Property Severance - Prohibition on No Fault Termination

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2210
Page Categories:	[Section 56 (RTA)], [Personal Use Application (LTB)]
Citation:	Property Severance - Prohibition on No Fault Termination, CLNP 2210, <https://rvt.link/5y>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2023/05/19

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

56 Where a rental unit becomes separately conveyable property due to a consent under section 53 of the Planning Act or a plan of subdivision under section 51 of that Act, a landlord may not give a notice under section 48 or 49 to a person who was a tenant of the rental unit at the time of the consent or approval. 2006, c. 17, s. 56.

Planning Act, R.S.O. 1990, c. P.13

51 (1), (2) Repealed: 2002, c. 17, Sched. B, s. 19 (1).

Minister is approval authority

(3) Except as otherwise provided in this section, the Minister is the approval authority for the purposes of this section and section 51.1. 1999, c. 12, Sched. M, s. 28 (1).

Deemed approval authority

(3.1) If the Minister has delegated any authority under this section to a council or planning board, in accordance with section 4, the council or planning board is deemed to be the approval authority in respect of the land to which the delegation applies for the purposes of this section and section 51.1. 2009, c. 33, Sched. 21, s. 10 (12).

Single-tier municipality

(4) If land is in a single-tier municipality that is not in a territorial district, the single-tier municipality is the approval authority for the purposes of this section and section 51.1, except as otherwise prescribed. 2002, c. 17, Sched. B, s. 19 (2).

Upper-tier municipality

(5) Subject to subsection (6), if land is in an upper-tier municipality with an approved official plan, the upper-tier municipality is the approval authority for the purposes of this section and section 51.1. 2002, c. 17, Sched. B, s. 19 (3).

...

(16) An owner of land or the owner’s agent duly authorized in writing may apply to the approval authority for approval of a plan of subdivision of the land or part of it. 1994, c. 23, s. 30.

(17) The applicant shall provide the approval authority with the prescribed information and material and as many copies as may be required by the approval authority of a draft plan of the proposed subdivision drawn to scale and showing,

(a) the boundaries of the land proposed to be subdivided, certified by an Ontario land surveyor;

(b) the locations, widths and names of the proposed highways within the proposed subdivision and of existing highways on which the proposed subdivision abuts;

(c) on a small key plan, on a scale of not less than one centimetre to 100 metres, all of the land adjacent to the proposed subdivision that is owned by the applicant or in which the applicant has an interest, every subdivision adjacent to the proposed subdivision and the relationship of the boundaries of the land to be subdivided to the boundaries of the township lot or other original grant of which the land forms the whole or part;

(d) the purpose for which the proposed lots are to be used;

(e) the existing uses of all adjoining lands;

(f) the approximate dimensions and layout of the proposed lots;

(f.1) if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units;

(g) natural and artificial features such as buildings or other structures or installations, railways, highways, watercourses, drainage ditches, wetlands and wooded areas within or adjacent to the land proposed to be subdivided;

(h) the availability and nature of domestic water supplies;

(i) the nature and porosity of the soil;

(j) existing contours or elevations as may be required to determine the grade of the highways and the drainage of the land proposed to be subdivided;

(k) the municipal services available or to be available to the land proposed to be subdivided; and

(l) the nature and extent of any restrictions affecting the land proposed to be subdivided, including restrictive covenants or easements. 1994, c. 23, s. 30; 1996, c. 4, s. 28 (3); 2016, c. 25, Sched. 4, s. 8 (1).

...

Consents
Definition
53 (0.1) In this section,

“provisional consent” means a consent given under subsection (1) in respect of which a certificate cannot be issued under subsection (42) because,

(a) the 20-day period mentioned in subsection (19) has not elapsed,

(b) any appeals under subsection (19) remain outstanding, or

(c) conditions have been imposed but have not been fulfilled. 2020, c. 34, Sched. 20, s. 2 (1).

Same

(1) An owner, chargee or purchaser of land, or such owner’s, chargee’s or purchaser’s agent duly authorized in writing, may apply for a consent as defined in subsection 50 (1) and the council or the Minister, as the case may be, may, subject to this section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 2021, c. 25, Sched. 24, s. 4 (1).

Same

(1.1) For the purposes of subsection (1), a purchaser of land is a person who has entered into an agreement of purchase and sale to acquire the land and who is authorized in the agreement of purchase and sale to make the application. 2021, c. 25, Sched. 24, s. 4 (1).