Refreshing Update to the Ontario Planning Act Now In Force

  • April 14, 2022
  • Mark Giavedoni, Gowling WLG; Robert Jackson, Gowling WLG

On Jan. 1, 2022 amendments to the Ontario Planning Act were proclaimed.  As a result of these amendments, a good number of unfortunate traps have been done away with. 

A prominent feature of the Planning Act is that a conveyance in contravention of its subdivision control provisions is deemed to have no effect.  This is true regardless of whether the contravention is a true affront to the planning principles that the Planning Act is intended to address, or if the contravention is simply a technical error with no true planning implications.

With these new provisions under the Planning Act, property owners (and their lawyers) are able to save themselves a great deal of time and expense – both in correcting technical contraventions, and in avoiding convoluted conveyancing practices that are no longer necessary.

We discuss some of these new amendments below:

  1. Abutting properties no longer merge on the death of a joint tenant
  2. Purchasers may now apply for consent
  3. In-progress consent applications can be amended
  4. Time to satisfy conditions extended to two years
  5. Certificates can now be cancelled
  6. Retained parcels are now more easily dealt with
  7. "Part of building or structure" exemption is expanded to ancillary areas
  8. Validation certificates
  9. Simplification re condominiums