THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 6-1999

A by-law to provide for the exemption of Local Municipal Official Plan Amendments from Region of Peel approval.

 

WHEREAS pursuant to Sub-section 17(3) of the Planning Act R.S.O. 1990 (as amended), Regional Council is the approval authority for amendments to the Official Plans of the City of Mississauga, the City of Brampton and the Town of Caledon being local municipalities in the Region of Peel;

AND WHEREAS Sub-section 17(10) of the Planning Act provides that Regional Council may pass a by-law to exempt from approval any or all proposed Local Municipal Official Plan Amendments (LOPAs) upon the making of an authorization order by the Minister of Municipal Affairs and Housing;

AND WHEREAS Regional Council has requested and received the required Order under Sub-section 17(10) of the Planning Act from the Minister of Municipal Affairs and Housing authorizing Regional Council to enact such a by-law (the "Minister’s Order);

AND WHEREAS Sub-section 17(11) of the Planning Act provides that Regional Council may require that the exemption of any of the proposed Local Official Plan Amendments from Regional approval, be subject to such conditions as the Minister and Regional Council may provide in the by-law;

NOW THEREFORE, the Council of the Regional Municipality of Peel enacts as follows:

1. That all Local Official Plan Amendments adopted after the date upon which the Minister’s Order is received by the Council of:

  1. the City of Mississauga
  2. the City of Brampton
  3. the Town of Caledon

be exempt from approval of the Council of the Regional Municipality of Peel save and except those amendments that require an amendment to the Regional Official Plan in order for them to be in conformity with the Regional Official Plan as required by the Planning Act, provided that the amendments comply with the conditions for exemption set out in Schedule A attached. LOPAs that do not comply with such conditions of exemption are not exempted and must be submitted to the Region of Peel for approval.

  1. Schedule A attached to this by-law forms part of this by-law and is hereby enacted as such.

This By-law comes into force as of the [DATE], being the date upon which the Minister’s Order was received by The Regional Municipality of Peel. Recitals indicate that order has been received, therefore the date is known.

 

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 12th August, 1999.

 

 

___________________________

Regional Clerk

___________________________

Regional Chair

   

 

SCHEDULE "A" TO BY-LAW 6-1999

 

Conditions of Exemption

 

  1. That the Regional Commissioner of Planning has advised, that in his opinion the proposed amendment conforms with the Regional Official Plan (ROP), and that a Regional Official Plan Amendment (ROPA) is not required. Where proposed amendment does not conform, the LOPA is not exempted and will be forwarded to the Region for approval after the related ROPA comes into force.

2. That, in the expressed opinion of the Local Council, the LOPA has regard to the applicable Provincial Policy Statements issued under the Planning Act and conforms to Provincial Plans such as the Niagara Escarpment Plan and the Parkway Belt West Plan;

3. That the Local Municipal Clerk certify that the LOPA has been processed in accordance with all Planning Act requirements and all regulation requirements for notice, early consultation and decisions;

  1. That the Local Municipality shall not give notice of a Public Meeting for a LOPA until the Regional Commissioner of Planning has advised the Local Municipality whether or not a ROPA is required and the amendment shall not be considered by the Local Municipal Planning Committee or Council until the Regional Commissioner of Planning has provided regional comments and requirements.