THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 9-2001

A by-law to delegate the authority to approve plans of subdivision and condominium descriptions under Section 51.2(2) of the Planning Act.


WHEREAS the Planning Act, R.S.O. 1990, C.P.13, (hereinafter referred to as the "Act") as amended, confers the authority for approving plans of subdivision under section 51(5) of the Act upon the council of a regional municipality;

AND WHEREAS section 50(2) of the Condominium Act, R.S.O. 1990, C.C.26 as amended makes the provisions of section 51.2 of the Act applicable to the approval of condominium descriptions;

AND WHEREAS section 51.2(2) of the Act provides that a regional council may delegate to a constituent area municipality all or part of the authority to approve plans of subdivision in respect of land situate in the area municipality;

AND WHEREAS the Council of the Regional Corporation has by resolution on the 15th February, 2001 authorized the enactment of a by-law to delegate the authority to approve plans of subdivision and condominium descriptions under Section 51.2(2) of the Act;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

  1. That subject to section 2, the approval authority of the Regional Council under subsection 51(5) of the Act is hereby delegated to the Council of the Corporation of the Town of Caledon with respect to lands situated within the Town of Caledon to be effective on March 1, 2001, subject to the conditions set out in Schedule A attached.

  2. The approval authority delegated under section 1 shall apply to all applications and matters to which subsection 51(5) of the Act applies and for which applications were made on or after March 28, 1995 provided that any approval given or conditions imposed or procedures taken prior to March 1, 2001 with respect to any such application or matter shall continue to apply unless and until they are revoked, repealed, changed or modified by the delegated approval authority in accordance with the Act.


  3. Schedule A attached is hereby enacted and forms an integral part of this By-law.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 8th day of March, 2001.

B. Zeran
___________________________
Regional Clerk
E. Kolb
___________________________
Regional Chair


By-law Number 9-2001
SCHEDULE A

Conditions of Sub-delegation of Subdivision and Condominium Approval

  1. That the area municipality use the file numbers required by the Ministry of Municipal Affairs and Housing, starting with 21T-M97001 for plans of subdivision and 21CDM-M97001 for condominium descriptions. "M" denotes the municipality, i.e.: M for Mississauga, B for Brampton and C for Caledon. 97 denotes the last two digits of the year in which the plan was submitted and 001 indicates the sequential numbering of the applications.

  2. That the area municipality advise the Region of Peel Planning Department of all plans of subdivision and condominium descriptions submitted to it, including a copy of the application form, within 5 working days of the submission of the application to the area municipality.

  3. That where an application is withdrawn, the area municipality shall send notice in writing to the Regional Commissioner of Planning.

  4. That where an application is revised or altered, the area municipality shall send a copy of the revised or altered application to the Regional Commissioner of Planning.

  5. That where the area municipality gives draft approval or proposes to refuse to give draft approval to a draft plan or draft description, notice shall be given by the area municipality to the Regional Commissioner of Planning accompanied by a copy of the draft plan or draft description, the conditions imposed, or the reasons for refusal of approval.

  6. That where a plan or description is referred to the Ontario Municipal Board, the area municipality shall advise the Regional Commissioner of Planning.

  7. That the area municipality advise the Region before draft approving a plan or description, if it is proposed not to impose all conditions of draft approval requested by the Region, with sufficient notice to permit the proposed draft approval to be considered by Regional Council and by the area municipal council.

  8. That the area municipality collect Regional processing fees required for the consideration and processing of subdivision and condominium applications at the same time as the collection of its own processing fees, and to forward such fees to the Region when the applications are forwarded for comment.