development
permit by-law in place.
This by-law contains a list
of permitted uses and
standards, and may also set
out variances to the uses and
standards. Appeal rights
are limited for a decision
on a development permit,
which helps to create more
certainty in the process.
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area (zoning area) to
which the order applies
and contains provisions for
the use of land. In other
instances, it is used to apply
a level of development
control in relation to a matter
of provincial interest in a
subject area(s).
Under the Planning Act,
decisions that affect a
planning matter must comply
with the applicable zoning
by-law, development permit
by-law or Minister’s zoning
order in the municipality or
planning area.
Processing Consent Applications
SEVEN
The Site Plan Control Area
By-Law
Site plan control provides
a council with the added
ability to control the design
and the development of
a site. This includes the
location, design and shape
(massing) of buildings,
the layout of parking and
service areas, public access
areas, landscaping, paving
materials and street furniture
(e.g., bicycle facilities,
benches, lampposts,
recycling containers). An
updated official plan that
includes site plan control
22 FUNDAMENTALS approval process lists and templates
policies along with a site
plan control area by-law
allow the implementation of
site plan control.
Consent
Consent
Approval Process
Process
Approval
Receive application and
fees
Give notice of application
(and public meeting)
90
days
Review and circulate
application
at least
May refuse to further
consider the application
NO
APPLICATION
COMPLETE
Review and determine if
application is complete
Applicant may make motion to
the Ontario Municipal Board
(OMB)
OMB hearing
Decision is final
APPLICATION
INCOMPLETE
14
days
Hold public meeting
(recommended)
15
15
days
days
days
1
Issue Notice
of Decision
Are there any
appeals?
Issue Notice
of Decision
20
days
Are there any
appeals?
YES
NO
year
15
days
20
days
Applicant appeals
for failure to
make a decision
NO
YES
May change
conditions anytime
Issue notice of
changes
Are there any
appeals?
Fail to make a
decision in 90 days
of a complete
application
Refuse
Approve
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May refuse to further
consider the application
YES
Forward notice of
appeal, record and
fees to the OMB
Forward
notice of
yes
appeal, record and
fees to the OMB
OMB Hearing
Decision is final
OMB Hearing
Decision is final
NO
Verify all conditions
are fulfilled
Issue certificate
APPROVE
APPROVE
REFUSE
FILE CLOSED
Verify all conditions
are fulfilled
Issue certificate
Early consultation
may take place any
time prior to a formal
submission of the
application by the
applicant.
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EARLY CONSULTATION
Early consultation with the
applicant has potential
benefits for both the
consent-granting authority
and the applicant, and is
strongly recommended.
For the applicant, it is an
opportunity to explain the
proposal upfront and obtain
preliminary comments
from the consent-granting
authority. For the consentgranting authority, early
consultation is an opportunity
to advise the applicant what
plans and studies should
be provided to support
the application, obtain
information to help make
an informed decision and
guide the applicant on the
approval process.
Processing Consent Applications
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fundamentals
APPROVAL PROCESS
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5
CHECKLIST FOR STEP 1: EARLY CONSULTATION
Consider, on a preliminary basis, if the proposal is appropriate for
a consent application, or if a plan of subdivision is necessary for
the proper and orderly development of the municipality. See
your official plan as it may contain policies in this regard.
Consider, on a preliminary basis, if the proposal is consistent with
the Provincial Policy Statement.
Consider, on a preliminary basis, if the proposal conforms to all
applicable provincial plans.
Consider, on a preliminary basis, if the proposal conforms
with official plan policies. If it does not, the applicant should
be advised that an official plan amendment will be required
before proceeding further with the consent application. The
considerations involved in obtaining this approval should be
discussed.
Appendix
2
Appendix
4
Consider, on a preliminary basis, if the proposal complies with an
applicable zoning by-law, Minister’s zoning order or development
permit by-law. If not, the applicant should be advised that a
zoning by-law amendment, Minister’s zoning order amendment
or amendment to the development permit by-law would be
required prior to final approval. The considerations involved in
obtaining these approvals should be discussed.
Identify which information and studies are required by the
Planning Act and the official plan, or are recommended to be
part of the formal application (see Step 2).
Processing Consent Applications
Identify any agencies that the applicant may want to consult
with, in advance of the formal application, in 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).
fundamentals APPROVAL PROCESS lists and templates
Appendix
5
To minimize delay
in the approval
process, application
completeness should
be determined
as soon as the
application is
received.
COMPLETE APPLICATION
[Planning Act, ss. 53(2)-(4.2)]
Complete applications
enable the consent-granting
authority and commenting
agencies to assess the
application and avoid
undue delay in the approval
process. The consentgranting authority may
refuse to further consider
an application if it is not
complete.
Components of a Complete
Application
Pursuant to the Planning
Act, a complete application
consists of:
▶▶ all information identified
by O. Reg. 197/96 (see
Appendix 6)
▶▶ all information identified
in the official plan(s)
as part of a complete
application for consent
▶▶ the application fee.
Until this information is
received, the consentgranting authority can refuse
to consider the application
further.
Consent-granting authorities
are discouraged from
making changes to a
signed application form. If
an application contains
any missing information, it
is recommended that the
consent-granting authority
return the application to the
applicant accompanied by
a listing of the outstanding
information.
fundamentals
Processing Consent Applications
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2
APPROVAL PROCESS
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CHECKLIST FOR STEP 2: COMPLETE APPLICATION
Record the date when both the application and fees have been
received.
Determine if the application is complete.
Appendix
Notify the applicant accordingly. If any requirements are missing,
consider refusing to further consider the application until all the
information has been received [Planning Act, s. 53(4)].
Appendix
6
To obtain a copy of the consent application of the Ministry of Municipal Affairs and
Housing, please visit www.ontario.ca/landuseplanning.
Processing Consent Applications
Where There Is A Dispute
8
If the applicant wishes to dispute a decision
made by a consent-granting authority on
whether the application is complete, 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.
fundamentals APPROVAL PROCESS lists and templates
7
14 DAYS
If the application is
deemed complete,
public notice of the
application must be
given at least 14 days
before a decision is
made.
NOTICE OF APPLICATION
[Planning Act, ss. 53(5)-(6), (7.1)]
The Planning Act recognizes
the importance of providing
the public with the
opportunity to comment by
requiring that public notice
of the application be given.
If the consent-granting
authority is an upper-tier
municipality (i.e., a regional
municipality or a county), it
may request that the relevant
lower-tier municipality carry
out this step.
!
The Ontario Municipal
Board may dismiss
an appellant’s
appeal if they did not
make written or oral
submissions prior to
the consent-granting
authority’s decision.
Terminology
Upper-tier municipality: refers to a regional municipality or a county
Lower-tier municipality: refers to a municipality that is situated
within the administrative boundaries of an
upper-tier municipality
Single-tier municipality: refers to a municipality that does not have
an upper-tier municipality presiding over it
Processing Consent Applications
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fundamentals
Image from Google - Imagery © 2011
APPROVAL PROCESS
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CHECKLIST FOR STEP 3: NOTICE OF APPLICATION
For upper-tier municipalities, decide who will give notice of
the application – the upper-tier or a local municipality having
jurisdiction over the subject land [Planning Act, s. 53(6)].
Where the Minister is the consent-granting authority, decide
who will give notice of the application – the Minister, a local
municipality or planning board having jurisdiction over the subject
land.
Where the consent-granting authority is giving notice:
Prepare a notice containing an explanation of the application
and other required information [O. Reg. 197/96, ss. 3(13)-(14)].
Appendix
8
Appendix
Do ONE of the following:
9
▶▶ Post the notice on the property and provide notice to
owners within 60 m of the subject land, OR
▶▶ Publish the notice in a local newspaper (this may be the
easiest option for lands in unincorporated areas)
[Planning Act, s. 53(5)(a), O.Reg. 197/96, s. 3(2)1]
Deliver the notice to:
▶▶ every person and public body that has provided a written
request for a notice
▶▶ all other persons and public bodies (conservation
authorities, Parks Canada, etc.) required under Ontario
Regulation 197/96 [O. Reg. 197/96, ss.3(8)-(9)].
Have copies of the application available to the public [Planning
Processing Consent Applications
Act, s. 53(5)(a), O. Reg. 197/96, s. 3(13)].
Consider posting the notice on the municipality’s website
as an additional way of informing the community about the
application.
10 fundamentals APPROVAL PROCESS lists and templates
Appendix
9
CHECKLIST FOR STEP 3: NOTICE OF APPLICATION
Where a lower-tier municipality or planning board has been requested by the
consent-granting authority to give notice:
Receive the following from the lower-tier municipality within 15
days after the notice is given:
▶▶ a certified copy of the notice
▶▶ an affidavit or sworn declaration by an employee of the
municipality that notice was completed in accordance
with Planning Act requirements
[Planning Act, s. 53(7.1), O. Reg. 197/96 s. 4]
Consider posting the notice on the applicable municipality’s
website as an additional way of informing the community about
the application.
Processing Consent Applications
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11
< 90 DAYS
Processing Consent Applications
Review and a
decision on the
application should
not take longer than
90 days, after which
time the applicant
can appeal to the
Ontario Municipal
Board for failure to
make a decision.
The 90-day count
begins from the
date the complete
application and any
required fees were
received.
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4
APPLICATION REVIEW
[Planning Act, ss. 3(5), 51(24)]
During application review,
the merits of the application
are evaluated against local
and provincial policies. The
application may also be
further circulated, to internal
departments and other local
agencies, to assist in the
review of the proposal. Any
comments received from the
public or other bodies (e.g.,
utility companies) are also
important considerations.
The careful review of
applications based on
planning principles can
contribute to the long-term
positive results a community
desires. For example, it
can ensure that municipal
services and finances,
such as costs for increased
snowplowing, school busing
and garbage collection,
are not strained. It can also
help to conserve the natural
environment by avoiding
the creation of lots that are
too small to accommodate
adequate sewage disposal
systems or that encroach
on environmentally sensitive
12 fundamentals APPROVAL PROCESS lists and templates
features or habitat.
Individual consent
applications can impact
provincial and local
interests directly (e.g., by
proposing development in
a wetland or a hazardous
area) or indirectly through
the cumulative impact of
successive consents (e.g.,
on the quality of ground
water or the cost of servicing
development).
Planning Report
A planning report should be
completed (by municipal
or planning board staff or
a consultant) to determine
if the application reflects
planning principles
embodied in provincial and
local planning policies, as
further identified below.
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.
Planning Criteria
Appendix 3)
The Planning Act sets the
standard to which provincial
interests, provincial and
local policies and goals are
implemented. Accordingly,
in order to recommend a
proposal for approval, the
application must:
▶▶ Conform with the official
plan(s) (in a two-tier
structure, this includes both
the upper- and lower-tier
official plans)
*
▶▶ Have regard to the matters
of provincial interest listed
in section 2 of the Planning
Act (see Appendix 1)
▶▶ Be consistent with the
Provincial Policy Statement
▶▶ Conform or not conflict with
all applicable provincial
plans (see Appendix 4)
▶▶ Have regard to criteria
listed in subsection 51(24)
of the Planning Act (see
*
▶▶ Comply with the
local zoning by-law,
Minister’s zoning order or
development permit bylaw
*
In addition to assessing
compliance with the above
planning criteria, potential
benefits from an existing
and applicable community
improvement plan may also be
identified as part of the report.
Conditions
If the planning analysis
supports granting a consent,
Please note:
If the application does not comply with the zoning by-law, Minister’s
zoning order or a development permit by-law, approval of a zoning bylaw amendment, Minister’s zoning order amendment, or a development
permit may be included as a condition of provisional consent.
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Conformity with the official plan(s) is a prerequisite to granting
provisional consent (see Step 6). If the application does not conform
with the official plan(s), the applicant should be asked to submit an
application for an official plan amendment and obtain approval from
the planning approval authority prior to further consideration of the
consent application. Hopefully, this would have been communicated to
the applicant at the pre-consultation stage.
13
recommended conditions
should be prepared as
part of the planning report.
Conditions are usually
attached to a decision
to secure development
requirements. Often,
comments received from
agencies or other public
bodies request certain
conditions of approval.
Deposited reference plan
(R-plan)
A reference plan (survey) is
required by section 81 of the
Registry Act and by section
150 of the Land Titles Act
prior to the registration of
a deed, mortgage, etc. It
is prepared by a surveyor
and deposited at the
local Land Registry Office.
Land described in the
transaction must comprise
of a “part” delineated on a
reference plan. It is strongly
recommended that copies of
a deposited reference plan
be requested as a condition
of approval to ensure that
the consent is correctly
represented on the plan.
Types of Conditions:
Subsection 53(12) of the Planning Act allows the consentgranting authority to impose any condition to a provisional
consent, as long as it believes the condition is reasonable,
having regard to the nature of the development proposed,
including:
▶▶ Provision of copies of a deposited reference plan
completed by a surveyor
Processing Consent Applications
▶▶ Conveyance of land for park or other public recreational
purposes or payment of money in lieu thereof
▶▶ Conveyance of land for matters such as road widenings,
pedestrian and bicycle pathways and public transit right
of ways
▶▶ Provision of local services related to the proposed new
lot(s)
▶▶ Compliance with the applicable zoning by-law,
development permit by-law or Minister’s zoning order
14 fundamentals APPROVAL PROCESS lists and templates
CHECKLIST FOR STEP 4: APPLICATION REVIEW
Circulate the application to internal agencies and any other
public bodies as necessary.
Review department, agency, Aboriginal and other public
comments as they are received. Determine if further clarification
is required.
Determine what, if any, additional information is needed from the
applicant to complete the review of the application and advise
the applicant accordingly.
Determine if there is a need for technical advice from a specialist
to review any reports/studies submitted.
Continue to meet with the applicant to address and resolve any
issues that arise.
Complete a planning report that addresses, at a minimum, all the
planning criteria described in this section.
Appendix
If the analysis supports granting provisional consent, include draft
conditions in the report that could address agency comments
and other concerns raised as well as all other requirements of the
consent-granting authority.
10
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).
Processing Consent Applications
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Processing Consent Applications
If a public meeting
is held at the same
forum as the meeting
of all members
of the consentgranting authority
to make a decision
on the application,
efficiencies may be
captured to save
time and cost for
both the public and
the consent-granting
authority.
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5
PUBLIC MEETING
A public meeting can be
advantageous as it provides
a forum for the consentgranting authority to hear
from residents before making
a decision. Although not a
requirement of the Planning
Act, many consent-granting
authorities in Ontario choose
to open their meetings to
the public before making
a decision on a consent
application.
CHECKLIST FOR STEP 5: PUBLIC
MEETING
For upper-tier municipalities, decide who will hold the
public meeting: the upper-tier municipality or a local
municipality.
Give notice of the public meeting if the council or
planning board deems appropriate.
Record the names of all persons and public bodies
who made oral presentations at the public meeting.
Take minutes of the public meeting.
Record all submissions received.
Advise that there is a 20 day appeal period during
which time any person or public body may appeal
the decision.
Advise the public that if anyone wishes to be notified
of the decision, a written request must be made to the
consent-granting authority.
16 fundamentals APPROVAL PROCESS lists and templates
90 DAYS
It is recommended
that a decision is
made within 90
days of the receipt
of the complete
application. If it is
not, the applicant
can appeal to the
Ontario Municipal
Board for failure to
make a decision.
6
DECISION
[Planning Act, ss. 53(12), (41)]
After considering the
comments received,
recommendations made,
and evidence presented
in the planning report, it is
time to make a decision
to approve or refuse the
application.
provincial plans (see
Appendix 4)
▶▶ Have regard to criteria
listed in subsection
51(24) of the Planning
Act (see Appendix 3)
▶▶ Conform with the official
plan(s). This includes
both the upper- and
lower-tier official plans in
a two-tier structure
Criteria for Approval
▶▶ Have regard to the
matters of provincial
interest listed in section 2
of the Planning Act (see
Appendix 1)
▶▶ Be consistent with
the Provincial Policy
Statement
▶▶ Either comply with the
applicable zoning bylaw, Minister’s zoning
order or development
permit by-law, or make
a decision that requires
amendments to these as
a condition of approval
In addition, agency
requests should have been
considered and conditions
imposed where they are
reasonable in the opinion
of the consent-granting
authority.
▶▶ Conform or not conflict
with all applicable
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As explained in Part I of this
guide, all decisions related
to planning matters must be
made in accordance with
the Province’s policy-led
planning system. Therefore,
the decision made by the
consent-granting authority
must:
17
Conditions of Approval
The Planning Act empowers
the consent-granting
authority to impose
conditions on the approval
of consent applications that
it believes are reasonable,
having regard to the
nature of the development
proposed. When a consent
application is approved with
conditions, it is referred to as
a “provisional consent”.
There are almost always
conditions to fulfill, even if
they are basic requests for
a survey of the proposed
new lot within the provisional
consent period and other
land ownership related
information.
Processing Consent Applications
Stipulated and Unstipulated
Consents
Where a parcel of land is
conveyed with consent, the
same identical parcel may
be conveyed any number
of times thereafter without
the need to obtain another
consent. This may be
referred to as an unstipulated
consent and is commonly
referred to with the phrase
“once a consent always a
consent”.
However, the Planning Act
provides a mechanism for
planning approval authorities
to require approval for
subsequent conveyances of
the same parcel. This power
is usually exercised for lot
additions, since the suitability
of the lot to be conveyed as
a standalone parcel (not to
be added to an abutting
lot) would not have been
reviewed. To be able to
review and approve future
conveyances of this same
parcel, the consent-granting
authority must stipulate in
giving provisional consent
that subsection 50(3) or (5)
of the Planning Act apply to
any subsequent conveyance
of or transaction involving
the same parcel. This may
be referred to as a stipulated
consent.
Lapsing of Provisional Consent
When granting provisional consent, the Planning Act legislates
a timeframe of 1 year for the applicant to fulfill all conditions,
otherwise the application is deemed to be refused pursuant to
subsection 53(41).
18 fundamentals APPROVAL PROCESS lists and templates
CHECKLIST FOR STEP 6: DECISION
Consider the planning report and any supporting information
and materials, including agency comments and issues raised at
the public meeting, if one was held.
The decision has regard to the matters of provincial interest listed
in section of the Planning Act [Planning Act, s. 2].
Appendix
1
The decision is consistent with the Provincial Policy Statement
[Planning Act, s. 3(5)(a)].
The decision conforms, or does not conflict with, all applicable
provincial plans [Planning Act, s. 3(5)(b)].
The decision conforms to the policies in the official plan as it
relates to the subject application [Planning Act, ss. 53(12) and
51(24)].
The decision does not compromise future compliance with site
plan control (if the subject land falls within a site plan control
area as defined in a site plan control by-law).
The decision complies with the zoning provisions in the zoning bylaw, development permit by-law or Minister’s zoning order as it
relates to the subject lands (an amendment can be a condition
of approval if the consent would result in the creation of a lot(s)
that does not comply with the applicable by-law or order).
The decision has regard for those matters described in s. 51(24)
of the Planning Act [Planning Act, ss. 53(12) and 51(24)].
Appendix
Conditions related to the provisional consent are reasonable,
having regard to the nature of the development proposed.
[Planning Act, ss. 53(12) and 51(25)].
3
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If the consent-granting authority wishes that approval for
consent be required for future conveyances of the severed
lands (i.e., if the approval is for a lot addition), indicate this
provision in the decision. Suggested wording: “Subsection
50(3) [or (5)] of the Planning Act shall apply to any subsequent
conveyance of or transaction involving the parcel of land that is
the subject of this consent” [Planning Act, s. 50(12)].
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15 DAYS
Notice of the decision
must be issued within
15 days from the date
the decision was
made.
7
NOTICE OF DECISION
[Planning Act, s. 53(17)]
Processing Consent Applications
Once a decision has
been made, written notice
containing the decision must
be given to the applicant
and any persons and public
bodies that submitted written
requests to be notified of
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the decision. This notice
must include a copy of the
decision, information about
the appeal provisions and
all other information required
under Ontario Regulation
197/96.
CHECKLIST FOR STEP 7: NOTICE OF
DECISION
Have a notice prepared containing
all information required under Ontario
Regulation 197/96 [O. Reg. 197/96,
s. 6(1)].
Appendix
11
Send the notice to the applicant
[Planning Act, s. 53(17)(a)].
Send the notice to any persons or
public bodies that submitted written
requests to be notified [Planning Act,
s. 53(17)(b)].
Send the notice to the Minister, if the
Minister has notified the council that he
or she wishes to receive a copy of all
decisions made to give a provisional
consent [Planning Act, s. 53(17)(d)].
Consider having an employee sign a
sworn declaration certifying that notice
requirements have been complied
with. The sworn declaration would be
submitted to the Ontario Municipal
Board as part of the record if there is an
appeal – see Step 9 [Planning Act,
s. 53(22)].
20 fundamentals APPROVAL PROCESS lists and templates
Appendix
12
Under the Planning
Act, changes to
the conditions of a
provisional consent
can be made any
time prior to final
approval.
8
CHANGES TO CONDITIONS
[Planning Act, ss. 53(23)-(26)] (if necessary)
If the consent-granting
authority wishes to amend
conditions of the provisional
consent, the Planning Act
enables it to do so.
within 15 days of the date the
changes are made to the
applicant and any persons
and public bodies that
submitted written requests to
be notified of the changes.
Notice Requirements
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If the changes are minor,
no notice of the changes
is required. If, however, the
changes are not minor,
notice of the changed
conditions must be given
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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 the changes are minor, no
further action is required in this step [Planning Act, s. 53(26)].
Continue below if the changes are not minor
Have a notice prepared containing all information required
under Ontario Regulation 197/96 [Planning Act, s. 53(24), O. Reg.
197/96, s. 7(1)].
Appendix
14
Send the notice to the applicant and any prescribed persons
and public bodies. [Planning Act, s. 53(24), O. Reg. 197/96, s. 7(2)]
Send the notice to each person and public body that requested
to be notified of changes to conditions in writing.
Send the notice to the Minister, if the Minister requested to be
notified of changes to conditions [Planning Act, s. 53(24)(c)].
Processing Consent Applications
Consider having an employee sign a sworn declaration certifying
that notice requirements have been complied with. The sworn
declaration would be submitted to the Ontario Municipal Board
as part of the record if there is an appeal – see Step 9 [Planning
Act, s. 53(22)].
22 fundamentals APPROVAL PROCESS lists and templates
Appendix
15
15 DAYS
The notice of the
appeal, the Ontario
Municipal Board’s
filing fee and the
record of the file must
be forwarded to the
Ontario Municipal
Board within 15 days
of receiving the
notice of appeal
or within 15 days
after the last day for
appeal, as the case
may be (see table on
page 47).
APPEALS (if applicable)
[Planning Act, ss. 53(14), (15), (19), (27), (28)]
The Planning Act allows
any person or public body
to appeal the decision,
conditions or changed
conditions. In addition,
as explained earlier, the
applicant can appeal for
non-decision if a decision
is not made within 90 days
of receiving a complete
application. Once a notice
of appeal is received, it must
be forwarded along with the
public record of the file to
a local appeal body, if one
is in place, or to the Ontario
Municipal Board.
If Appeals Are Withdrawn
If the appeal of a decision,
conditions or of changed
conditions is withdrawn
within 15 days after the 20day appeal period (see
table), the consent-granting
authority is not required to
forward the record to the
Ontario Municipal Board.
person or public body
can appeal the decision,
conditions or changed
conditions (see table on
page 47).
Local Appeal Body
Having a local appeal body
can enhance municipal
autonomy and local decision
making. The Planning Act
empowers municipalities
to establish their own local
appeal body that may hold
hearings on appeals related
to consents and minor
variances. Under the Act,
a local appeal body has
all the powers and duties of
the Ontario Municipal Board
with respect to consents and
minor variances. References
in this document to the
Ontario Municipal Board
should also be interpreted to
apply to local appeal bodies
as applicable.
The Ontario Municipal Board
Who Can Appeal
The applicant and any
If a municipality chooses
not to set up a local appeal
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Failure to make Decision
a decision
within 90 days
Planning Act
reference
s. 53(14)
Who can appeal
ӹӹ Applicant
s. 53(19)
ӹӹ Applicant
ӹӹ Any person or
public body
Last day for filing a
n/a
20 days after
notice of appeal
notice of
decision is given
Items required to be
ӹӹ Notice of
ӹӹ Notice of
submitted
appeal
appeal
ӹӹ Filing fee
ӹӹ Filing fee
When to forward the
Within 15 days
Within 15 days
appeal to the Ontario after the notice is after the last day
Municipal Board
filed
for appeal
Processing Consent Applications
*
*
Conditions of
a provisional
consent
Changed
conditions
s. 53(19)
s. 53(27)
ӹӹ Applicant
ӹӹ Any person or
public body
20 days after
notice of
decision is given
ӹӹ Notice of
appeal
ӹӹ Filing fee
Within 15 days
after the last day
for appeal
ӹӹ Applicant
ӹӹ Any person or
public body
20 days after
notice of
decision is given
ӹӹ Notice of
appeal
ӹӹ Filing fee
Within 15 days
after the last day
for appeal
This is not required if the appeal is withdrawn within the 15-day time period.
body, appeals related to
consent applications would
continue to be heard by the
Ontario Municipal Board.
The Ontario Municipal
Board is an independent
administrative tribunal
responsible for hearing
appeals and other matters,
including land use planning
applications. Board
members are appointed
24 fundamentals APPROVAL PROCESS lists and templates
by the Ontario Cabinet
and are responsible
for the adjudication of
Board matters. For more
information, visit www.
omb.gov.on.ca or view
the Citizen’s Guide on
the Ontario Municipal
Board at www.ontario.ca/
landuseplanning.
CHECKLIST FOR STEP 9: APPEALS
If no notice of appeal is received:
Consider having an employee sign a sworn declaration that no
notice of appeal was filed within the time allowed for appeal.
[Planning Act, s. 53(22)].
Appendices
13 &
16
If a notice of appeal is received:
Verify that the appeal is received within the required timeframes
set out in the Planning Act.
Verify that the reasons for the appeal have been provided.
Verify that the filing fee is included.
Prepare a record that contains all the information under Ontario
Regulation 197/96 (O. Reg. 197/96, ss. 5 or 8).
Appendix
17
Forward the record, notice of appeal and the filing fee to the
Ontario Municipal Board within the legislated timeframes – see
table on page 47 [Planning Act, ss. 53(15)(b), (28)(b)].
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10
HEARING AT THE ONTARIO
MUNICIPAL BOARD
[Planning Act, ss. 53(30) & (31)] (if applicable)
Processing Consent Applications
Visit www.omb.
gov.on.ca for
information on hearing
procedures.
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To defend provincial and
local interests at the Ontario
Municipal Board in the case
of an appeal, the consentgranting authority has three
options, as applicable:
▶▶ negotiate with the
appellant and any
other parties to reach a
settlement with a revised
proposal;
▶▶ prepare to defend the
decision made in a
full hearing (where a
decision was made);
or
▶▶ seek to have the appeal
dismissed without a
hearing.
Criteria for a Decision
Under the Planning Act, the
Ontario Municipal Board is
bound by the same planning
considerations as the
consent-granting authority
when making a decision.
That is, the decision must:
26 fundamentals APPROVAL PROCESS lists and templates
▶▶ Have regard to the
matters of provincial
interest listed in section 2
of the Planning Act (see
Appendix 1)
▶▶ Be consistent with
the Provincial Policy
Statement
▶▶ Conform or not conflict
with all applicable
provincial plans (see
Appendix 4)
▶▶ Have regard to criteria
listed in subsection
51(24) of the Planning
Act (see Appendix 3)
▶▶ Conform with the official
plan(s) (in a two-tier
structure, this includes
both the upper- and
lower-tier official plans)
▶▶ Either comply with the
applicable zoning bylaw, Minister’s zoning
order or development
permit by-law, or make
a decision that requires
amendments to these as a
condition of approval
Furthermore, section 2.1 of
the Planning Act requires the
Board to have regard to any
planning decisions that have
been made by the municipal
council or approval authority
relating to the same matter,
and any supporting information
and material that the municipal
council or approval authority
considered in making the
decision.
Settlement
Often, prior to the Board
reaching a decision on an
appeal, parties may decide to
resolve issues and come to a
mutually acceptable solution
(settlement). In general, a
settlement will still need to be
justified and approved before
the Ontario Municipal Board.
Parties should ensure that there
is sufficient planning rationale
based on the above-mentioned
criteria to support the proposed
settlement.
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 land-use
planning grounds
ii. the appeal is frivolous, vexatious or made in bad faith
iii. the appeal is made only for the purpose of delay, and/or
iv. the appellant has repeatedly and unreasonably commenced appeals 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.
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Processing Consent Applications
▶▶ The appellant did not make oral submissions at a public meeting or did not make
written submissions to the consent-granting authority before a decision on the
application was made, and in the opinion of the Board, the appellant does not
provide a reasonable explanation for failure to make a submission.
27
CHECKLIST FOR STEP 10: HEARING AT THE ONTARIO
MUNICIPAL BOARD
Determine if provincial and municipal interests may be affected by the
appeal.
Consider one of the following three options:
a. seek to have the appeal dismissed without a hearing;
b. prepare to defend the decision on the application (where a decision was
made); or
c. negotiate with the appellant(s) and any other parties to reach a
settlement with a revised proposal.
Note: For the latter two cases, there must be a planning rationale in support of
the decision or the negotiated settlement.
If the Ontario Municipal Board makes a decision to give provisional consent,
it is the consent-granting authority’s responsibility to grant consent once it is
satisfied that all conditions have been fulfilled – see next step [Planning Act,
s. 53(39)].
Processing Consent Applications
For information on appeal procedures at the Ontario Municipal Board, visit
www.omb.gov.on.ca.
28 fundamentals APPROVAL PROCESS lists and templates
Image from Google - Imagery © 2011
1 YEAR
All conditions of
approval must have
been fulfilled within 1
year of the decision
before the consent is
given.
*
GRANTING OF A CONSENT
[Planning Act, ss. 53(39)-(43)]
A consent is granted when
the consent-granting
authority is satisfied that all
conditions imposed on the
provisional consent have
been fulfilled. When a
consent is given, a certificate
stating that the consent was
given, that the provisions of
the Planning Act leading to
the consent were complied
with, and that the consentgranting authority had
jurisdiction to grant the
consent acts as conclusive
evidence that consent was
given for the transaction.
Where the deed or other
legal document relating
to the consent is readily
available, the certificate may
take the form of a certificate
stamp on the document
containing the appropriate
signature. If the deed or
other legal document is
not available, a separate
paper certificate is given to
the applicant that contains
an added legal description
of the land to which the
consent applies.
Two Year Validity
Subsection 53(43) provides
that the applicant must carry
out the proposed transaction
(e.g., mortgage, transfer)
within 2 years from the date
of the certificate (or earlier
if the consent-granting
authority specified such),
otherwise the consent lapses.
As such, it is advisable to
issue the certificate as soon
as all conditions have been
fulfilled so that the two-year
period (or a reduced period
specified by the consentgranting authority) can start
to run.
*
Please note: If no appeals
are received, the 1 year period
starts running from the date the
notice of decision, or the notice
of any changes to conditions,
is given, whichever is later. If
appeals are received, the time
limit begins from the date the
Ontario Municipal Board issues
a notice informing the consentgranting authority that all
appeals have been withdrawn
or dismissed, or from the date
the Ontario Municipal Board
issues its final decision.
fundamentals
APPROVAL PROCESS
lists and templates
Processing Consent Applications
1
2
3
4
5
6
7
8
9
10
11
11
29
Did the consent-granting
authority stipulate that ss.
50(3) or (5) of the Planning
Act shall apply to any
subsequent conveyances of
the same parcel?
Is the certificate
to be attached to
a legal instrument,
such as a deed?
No
No
Yes
Yes
Yes
No
Yes
No
Form
Use Form 1 as a stamp and
affix onto the legal
instrument (see Appendix
18).
18
Use Form 2 as a standalone
paper certificate (see
Appendix 18).
18
Use Form 3 as a stamp and
affix onto the legal
instrument (see Appendix
18).
18
Use Form 4 as a standalone
paper certificate (see
Appendix 18).
CHECKLIST FOR STEP 11: GRANTING OF A CONSENT
Processing Consent Applications
Ensure that all conditions of provisional consent have been
fulfilled within 1 year.
Issue a certificate to the applicant using the applicable form
as conclusive evidence that consent has been given to the
transaction (O. Reg. 197/96, s. 9).
30 fundamentals APPROVAL PROCESS lists and templates
Appendix
18
18
APPLICATION FOR FORECLOSURE
OR EXERCISE OF A POWER OF SALE
[Planning Act, ss. 50(18)-(18.1)]
Power of sale and
foreclosures
When a borrower defaults
on the payment of his/her
mortgage (or charge), the
following options are among
those available to the lender
(e.g., the bank):
Power of sale - enables the
lender to force the sale of
a mortgaged/charged
property where the borrower
has defaulted
Foreclosure - a court process
that is initiated by the
lender in order to terminate
the borrower’s rights of
redemption in a property
Circumstances where an
application is required
Pursuant to subsection
50(18) of the Planning Act, a
foreclosure or power of sale
must include all the lands
subject to the mortgage (or
charge) to have effect in
law. Where only a part of
the land that is subject to
the mortgage or charge is
Exceptions under the Planning Act
An application for a foreclosure or exercise of a power of sale is not
required by the Planning Act where the land being foreclosed:
▶▶ comprises the whole of one or more lots on a registered plan
of subdivision;
▶▶ was either previously conveyed with an unstipulated consent
(i.e., subsection (3) or (5) was not stipulated to apply to
subsequent conveyance or transaction) or is the retained
portion of land, the other part of which was previously
conveyed with an unstipulated consent.
fundamentals
APPROVAL PROCESS
lists and templates
Processing Consent Applications
▶▶ does not abut (share a common boundary with) any other
lands that are subject to the same mortgage (or charge);
31
included in the foreclosure or
power of sale proceedings,
a consent-granting authority
must approve the transaction
before it can be registered
to ensure that all planning
critieria are met, except in
certain circumstances (see
page 54).
Please note that where the
authority to grant consents
was delegated by the
Minister of Municipal Affairs
and Housing, the authority
to approve a foreclosure
or a power of sale remains
with the Minister unless the
Minister has delegated this
power separately.
Processing Consent Applications
Appeals Are Not Permitted
There are no appeal
provisions for a decision
by the consent-granting
authority with respect to an
application for a foreclosure
or exercise of a power of
sale. The decision made
by the consent-granting
authority on the application
is final.
Criteria for Approval
In order for the consentgranting authority to approve
a foreclosure or exercise of a
32 fundamentals APPROVAL PROCESS lists and templates
power of sale, the following
planning criteria must be
met:
▶▶ the application has
regard to the matters
of provincial interest
listed in section 2 of
the Planning Act (see
Appendix 1)
▶▶ the application is
consistent with the
Provincial Policy
Statement
▶▶ the application conforms
or does not conflict with
all applicable provincial
plans (see Appendix 4)
▶▶ the application
conforms with the official
plan(s). This includes
both the upper- and
lower-tier official plans in
a two-tier structure
▶▶ the application conforms
with the zoning by-law
and any Minister’s zoning
order (where there is
a development permit
by-law, the application
should conform to it as
well)
CHECKLIST: PROCESSING AN APPLICATION FOR
FORECLOSURE OR EXERCISE OF A POWER OF SALE
The approval must be consistent with the Provincial Policy
Statement and conform or not conflict with all applicable
provincial plans [Planning Act, s. 3(5)]
The approval has regard to provincial interests in section 2 of the
Planning Act.
Appendix
The approval must conform with the official plan [O. Reg. 150/95,
s. 1(a)].
2
The approval must comply with the zoning by-law or a Minister’s
zoning order (where there is a development permit by-law, the
application should conform to it as well) [O. Reg. 150/95, s. 1(b)(c)].
Processing Consent Applications
fundamentals
APPROVAL PROCESS
lists and templates
33
APPLICATION FOR A VALIDATION
CERTIFICATE
(Planning Act, s. 57)
Processing Consent Applications
Please note that
where the authority
to grant consents
was delegated
by the Minister of
Municipal Affairs
and Housing, the
authority to give
validations remains
with the Minister
unless the Minister
has delegated this
power separately.
A validation certificate is
used to validate the legality
of parcels of land whose
creation contravened the
Planning Act. For example,
an owner who owns parcel
A buys an abutting parcel
B, then sells parcel A to a
purchaser without obtaining
consent from the consentgranting authority (the
parcels do not represent
lots on a registered plan
of subdivision nor are they
parcels previously conveyed
with an unstipulated
consent). Because the
owner retained interest
in the abutting property
(parcel B), this transaction is
an attempt to divide land.
Without obtaining consent
from the same public body
with authority to create new
parcels of land, the transfer
to the purchaser is invalid. A
validation certificate would
validate the transfer.
Criteria for Approval
In order for the consentgranting authority to give
34 fundamentals APPROVAL PROCESS lists and templates
a validation certificate, the
following planning criteria
must be met:
▶▶ the application has
regard to the matters
of provincial interest
listed in section 2 of
the Planning Act (see
Appendix 1)
▶▶ the application is
consistent with the
Provincial Policy
Statement
▶▶ the application conforms
or does not conflict with
all applicable provincial
plans (see Appendix 4)
▶▶ the application has
regard to the criteria set
out in subsection 51(24)
of the Planning Act;
▶▶ the application
conforms with the official
plan(s). This includes
both the upper- and
lower-tier official plans in
a two-tier structure
▶▶ the application conforms
with the zoning by-law
and any Minister’s zoning
order (where there is
a development permit
by-law, the application
should conform to it as
well)
If the original owner is
available to sign a consent
application, it is best to
advise that a consent
application be submitted.
CHECKLIST: PROCESSING AN APPLICATION FOR A
VALIDATION CERTIFICATE
Is the original owner that conveyed the land in contravention
of the Planning Act available? If yes, advise the applicant to
request that the owner sign a consent application instead of
seeking a validation certificate.
If the original owner is not available:
Ensure the application has regard to the matters of provincial
interest listed in section 2 of the Planning Act.
Ensure the application is consistent with the Provincial Policy
Statement and conforms or does not conflict with all applicable
provincial plans [Planning Act, s. 3(5)].
Ensure the application has regard for matters described under
subsection 51(24) of the Planning Act [O. Reg. 144/95, s. 1(1)].
Ensure the application conforms with the official plan(s) [O. Reg.
144/95, s. 1(2)(a)].
Ensure that any conditions against the property are included as
necessary.
Issue a validation certificate, as considered appropriate.
Appendix
19
fundamentals
APPROVAL PROCESS
lists and templates
Processing Consent Applications
Ensure the application complies with the applicable zoning
by-law or Minister’s zoning order (where there is a development
permit by-law, the application should conform to it as well)
[O. Reg. 144/95, s. 1(2)(b)-(c)].
35
1
Appendix 1
PROVINCIAL INTERESTS LISTED IN SECTION 2 OF THE PLANNING ACT
All planning decisions must have regard to the matters of provincial interests
listed in section 2 of the Planning Act. These are:
Processing Consent Applications
▶▶ 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;
▶▶ 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;
▶▶ The promotion of development that is designed to be sustainable, to
support public transit and to be oriented to pedestrians.
4
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 consent-granting authorities in the preliminary
assessment of planning 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 in its entirety and apply all relevant
policies to each situation. Some considerations may be applied later in the approval process.
SUBJECT
QUESTION
YES
Settlement
Areas
If the subject lands are located in a settlement area,
does the application represent opportunities for
intensification and redevelopment?
Suggested examples:
- the application is an infill development
- the application proposes a higher density than
currently exists
NO
PPS
POLICIES
See policies
1.1.3.2a) &
b).
If the subject lands are located in a rural area:
Rural Areas
Employment
Areas
Public spaces
See policy
1.1.4.1.
Does the application comply with the Minimum
Distance Separation formulae?
See policy
1.1.4.1c).
If the subject lands are located in an employment
area, does the application represent employment
uses (e.g., manufacturing, warehouse and office and
associated retail)?
See policy
1.3.2.
Are the subject lands located where appropriate
levels of infrastructure and public service facilities are
or will be available?
See policy
1.4.3c).
Does the application provide public access to
shorelines, where they exist?
See policy
1.5.1c).
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
Housing
Is the proposed use related to one of the following:
i) the management or use of resources
ii) resource-based recreational activities
iii) limited residential development
iv) other rural land uses
5
SUBJECT
QUESTION
YES
NO
PPS
POLICIES
Does the application use existing municipal sewage
services and municipal water services?
See policies
1.6.4.1 to
1.6.4.5.
Is there confirmation of sufficient reserve sewage
capacity and reserve water system capacity?
See policy
1.6.4.1e).
Sewage and
Water
Does the application make efficient use of existing
and planned infrastructure? Preference is for publicly
Transportation owned and maintained road access to all lots.
Are the subject lands in the vicinity of airports?
Airports
See policy
1.6.5.2.
See policies
1.6.7.1 and
1.6.7.2.
DO THE SUBJECT LANDS CONTAIN:
Processing Consent Applications
Natural
Heritage Areas
6
significant habitat of endangered species and
threatened species?
See policy
2.1.3a).
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).
significant valleylands?
See policy
2.1.4c).
significant wildlife habitat?
See policy
2.1.4d).
significant areas of natural and scientific interest
(ANSI)?
See policy
2.1.4e).
lands that are adjacent to natural heritage features
and areas?
See policy
2.1.6.
lands that are in or near sensitive surface water
features and sensitive ground water features?
See policy
2.2.2.
prime agricultural areas?
See policy
2.3.1.
Prime
Agricultural
Areas
ARE THE SUBJECT LANDS:
fundamentals approval process LISTS AND TEMPLATES
YES
NO
PPS
POLICIES
SUBJECT
QUESTION
Minerals and
Petroleum
Areas
in areas adjacent to or in known mineral deposits or
known petroleum resources and in significant areas of
mineral potential and significant areas of petroleum
potential?
See policy
2.4.2.2.
near a mineral aggregate operation and may
interfere with it?
See policy
2.5.2.4.
Mineral
Aggregate
in areas adjacent to or in known deposits of mineral
Resource Areas aggregate resources (e.g., gravel, sand, limestone,
shale, clay) and may interfere with it?
See policy
2.5.2.5.
IS THE PROPOSED DEVELOPMENT:
Cultural
Heritage and
Archaeolgy
Areas
on lands containing archaeological resources or
areas of archaeological potential?
See policy
2.6.2.
on lands adjacent to the protected heritage
property?
See policy
2.6.3.
ARE THE SUBJECT LANDS WITHIN:
Natural
Hazards
the dynamic beach hazard?
See policy
3.1.2a).
portions of the one-hundred-year flood level along
connecting channels?
See policy
3.1.2b).
areas inaccessible to people and vehicles during
times of flooding hazards, erosion hazards and/or
dynamic beach hazards?
See policy
3.1.2c).
a floodway?
See policy
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:
See policy
3.2.1.
oil, gas and salt hazards?
See policy
3.2.1.
former mineral mining operations, mineral aggregate
operations or petroleum resource operations?
See policy
3.2.2.
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
Human-made
Hazards Areas
mine hazards?
7
3
Appendix 3
PLANNING ACT CRITERIA [s. 51(24)]
Processing Consent Applications
DOES THE APPLICATION HAVE REGARD TO:
8
YES
NO
PLANNING
ACT
SECTION
the health, safety, convenience, accessibility for persons with
disabilities and the welfare of present and future residents of the
community?
s. 51(24)
the matters of provincial interest in section 2 of the Planning Act?
s. 51(24)(a)
whether the proposed consent is premature or in the public interest?
s. 51(24)(b)
whether the proposed consent conforms to the official plan and
adjacent plans of subdivision, if any?
s. 51(24)(c)
whether the land is suitable for the proposed use?
s. 51(24)(d)
whether road access is adequate?
s. 51(24)(e)
whether the provision of municipal services is adequate, such as water
supply, wastewater systems, garbage collection, snow removal, fire
protection and school busing?
s. 51(24)(i)
whether the provision of primary and secondary schools are
adequate?
s. 51(24)(j)
whether the availability of utilities (i.e., gas, electricity, cable) is
adequate?
s. 51(24)(i)
the dimensions and shapes of the proposed lots?
s. 51(24)(f)
whether there are any restrictions, or proposed restrictions, on the
subject land and proposed buildings, or adjoining land and buildings?
s. 51(24)(g)
whether natural resources are conserved and flood control is
mitigated?
s. 51(24)(h)
whether there is adequate provision of parks and open spaces?
s. 51(24)(k)
whether the layout of any new lots proposed by the consent optimizes
energy efficiency?
s. 51(24)(l)
the interrelationship between the proposed consent and site plan
control matters, as applicable?
s. 51(24)(m)
fundamentals approval process LISTS AND TEMPLATES
4
Appendix 4
CONFORMITY WITH PROVINCIAL PLANS
If the subject lands are located in any of the areas governed by the plans listed below or any other
provincial plans, ensure that the application conforms with the applicable policies.
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
9
5
Appendix 5
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 (Public
Transportation and
Highway Improvement
Act)
Required for any consent application that is proposed
in close proximity to a provincial highway or has the
potential to impact upon a provincial highway.
Contact your local
Ministry of Transportation
office.
PERMISSION FOR SEWAGE WORKS
Part 8 permit (Building
Code)
Required for consents proposed on small, private
sewage servicing systems, generating 10,000 or less litres
of effluent per day on one lot.
Contact your local
municipality, public
health unit or area
conservation authority
(if there is no health
unit).
Certificate of Approval
(Environmental
Protection Act)
Required for consents proposed on larger sewage
systems that generate more than 10,000 litres of effluent
per day on one lot.
Contact your local
Ministry of the
Environment office.
Processing Consent Applications
CONTAMINATED SITES
Environmental Site
Assessment (ESA)
Completed by a qualified person for proposed sensitive
land uses on sites with potential soil contamination
to determine the extent of contamination and
recommend actions for site remediation.
Contact your local
Ministry of the
Environment office.
Record of Site Condition
(RSC) (Environmental
Protection Act)
Required where the proposal represents a change in
activity from industrial, commercial or community use to
a more sensitive land use, such as residential or schools.
Contact your local
Ministry of the
Environment office, or
visit www.ontario.ca/
brownfields.
CONSERVATION OF NATURAL HERITAGE SYSTEMS
Permit for Alteration to
Shoreline
Required prior to any site alteration or erecting of
structures where a proposed severance has potential
to impact in natural heritage areas of alteration to a
shoreline.
Contact your local area
conservation authority
or the Ministry of Natural
Resources office.
PERMISSION TO TAKE WATER
Permit to Take Water
Required when more than 50,000 litres of water a day
(Ontario Water Resources for wells or surface water supply are proposed to be
Act)
taken.
10 fundamentals approval process LISTS AND TEMPLATES
Contact your local
Ministry of the
Environment office.
6
Appendix 6
COMPONENTS OF A COMPLETE APPLICATION
(O. Reg. 197/96)
The consent-granting authority can require all of the information below from the applicant as part of
a complete application for consent.
MATERIALS
INFORMATION TO BE SUBMITTED (O. REG. 197/96, SCHEDULE I)
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.
2.
The date of the application.
3.
The type and purpose of the proposed transaction (for example, a transfer for the
creation of a new lot, a lot addition, an easement, a charge, a lease or a correction of
title)
4.
If known, the name of the person to whom the land or an interest in the land is to be
transferred, charged or leased
5.
A description of the subject land, including such information as the municipality, or the
geographic township in unorganized territory, concession and lot numbers, registered
plan and lot numbers, reference plan and part numbers, and street names and numbers.
6.
Whether there are any easements or restrictive covenants affecting the subject land.
7.
If the answer to 6) is yes, a description of each easement or covenant and its effect.
8.
For the land intended to be severed:
a. The frontage, depth and area, in metric units;
b. The existing and proposed uses of the land;
d. Whether access to the land will be,
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;
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
c. The existing and proposed buildings and structures on the land;
11
MATERIALS
e. If access to the land will be by water only, the parking and docking facilities to
be used and the approximate distance of these facilities from the land and the
nearest public road;
f. Whether water will be provided 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; and
g. Whether sewage disposal will be provided by a publicly owned and operated
sanitary sewage system, a privately owned and operated individual or communal
septic system, a privy or other means.
9.
For the land intended to be retained:
a. The frontage, depth and area, in metric units;
b. The existing and proposed uses of the land;
c. The existing and proposed buildings and structures on the land;
d. Whether access to the land will be,
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;
e. If access to the land will be by water only, the parking and docking facilities to
be used and the approximate distance of these facilities from the land and the
nearest public road;
f. Whether water will be provided 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; and
g. Whether sewage disposal will be provided by a publicly owned and operated
sanitary sewage system, a privately owned and operated individual or communal
septic system, a privy or other means.
Processing Consent Applications
The current designation of the subject land in the applicable official plan
The following information if known by the applicant:
a. Whether the subject land has ever been the subject of an application for approval
of a plan of subdivision under section 51 of the Act or a consent under section 53 of
the Act; and
b. If the answer to (a) is yes, the file number of the application and the status of the
application.
Whether any land has been severed from the parcel originally acquired by the owner of
the subject land.
If the answer to 12) is yes, the date of the transfer, the name of the transferee and the
uses of the severed land.
The following information if known by the applicant:
a. Whether the subject land is the subject of any other application under the Act,
such as an application for an amendment to an official plan, a zoning by-law or a
Minister’s zoning order, an application for a minor variance or an application for an
approval of a plan of subdivision or a consent; and
12 fundamentals approval process LISTS AND TEMPLATES
MATERIALS
b. If the answer to (a) is yes, the file number of the application and the status of the
application.
Whether the application is consistent with policy statements issued under subsection 3(1)
of the Act.
Whether the subject land is within an area of land designated under any provincial
plan(s).
If the answer to 16) is yes, whether the application conforms to or does not conflict with
the applicable provincial plan(s).
If the applicant is not the owner of the subject land, the owner’s written authorization to
the applicant to make the application.
An affidavit or sworn declaration by the applicant that the information required under
this Schedule and provided by the applicant is accurate.
SKETCH REQUIREMENTS
A sketch is submitted as part of the application showing the following, in metric units:
a. The boundaries and dimensions of any land abutting the subject land that is owned
by the owner of the subject land;
b. The approximate distance between the subject land and the nearest township lot
line or landmark such as a bridge or railway crossing;
c. The boundaries and dimensions of the subject land, the part that is intended to be
severed and the part that is intended to be retained;
d. The location of all land previously severed from the parcel originally acquired by
the current owner of the subject land;
e. The approximate location of all natural and artificial features (for example,
buildings, railways, roads, watercourses, drainage ditches, banks of rivers or
streams, wetlands, wooded areas, wells and septic tanks) that,
i) are located on the subject land and on land that is adjacent to it, and
ii) in the applicant’s opinion, may affect the application;
f. The current uses of land that is adjacent to the subject land (for example,
residential, agricultural or commercial);
g. The location, width and name of any roads within or abutting the subject land,
indicating whether it is an unopened road allowance, a publicly travelled road, a
private road or a right of way;
h. If access to the subject land will be by water only, the location of the parking and
boat docking facilities to be used; and
OFFICIAL PLAN REQUIREMENTS
Any information (e.g., reports or studies) required by your official plan(s).
APPLICATION FEES
Application fees in the amount indicated in your local tariff of fees.
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
i. The location and nature of any easement affecting the subject land.
13
7
Appendix 7
POSSIBLE FORMAT OF A LETTER ACKNOWLEDGING THE
RECEIPT OF A COMPLETE APPLICATION
(insert letterhead)
_________, 20___
Subject: File No.:
Address:
Municipality:
Legal Description:
_____________
_____________
_____________
_____________
Dear Sir/Madam,
This letter is to acknowledge receipt of the information dated _____, 20__ and to
advise that the application for consent has been determined to be complete
in accordance with the Planning Act.
The (enter name of the consent-granting authority) will begin processing the
application as soon as possible. You will be advised of the date set by (enter
name of the consent-granting authority) to consider your application as soon as it
is set.
Should you have any questions or concerns, do not hesitate to contact our
office.
Sincerely,
Processing Consent Applications
______________
(consent-granting authority designate)
14 fundamentals approval process LISTS AND TEMPLATES
8
Appendix 8
CONTENT REQUIREMENTS OF A NOTICE OF APPLICATION
[O. Reg. 197/96, SS. 3(13)-(14)]
CONTENT REQUIREMENTS
FOR ALL METHODS OF GIVING NOTICE
(EXCEPT BY POSTING ON THE PROPERTY)
FOR GIVING NOTICE BY POSTING ON THE
PROPERTY
An explanation of the purpose and effect
of the application
An explanation of the purpose and
effect of the application
A description of the subject land, a key
map showing the subject land, or an
explanation why no description or key map
is provided
Where and when additional information
and material regarding the application
will be available to the public for
inspection
Where and when additional information
and material regarding the application will
be available to the public for inspection
How to obtain a copy of the notice of
the application
The statement: “If a person or public body
that files an appeal of a decision of (enter
name of the consent-granting authority) in
respect of the proposed consent does not
make written submissions to (enter name
of the consent-granting authority) before
it gives or refuses to give a provisional
consent, the Ontario Municipal Board may
dismiss the appeal.”
Processing Consent Applications
The statement: “If you wish to be notified
of the decision of (enter name of the
consent-granting authority) in respect of
the proposed consent, you must make a
written request to (enter name and address
of the consent-granting authority).”
The statement (if applicable) informing
that the subject land is the subject of an
application under the Planning Act for a
minor variance or an amendment to an
official plan, a zoning by-law or a Minister’s
zoning order
fundamentals
approval process LISTS AND TEMPLATES
15
POSSIBLE FORMAT OF A NOTICE OF APPLICATION FOR
LOT SEVERANCE
NOTICE OF A CONSENT APPLICATION (AND PUBLIC MEETING)
(insert letterhead)
The (enter name of the consent-granting authority) is in receipt of a consent
application, for lands located at (enter municipal address), as shown on the
map below.
(Time and Location of the Public Meeting)
(Date:
________, 20__)
(Time:
__:__)
(Location: ________)
PURPOSE AND EFFECT OF THE PROPOSED APPLICATION
The subject land is located (east/west) of (enter name of road) and (north/south)
of (enter name of road), in (enter name of community). The proposed severed
parcel(s) has a frontage(s) of ___m on (enter name of road) and area(s) of ____
m2. The proposed retained parcel has a frontage of ___m on (enter name of
road) and an area of ____m2. The proposed severed parcel(s) is to be used for
______. The proposed retained parcel is to be used for ______. See map below.
Processing Consent Applications
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), File Number(s) ___________.
NOTES REGARDING YOUR RIGHTS
If a person or public body that files an appeal of a decision of (enter name
of the consent-granting authority) in respect of the proposed consent does
not make written submissions to (enter name of the consent-granting authority)
before it gives or refuses to give a provisional consent, the Ontario Municipal
Board may dismiss the appeal.
If you wish to be notified of the decision of (enter name of the consent-granting
authority) in respect of the proposed consent, you must make a written request
to (enter name and address of the consent-granting authority).
16 fundamentals approval process LISTS AND TEMPLATES
FOR MORE INFORMATION
Additional information is available for inspection at the municipal office
by contacting __________ at ___-___-____ or by e-mail at ________@_____.__
quoting File Number ________.
SUBJECT PROPERTY
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
17
9
Appendix 9
PERSONS AND PUBLIC BODIES TO WHOM A NOTICE OF
APPLICATION MUST BE GIVEN
(O. Reg. 197/96, s. 3)
PERSONS OR PUBLIC BODIES TO WHOM
NOTICE MUST BE GIVEN
METHOD
*
a) Every landowner within 60m of the subject
land (see below for details)
b) At every separately assessed property within
the subject application, or, if this is impractical,
at a nearby location chosen by the official
**
Processing Consent Applications
**
*
Ordinary mail or
Personal service
ATTACH
O. REG.
COPY OF
197/96
APPLICATION?
s. 3(3)
Physical posting
that is clearly
legible from a
place where
the public has
access
OR
In a newspaper that in the official’s
opinion
is of sufficient circulation in the area that it
would give the public in the area reasonable
notice of the application
Newspaper
advertisement
Every person or public body that has given the
consent-granting authority a written request for
notice
Ordinary mail;
Personal service;
or Fax
s. 3(8)
The clerk of every local municipality in which
the subject land is located, or the secretarytreasurer of every municipal planning authority
or planning board in whose planning area the
subject land is located
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 1
The clerk of every upper-tier municipality in
which the subject land is located
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 2
Ordinary mail;
The secretary-treasurer of a conservation
authority in whose jurisdiction the subject land is Personal service;
or Fax
located, if applicable
s. 3(9),
para 3
Ordinary mail;
Every propane operator of a propane
Personal service;
operation, if any part of the propane
or Fax
operation’s hazard distance is within the subject
land, and the consent-granting 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
s. 3(9),
para 3.1
**
( ) and (
) indicate further definitions on page 78
18 fundamentals approval process LISTS AND TEMPLATES
s. 3(6)
PERSONS OR PUBLIC BODIES TO WHOM
NOTICE MUST BE GIVEN
METHOD
ATTACH
O. REG.
COPY OF
197/96
APPLICATION?
TransCanada PipeLines Limited, if any of the
subject land is within 200m of a pipeline owned
and operated by TransCanada PipeLines
Limited
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 4
If any of the subject land is within 300m of a
railway line, the secretary of the company
operating the railway line
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 5
If any of the subject land is within or abuts the
area covered by the Niagara Escarpment
Plan, the Senior Planner of the district office of
the Niagara Escarpment Commission having
jurisdiction over that land or the area that it
abuts, as the case may be
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 6
The Niagara Parks Commission, if any of the
subject land adjoins the Niagara Parkway or is
in the jurisdiction of the Niagara Parks
Commission
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 7
The St. Lawrence Parks Commission, if any of the Ordinary mail;
Personal service;
subject land adjoins the 1000 Islands Parkway
or Fax
and is within the jurisdiction of the St. Lawrence
Parks Commission under section 9 of the St.
Lawrence Parks Commission Act
s. 3(9),
para 8
Parks Canada, if any of the subject lands
adjoins a historic site, park or historic canal
under the jurisdiction of Parks Canada
s. 3(9),
para 9
Ordinary mail;
Personal service;
or Fax
s. 3(9),
para 10
The regional director of the Ministry of Municipal Ordinary mail;
Personal service;
Affairs and Housing Municipal Services Office
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 consent-granting authority a
written request to be given such notices
s. 3(10)
NOTE: There will likely be other local/regional/provincial bodies that a consent-granting authority
should consider providing notice to in order to ensure a comprehensive and meaningful analysis of
the application. See Appendix 5 for a list of some potentially applicable additional public bodies.
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
The chief of every First Nation council, if the First Ordinary mail;
Nation is located on a reserve any part of which Personal service;
or Fax
is within one kilometre of the subject land
19
*
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. However, if the consent-granting 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 60m 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?
CONSENT-GRANTING AUTHORITY
OFFICIAL
Council of the municipality
Committee of the Council
Land Division Committee
Clerk of the municipality
Clerk of the municipality
Secretary-Treasurer of the
land division committee
Secretary-Treasurer of the
Committee of Adjustment
Secretary-Treasurer of
the Municipal Planning
Authority
Secretary-Treasurer of
the Municipal Planning
Authority
Clerk of the municipality
or Secretary-Treasurer of
the municipal planning
authority
Committee of Adjustment
Municipal Planning Authority
Processing Consent Applications
A committee of the Municipal
Planning Authority
Appointed Officer
20 fundamentals approval process LISTS AND TEMPLATES
10
Appendix 10
POSSIBLE FORMAT OF A PLANNING REPORT
File No.
Applicant:
Address:
Municipality:
Legal Description:
________________
________________
________________
________________
________________
________________
1. APPLICATION PURPOSE
(where there is a proposed lot severance)
The application proposes to sever a _____m2 parcel with a frontage of ____m,
retaining a ___m2 parcel with a frontage of ____m on (enter name of road).
The conveyed parcel will be developed for ___________. The retained parcel
will be developed for __________.
(where there is a proposed lot addition)
The application proposes to add a _____m2 parcel to the (north/east/west/
south) for a total frontage of ____m on (enter name of road) and an area of
____m2, retaining a ___m2 parcel with a frontage of ____m on (enter name of
road). The conveyed parcel will be developed for ___________. The retained
parcel will be developed for __________.
(where there is a proposed easement)
The application proposes to grant a ____ha easement over a ____m2
(residential/commercial/industrial) parcel in favour of _______ for ___________
(e.g., stormwater, utility, access).
(enter any other information related to the application purpose and background)
2. CONSISTENCY WITH THE PROVINCIAL POLICY STATEMENT
The application (is/is not) consistent with the Provincial Policy Statement.
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
Comments: -(enter comments - in addition to staff’s own analysis, reference to any applicable
agency or other comments should be provided)
21
3. CONFORMITY WITH ALL APPLICABLE PROVINCIAL PLANS
Comments: -(enter comments - in addition to staff’s own analysis, reference to any applicable
agency or other comments should be provided)
The application (conforms or does not conflict with/does not conform or conflicts
with) (enter name of the applicable provincial pIan)
4. CONFORMITY WITH THE OFFICIAL PLAN(S)
Designation: ____
Official Plan: _____
Comments: -(enter comments - in addition to staff’s own analysis, reference to any applicable
agency or other comments should be provided. If the application does not conform
to the official plan, provide an explanation. Is there an application for an official
plan amendment? If yes, what is the status of the application?)
The application (conforms/does not conform) to the policies of the (enter name
of the official plan).
5. COMPLIANCE WITH THE ZONING BY-LAW(S)
Zoning: ____
Zoning By-law: ________
Comments: -(enter comments - in addition to staff’s own analysis, reference should be made
to any applicable agency or other comments. If the application does not comply,
provide an explanation)
The application (complies/does not comply) with the requirements of the zoning
by-law.
Processing Consent Applications
6. COMPLIANCE WITH ANY SITE PLAN CONTROL AREA BY-LAW(S), AS
APPLICABLE
Comments: -(enter comments - is an application for site plan control required? Has an
application for site plan control been submitted? If a site plan control application
has been submitted, does the application comply with design principles and
approaches? (may be described in the official plan or available design guidelines))
22 fundamentals approval process LISTS AND TEMPLATES
7. APPLICATION OF BENEFITS UNDER THE COMMUNITY IMPROVEMENT
PROJECT AREA BY- LAW, AS APPLICABLE
Community Improvement Plan Area: -Comments: -(enter comments - identify any benefits the applicant may be able to obtain from
the municipality for the proposed development)
8. COMMUNITY AND CONSULTATION
Agency Comments: -(enter agency comments - provide a summary of comments from circulation to
departments, agencies, utilities, etc., and how they could potentially be addressed)
Comments from Residents: -(enter comments from residents - provide a summary of comments received
from the public and/or at the public meeting and how they could potentially be
addressed)
9. OTHER
Comments: -(enter other comments - provide a summary of any documents submitted that have
not been mentioned elsewhere)
10. RECOMMENDATION
The subject application is recommended to be (approved subject to the
conditions as attached / refused).
ATTACHMENTS:
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
A.Map showing applicable official plan, zoning by-law and any provincial
plan designations/zones
B. Draft reference plan
C.Other plans (elevation plans, grading plans, concept plans, etc.)
D.Draft conditions
E. Copies of written submissions
23
SAMPLE CONDITIONS FOR A PROVISIONAL CONSENT
NOTE: Other conditions may be imposed to address matters raised by the municipality,
circulated agencies and the public.
GENERAL
▶▶ That the applicant deposit a Reference Plan of Survey in the
Land Registry Office clearly delineating the parcels of land
approved by (enter name of the consent-granting authority)
in this decision. A listing of the parts and their respective areas
is required. (enter number of copies) copies of the deposited
Reference Plan are to be submitted.
TAXES
▶▶ That prior to final approval by the (enter name of the consentgranting authority), the owner provide confirmation of payment
of all outstanding taxes.
HIGHWAYS/ROADS
▶▶ That (identify land), to widen (enter name of road/highway)
be dedicated as a public highway.
PARKLAND
Processing Consent Applications
▶▶ That the owner convey (enter percent conveyed: up to 5% for
residential, up to 2% for commercial/industrial) of the land
included in the plan to the (enter name of the municipality) for
park purposes.
SERVICING
▶▶ That such easements as may be required for utility or drainage
purposes shall be granted to the appropriate authority.
ZONING
▶▶ That prior to final approval by the (enter name of the consentgranting authority), we are advised by (enter name of the
applicable municipality) that the appropriate zoning is in place.
24 fundamentals approval process LISTS AND TEMPLATES
11
Appendix 11
CONTENT REQUIREMENTS OF A NOTICE OF DECISION
[O. Reg. 197/96, s. 6(1)]
CONTENT CHECKLIST:
A copy of the decision, including any conditions
The last date for appeal
A statement that the notice of appeal must be filed with the
consent-granting authority, must set out the reasons for the appeal
and must be accompanied by the fee required by the Ontario
Municipal Board
A statement: “Only individuals, corporations and public bodies may
appeal decisions in respect of applications for the consent 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.”
(if applicable) A statement providing the file numbers of other
applications that the subject property is also subject to under the
Planning Act (e.g., minor variance or an amendment to an official
plan, a zoning by-law or a Minister’s zoning order).
(if applicable) A statement: “You will be entitled to receive notice of
any changes to the conditions of the provisional consent if you have
made a written request to be notified of changes to the conditions
of the provisional consent”.
THIS NOTICE MUST BE SENT BY ORDINARY MAIL, PERSONAL SERVICE OR
FAX TO:
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
▶▶ The applicant
▶▶ Each person or public body that made a written request to be notified of the
decision or conditions
▶▶ The Minister of Municipal Affairs and Housing, if the Minister has notified the
council that he or she wishes to receive a copy of all decisions made to give
a provisional consent; and
▶▶ The Regional Director of the Ministry of Municipal Affairs and Housing
Municipal Services Office responsible for the region where the subject land is
located, if the Regional Director has given a written request to be notified of
such decision [Planning Act, s. 53(17), O. Reg. 197/96, s. 6(2)]
25
POSSIBLE FORMAT FOR A NOTICE OF DECISION
(PROVISIONAL CONSENT)
NOTICE OF DECISION
(Section 53 of the Planning Act)
_________, 20___
Subject: Notice of Decision on Application for Consent
Address:
_____________
Owner:
_____________
Municipality: _____________
File No. :
_____________
Dear Sir/Madam,
Pursuant to section 53 of the Planning Act, (a provisional consent has been
granted on the above application / the above application was refused). Please find
enclosed a copy of the decision.
The last date for appeal is (enter date of this letter + 20 days). If by this date, no
notice of appeal is received, the decision of the (enter name of the consentgranting authority) is final and binding.
Processing Consent Applications
The (enter name of the consent-granting authority) may, prior to the lapsing
date, change a condition(s) of consent. You will be entitled to receive notice
of any changes to the conditions of the provisional consent if you have made
a written request to be notified of changes to the conditions of the provisional
consent. The process of changing a condition will involve another twenty
day appeal period, unless the (enter name of the consent-granting authority)
considers the change to be minor.
Any person or public body may appeal to the Ontario Municipal Board against
the decision of the (enter name of the consent-granting authority), or any
conditions imposed by the (enter name of the consent-granting authority), by
sending a letter outlining the reasons for the appeal to the (municipal clerk /
secretary treasurer), accompanied by a filing fee of $125.00 as required by the
Ontario Municipal Board. The fee must be paid by certified cheque or money
order, in Canadian funds, payable to the Minister of Finance.
26 fundamentals approval process LISTS AND TEMPLATES
The application and associated files are available for public viewing Monday
to Friday, _:__a.m. to _:__p.m. at ___________.
The land is also the subject of (enter minor variance/zoning by-law amendment/
official plan amendment) application(s), file nos. ___________.
Sincerely,
_________________
(consent-granting authority designate)
SUBJECT PROPERTY
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
27
ATTACHMENT A
Processing Consent Applications
(insert copy of the decision)
28 fundamentals approval process LISTS AND TEMPLATES
12
Appendix 12
SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NOTICE OF
DECISION HAS BEEN GIVEN
[Planning Act, s. 53(22)]
I ______________________ of the _______________________________________________
(name of employee)
(municipality or planning board)
in the _______________________________________________________________________
(name of/county/region/district/province)
solemnly declare that the requirements for giving notice under subsection
53(17) 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:
_____________________ in the ____________________
(name of municipality)
(Region/County/District of)
this _____ day of __________, _______.
(month)
(year)
____________________
____________________
(employee)
(Commissioner of Oaths)
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
29
13
Appendix 13
SAMPLE AFFADAVIT OR SWORN DECLARATION THAT NO
NOTICES OF APPEAL (OF THE DECISION) WERE RECEIVED
WITHIN THE APPEAL PERIOD
[Planning Act, s. 53(22)]
I ______________________ of the __________________________________________
(name of employee)
(municipality or planning board)
in the __________________________________________________________________
(name of/county/region/district/province)
solemnly declare that no notices of appeal were filed within the appeal period
under subection 53(19) 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.
Declared before me at:
_____________________ in the ___________________
(name of municipality)
(Region/County/District of)
this _____ day of __________, ____.
(month)
(year)
____________________
(employee)
____________________
Processing Consent Applications
(Commissioner of Oaths)
30 fundamentals approval process LISTS AND TEMPLATES
14
Appendix 14
CONTENT REQUIREMENTS OF A NOTICE OF CHANGE OF
CONDITIONS FOR CHANGES THAT ARE NOT MINOR
[O. Reg. 197/96, s. 7(1)]
CONTENT CHECKLIST:
The proposed changed conditions
The last date for filing a notice of appeal of the conditions
A statement that the notice of appeal must be filed with the
consent-granting authority, setting out the reasons for the appeal
and must be accompanied by the fee required by the Ontario
Municipal Board
The statement: “Only individuals, corporations and public bodies
may appeal decisions in respect of applications for consent 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.”
THIS NOTICE MUST BE SENT BY ORDINARY MAIL, PERSONAL SERVICE OR
FAX TO:
[Planning Act, s. 53(24), O. Reg. 197/96, s. 7(2)]
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
▶▶ The applicant;
▶▶ Each person or public body who wrote a request to be informed of
changes to the conditions;
▶▶ The Minister of Municipal Affairs and Housing, if the Minister has
notified the council that he or she wishes to receive a copy of the
changes of conditions; and
▶▶ The Regional Director of the Ministry of Municipal Affairs and Housing
Municipal Services Office responsible for the region where the
subject land is located, if the Regional Director has given a written
request to be notified of such changes
31
POSSIBLE FORMAT FOR A NOTICE OF CHANGES TO CONDITIONS
(insert letterhead)
NOTICE OF CHANGES TO CONDITIONS
Subsection 53(24) of the Planning Act
File No.:
Owner(s):
Agent:
Property Address:
Legal Description:
Zoning:
_____________________
_____________________
_____________________
_____________________
_____________________
_____________________
CHANGES TO CONDITIONS
Conditions for the above application have been revised and are attached as Attachment 1.
LAST DATE OF APPEAL TO THE ONTARIO MUNICIPAL BOARD: ______, 20__
To appeal this decision to the Ontario Municipal Board, send a letter outlining the reasons
for the appeal to the (municipal clerk / secretary-treasurer), accompanied by a filing fee
of $125.00 as required by the Ontario Municipal Board. The fee must be paid by certified
cheque or money order, in Canadian funds, payable to the Minister of Finance.
Only individuals, corporations and public bodies may appeal decisions in respect of
applications for consent 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.
Processing Consent Applications
Sincerely,
__________________
(consent-granting authority designate)
32 fundamentals approval process LISTS AND TEMPLATES
ATTACHMENT 1
(insert changed conditions)
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
33
15
Appendix 15
SAMPLE AFFIDAVIT OR SWORN DECLARATION THAT NOTICE OF
CHANGES TO CONDITIONS HAS BEEN GIVEN
[Planning Act, s. 53(22)]
I ______________________ of the __________________________________________
(name of employee)
(municipality or planning board)
in the __________________________________________________________________
(name of/county/region/district/province)
solemnly declare that the requirements for giving notice under subsection
53(24) 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:
_____________________ in the ___________________
(name of municipality)
(Region/County/District of)
this _____ day of __________, ____.
(month)
(year)
____________________
Processing Consent Applications
(Commissioner of Oaths)
34 fundamentals approval process LISTS AND TEMPLATES
____________________
(employee)
16
Appendix 16
SAMPLE AFFADAVIT OR SWORN DECLARATION THAT NO
NOTICES OF APPEAL (OF THE CHANGE OF CONDITIONS) WERE
RECEIVED
[Planning Act, s. 53(22)]
I ______________________ of the __________________________________________
(name of employee)
(municipality or planning board)
in the __________________________________________________________________
(name of/county/region/district/province)
solemnly declare that no notices of appeal were filed within the appeal period
under subsection 53(27) 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.
Declared before me at:
_____________________ in the ___________________
(name of municipality)
(Region/County/District of)
this _____ day of __________, ____.
(month)
(year)
____________________
____________________
(employee)
(Commissioner of Oaths)
Processing Consent Applications
fundamentals
approval process LISTS AND TEMPLATES
35
36 fundamentals approval process LISTS AND TEMPLATES
17
Appendix 17
*
*
(s. 53(14) of
the Planning
Act)
Failure to
make a
decision
All other
types of
appeals
TYPE OF APPEAL
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.
Filing fee for the Ontario Municipal Board
FILING FEE
Copy of any planning report considered by the consent-granting authority
If a public meeting is held, a copy of the minutes, if any, and a list of all persons and public bodies that made
oral submissions
If the consent-granting authority gave notice of application, an affidavit or sworn declaration from an
employee of the consent-granting authority certifying that requirements for giving notice of decision and/or
changed conditions (ss. 53(17) and (24) of the Planning Act) have been complied with
A statement by an employee of the consent-granting authority as to whether the decision on the application:
i. is consistent with the Provincial Policy Statement, 2005
ii. conforms to or does not conflict with any applicable provincial plans
iii. conforms to the official plan of the consent-granting authority
If the consent-granting authority requested a local municipality to give notice of application, an affidavit or
sworn declaration of an employee at the local municipality that the requirements for giving notice under s. 53(5)
(a) of the Planning Act have been complied with
Original or copy of all written submissions and comments received
Original or certified copy of the notice of appeal and the date it was received
Copy of the decision of the consent-granting authority
Original or certified copy of the application received by the consent-granting authority (this includes all the
information and material comprising the complete application)
RECORD OF THE APPLICATION
MATERIALS TO BE FORWARDED TO THE APPEAL BODY
(O. Reg. 197/96, ss. 5 and 8)
MATERIALS TO BE FORWARDED TO THE ONTARIO MUNICIPAL
BOARD OR LOCAL APPEAL BODY WHEN THERE IS AN APPEAL
Processing Consent Applications
Ontario Municipal Board’s Municipal Submission Form
In addition, the Ontario Municipal Board has a Municipal Submission Form
for the consent-granting authority to fill out when forwarding a notice 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 Consent option.
MUNICIPAL SUBMISSION FORM (R4)
PLANNING ACT
Environment and Land Tribunals Ontario
Ontario Municipal Board
655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5
TEL: (416) 212-6349 or Toll Free: 1-866-448-2248
FAX: (416) 326-5370
www.elto.gov.on.ca
CONSENT/SEVERANCE
Reference Number (OMB Office Use Only):
Material and information is to be forwarded to the Ontario Municipal Board by the Approval Authority within 15 days after
the last day for filing a notice of appeal under the following subsections of the Planning Act, R.S.O. 1990, c. P. 13, as
amended. Please check the section of the Act under which the appeal(s) have been filed. Please print clearly
throughout the submission form.
Part 1: Appeal Type (Please check only one box)
SUBJECT OF APPEAL
TYPE OF APPEAL
PLANNING ACT
REFERENCE
(SECTION)
Appeal against a decision to approve or refuse the application
Consent/Severance
53(19)
Appeal conditions imposed
Appeal against changed conditions
53(27)
Application for consent – Approval Authority failed to make a decision
on the application within 90 days
53(14)
Municipality: ____________________________________________ Municipal File Number: B-____________________
Upper Tier:
_______________________________________________________________________________________
Approval Authority (if different than above): _____________________________________________________________
Part 2: Approval Authority Contact Information
First Name: _________________________________________ Last Name:__________________________________________________
Professional Title ________________________________________________________________________________________________
Processing Consent Applications
E-mail Address: _________________________________________________________________________________________________
By providing an e-mail address you agree to receive communications from the OMB by e-mail.
Telephone #:__________________________ext.____________ Fax #: _____________________________________________________
Mailing Address: ________________________________________________________________________________________________
Street Address
City/Town
________________________________________________________________________________________________
Province
Postal Code
Part 3: Location Information
___________________________________________________________________________________________________
Address and/or Legal Description of property subject to the appeal:
Part 4: Related Matters
(a)
Is this consent appeal connected with a variance application or by-law amendment? YES
NO
If yes, has a decision on the variance/by-law been appealed to the Board?
NO
YES
Variance submission: A- ______________________________ O.M.B. File No.: ___________________________
By-law Amendment No. _______________________________ O.M.B. File No.: ____________________________
(b)
Other matters at municipality or Board or required to be filed?:____________________________________________
R4 Revised April 2010
Page 1 of 3
fundamentals
approval process LISTS AND TEMPLATES
37
18
Appendix 18
LEGISLATED FORMAT FOR CERTIFICATES OF OFFICIAL
(O. Reg. 197/96, Schedule I)
FORM 1
This certificate may be used as a stamp on a legal instrument (a transfer or charge
document that is provided by the applicant)
CERTIFICATE OF OFFICIAL
Planning Act
Under subsection 53(42) of the Planning Act, I certify that the consent of the
............................................................................ of the ................ of .............................................
(consent-granting authority)
was given on ......................., 20...... to the transaction to which this instrument relates.
Dated this ...... day of ........... , 20....
..................................
(official)
FORM 2
This certificate may be used as a stand-alone paper certificate in the absence of any legal
instrument provided by the applicant
CERTIFICATE OF OFFICIAL
Planning Act
Under subsection 53(42) of the Planning Act, I certify that the consent of the
Processing Consent Applications
............................................................... of the ........................... of .................................. was
(consent-granting authority)
given on ............, 20....... to a .......................................................................................................
(type of transaction, e.g., conveyance, mortage)
of the following land: .....................................................................................................................
(legal description of the parcel of land that is the subject of the consent)
.........................................
Dated this ...... day of ........... , 20....
38 fundamentals approval process LISTS AND TEMPLATES
(official)
FORM 3
This certificate may be used as a stamp on a legal instrument (e.g., transfer, charge) and
where approval of future conveyances of the same parcel of land is required.
CERTIFICATE OF OFFICIAL
Planning Act
Under subsection 53(42) of the Planning Act, I certify that the consent of the
.................................................... of the ................ of ...................... was given on ............., 20....
(consent-granting authority)
to the transaction to which this instrument relates.
Subsection ................................... of the Planning Act applies to any subsequent
(50(3) or (5), as the case may be)
conveyance of or transaction involving the parcel of land that is the subject of this
consent.
...................................
(official)
Dated this ...... day of ........... , 20....
FORM 4
This certificate may be used as a stand-alone paper certificate in the absence of any
legal instruments and where approval of future conveyances of the same parcel of land is
required.
CERTIFICATE OF OFFICIAL
Planning Act
Under subsection 53(42) of the Planning Act, I certify that the consent of the
........................................... of the ................. of ............................... was given on .............., 20....
(consent-granting authority)
to a .....................................................................................................................................................
(type of transaction, e.g., conveyance, mortage)
Subsection ................................... of the Planning Act applies to any subsequent
(50(3) or (5), as the case may be)
conveyance or transaction involving the parcel of land that is the subject of this consent.
........................................
(official)
Dated this ...... day of ........... , 20....
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
of the following land: ........................................................................................................................
(legal description of the parcel of land that is the subject of the consent)
39
19
Appendix 19
POSSIBLE FORMATS FOR A VALIDATION CERTIFICATE
Where authority is delegated to a designated officer:
VALIDATION CERTIFICATE
Under subsection 57(1) of the Planning Act, the (name of planning board/council of name
of the municipality) provides that the contravention of section 50 or a predecessor of it or
of a by-law passed under a predecessor of section 50 or of an order made under clause
27 (1)(b), as it read on the 25th day of June, 1970, of the Planning Act, being chapter 296
of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have and shall be
deemed never to have had the effect of preventing the conveyance of or creation of
any interest in the following parcel of land:
(enter legal description)
Dated this ........th day of .................., 20.......
........................................
(designated officer)
Where authority is NOT delegated to a designated officer:
Processing Consent Applications
VALIDATION CERTIFICATE
In accordance with the decision of the ................................. dated ......................., 20.......
and subsection 57(1) of the Planning Act, the contravention of section 50 or a predecessor
of it or of a by-law passed under a predecessor of section 50 or of an order made under
clause 27 (1)(b), as it read on the 25th day of June, 1970, of the Planning Act, being
chapter 296 of the Revised Statutes of Ontario, 1960, or a predecessor of it does not have
and shall be deemed never to have had the effect of preventing the conveyance of or
creation of any interest in the following parcel of land:
(enter legal description)
.........................................
(title)
40 fundamentals approval process LISTS AND TEMPLATES
20
Appendix 20
LAND REGISTRY OFFICE LOCATIONS
Kenora
NORTHWESTERN DISTRICT
Rainy River
Thunder Bay
Land Registry Office No. 48
353 Church Street
Fort Frances ON P9A 1C9
Tel: (807) 274-5451
Fax: (807) 274-1704
Land Registry Office No. 55
189 Red River Road, Suite 201
Thunder Bay ON P7B 1A2
Tel: (807) 343-7436
Fax: (807) 343-7439
Algoma
NORTHEASTERN DISTRICT
Cochrane
Manitoulin
Nipissing
Parry Sound
Sudbury
EASTERN DISTRICT
Frontenac
Glengarry
Land Registry Office No. 23
220 Main Street South
Kenora ON P9N 1T2
Tel: (807) 468-2794
Fax: (807) 468-2796
Land Registry Office No. 1
420 Queen Street East
Sault Ste. Marie ON P6A 1Z7
Tel: (705) 253-8887
Fax: (705) 253-9245
Land Registry Office No. 36
Court House
360 Plouffe Street
North Bay ON P1B 9L5
Tel: (705) 474-2270
Fax: (705) 495-8511
Land Registry Office No. 6
143-4th Avenue (Court House)
PO Box 580
Cochrane ON P0L 1C0
Tel: (705) 272-5791
Fax: (705) 272-2951
Land Registry Office No. 42
28 Miller Street
Parry Sound ON P2A 1T1
Tel: (705) 746-5816
Fax: (705) 746-6517
Land Registry Office No. 31
27 Phipps Street
P.O. Box 619
Gore Bay ON P0P 1H0
Tel: (705) 282-2442
Fax: (705) 282-2131
Land Registry Office No. 53
199 Larch Street, Suite 301
Sudbury ON P3E 5P9
Tel: (705) 564-4300
Fax: (705) 564-4148
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
Land Registry Office No. 13
1 Court Street
Kingston ON K7L 2N4
Tel: (613) 548-6767
Fax: (613) 548-6766
Land Registry Office No. 14
63 Kenyon Street West
P.O. Box 668
Alexandria ON K0C 1A0
Tel: (613) 525-1315
Fax: (613) 525-0509
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
Dundas
Land Registry Office No.8
8 - 5th Street West, PO Box 645
Morrisburg ON K0C 1X0
Tel: (613) 543-2583
Fax: (613) 543-4541
41
Grenville
Land Registry Office No. 15
499 Centre Street
P.O. Box 1660
Prescott ON K0E 1T0
Tel: (613) 925-3177
Fax: (613) 925-0302
Land Registry Office No. 19
12 Newcastle Street
Box 270
Minden ON K0M 2K0
Tel: (705) 286-1391
Fax: (705) 286-4324
Land Registry Office No. 21
199 Front Street, Suite 109
Century Place
Belleville ON K8N 5H5
Tel: (613) 968-4597
Fax: (613) 968-3606
Lanark
Leeds
Lennox
Northumberland
Ottawa-Carleton
Peterborough
Prescott
Prince Edward
Renfrew
Russell
Stormont
Victoria
Dufferin
CENTRAL DISTRICT
Durham
Halton
Land Registry Office No. 27
2 Industrial Drive
P.O. Box 1180
Almonte ON K0A 1A0
Tel: (613) 256-1577
Fax: (613) 256-0940
Land Registry Office No. 39
1005 Elgin St. West, Suite 105
Cobourg ON K9A 5J4
Tel: (905) 372-3813
Fax: (905) 372-4758
Land Registry Office No. 46
179 Main Street East
Hawkesbury ON K6A 1A1
Tel: (613) 636-0314
Fax: (613) 636-0772
Land Registry Office No. 50
1122 Concession Street
P.O. Box 10
Russell ON K4R 1C8
Tel: (613) 445-2138
Fax: (613) 445-0614
Processing Consent Applications
EASTERN DISTRICT (CONT’D)
Haliburton
Hastings
Land Registry Office No. 7
41 Broadway Avenue, Unit #7
Orangeville ON L9W 1J7
Tel: (519) 941-1481
Fax: (519) 941-6444
Land Registry Office No. 28
7 King St. West
Brockville ON K6V 3P7
Tel: (613) 345-5751
Fax: (613) 345-7390
Land Registry Office No. 4
Court House
161 Elgin Street 4th Floor
Ottawa ON K2P 2K1
Tel: (613) 239-1230
Fax: (613) 239-1422
Land Registry Office No. 47
1 Pitt Street
P.O. Box 1310
Picton ON K0K 2T0
Tel: (613) 476-3219
Fax: (613) 476-7908
Land Registry Office No. 52
127 Sydney Street
Cornwall ON K6H 3H1
Tel: (613) 932-4522
Fax: (613) 932-4524
Land Registry Office No. 40
590 Rossland Road East
Whitby ON L1N 9G5
Tel: (905) 665-4007
Fax: (905) 665-5247
42 fundamentals approval process LISTS AND TEMPLATES
Land Registry Office No. 29
7 Snow Road, Unit #2
Napanee ON K7R OA2
Tel: (613) 354-3751
Fax: (613) 354-1474
Land Registry Office No. 45
300 Water Street, 2nd Floor
P.O. Box 7000
Peterborough ON K9J 8M5
Tel: (705) 755-1342
Fax: (705) 755 1343
Land Registry Office No. 49
400 Pembroke Street East
Pembroke ON K8A 3K8
Tel: (613) 732-8331
Fax: (613) 732-0297
Land Registry Office No. 57
Provincial Court Building
440 Kent Street
West Lindsay ON K9V 6G8
Tel: (705) 324-4912
Fax: (705) 324-6290
Land Registry Office No. 20
2800 Highpoint Drive
2nd Floor
Milton ON L9T 6P4
Tel: (905) 864-3500
Fax: (905) 864-3549
Muskoka
Land Registry Office No. 35
15 Dominion Street,
Bracebridge ON P1L 2E7
Tel: (705) 645-4415
Fax: (705) 645-7826
CENTRAL DISTRICT (CONT’D)
Niagara North & South
Norfolk
Land Registry Office No. 30
(North) and No. 59 (South)
59 Church Street
St. Catharines ON L2R 3C3
Tel: (905) 684-6351
Fax: (905) 684-5874
Land Registry Office No. 37
Court House
50 Frederick Hobson VC Drive,
Suite 201
Simcoe ON N3Y 4K8
Tel: (519) 426-2216
Fax: (519) 426-9627
Peel
Simcoe
Toronto
Wentworth
York Region
Brant
WESTERN DISTRICT
Bruce
Elgin
Essex
Grey
Haldimand
Huron
Kent
Lambton
Land Registry Office No. 43
7765 Hurontario Street
Brampton ON L6W 4S8
Tel: (905) 874-4008
Fax: (905) 874-4012
Land Registry Office No. 62
119 King Street West 4th Floor
Hamilton ON L8P 4Y7
Tel: (905) 521-7561
Fax: (905) 521-7505
Land Registry Office No. 2
Court House
80 Wellington Street
Brantford ON N3T 2L9
Tel: (519) 752-8321
Fax: (519) 752-0273
Land Registry Office No. 22
38 North Street
Goderich ON N7A 2T4
Tel: (519) 524-9562
Fax: (519) 524-2482
Land Registry Office No. 64 &
66
20 Dundas Street West
Suite 420
Toronto ON M5G 2C2
Tel: (416) 314-4430
Fax: (416) 314-4453
Land Registry Office No. 65
50 Bloomington Road, 3rd Floor
Aurora, ON L4G 0L8
Tel: 905-713-7798
Fax: 905-713-7799
Land Registry Office No. 3
203 Cayley Street PO Box 1690
Walkerton ON N0G 2V0
Tel: (519) 881-2259
Fax: (519) 881-2322
Land Registry Office No. 16
1555 - 16th Street East
Suites 1 and 2
Owen Sound ON N4K 5N3
Tel: (519) 376-1637
Fax: (519) 376-1639
Land Registry Office No. 24
40 William Street North
Chatham ON N7M 4L2
Tel: (519) 352-5520
Fax: (519) 352-3222
Land Registry Office No. 11
1010 Talbot Street, Unit 36
St. Thomas, ON N5P 4N2
Tel: (519) 631-3015
Fax: (519) 631-8182
Land Registry Office No. 18
10 Echo Street West
PO Box 310
Cayuga ON N0A 1E0
Tel: (905) 772-3531
Fax: (905) 772-0105
Land Registry Office No. 25
Court House
700 Christina Street North
Suite 102
Sarnia ON N7V 3C2
Tel: (519) 337-2393
Fax: (519) 337-8371
fundamentals
approval process LISTS AND TEMPLATES
Processing Consent Applications
Land Registry Office No. 12
949 McDougall St., Suite 100
Windsor ON N9A 1L9
Tel: (519) 971-9980
Fax: (519) 971-9937
Land Registry Office No. 51
Court House
114 Worsley Street
Barrie ON L4M 1M1
Tel: (705) 725-7232
Fax: (705) 725-7246
43
Middlesex
Land Registry Office No. 33
100 Dundas Street
Ground Floor
London ON N6A 5B6
Tel: (519) 675-7600
Fax: (519) 675-7611
Waterloo
Land Registry Office No. 41
75 Graham Street
Woodstock ON N4S 6J8
Tel: (519) 537-6287
Fax: (519) 537-3107
Wellington
Land Registry Office No. 61
1 Stone Road West
Guelph ON N1G 4Y2
Tel: (519) 826-3372
Fax: (519) 826-3373
Processing Consent Applications
Land Registry Office No. 58
30 Duke Street West, 2nd Floor
Kitchener ON N2H 3W5
Tel: (519) 571-6043
Fax: (519) 571-6067
WESTERN DISTRICT (CONT’D)
Oxford
Perth
44 fundamentals approval process LISTS AND TEMPLATES
Land Registry Office No. 44
5 Huron Street
Stratford ON N5A 5S4
Tel: (519) 271-3343
Fax: (519) 271-2550
Disclaimer
This manual has been prepared for education and training purposes. It summarizes and
deals with complex matters. The manual 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 manual should not be relied on and should not be 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 manual. Although the manual
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 consent
application process.
Ministry of Municipal Affairs and Housing Municipal Services Offices
Northwestern
Suite 223, 435 James St S
Thunder Bay ON P7E 6S7
807-475-1651
Western
2nd Floor, 659 Exeter Rd
London ON N6E 1L3
519-873-4020
Northeastern
Suite 401, 159 Cedar St
Sudbury ON P3E 6A5
705-564-0120
Eastern
Rockwood House
8 Estate Lane
Kingston ON K7M 9A8
613-545-2100
Central
2nd Floor, 777 Bay St
Toronto ON M5G 2E5
416-585-6226
Understanding the Consent Application Process: Your Step-By-Step
Guide for Consent-Granting 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