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Site Plan Control: New Regulation Under the Planning Act

Further to the passage of Bill 23, More Homes Built Faster, 2022, a new regulation was filed on August 9, 2023 under Section 41 of the Planning Act. Ontario Regulation (O. Reg.) 254/23: Prescribed Areas – Section 41 of the Act clarifies that projects with 10 or fewer residential units are not subject to site plan control, unless the projects falls within areas prescribed in the regulation. These areas include:

  1. Any area that is within 300 metres of a railway line other than a railway line set out in subsection (2).
  2. Any area that is within 120 metres of,
    i.  a wetland,
    ii. the shoreline of the Great Lakes-St. Lawrence River System,
    iii. an inland lake, or
    iv. a river or stream valley that has depressional features associated with a river or  stream, whether or not it contains a watercourse.
To read O. Reg. 254/23, click here
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