Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Lawyers, Stay in the Know: Updates to the Planning Act

Lawyers, Stay in the Know: Updates to the Planning Act

By:

Posted July 19, 2022

Changes to the Planning Act have come into force as of January 1st, 2022, and it’s important for lawyers to understand how these changes affect any given real estate transaction. The changes to the Act come as a result of more than two years of consultations with various stakeholders, including LAWPRO. Ray Leclair, Vice President Public Affairs at LAWPRO has said that these changes will save the public time and money, and, from LAWPRO’s point of view, they will reduce the pitfalls lawyers face in various real estate transactions.

Here is a summary of what LAWPRO has deemed as the key changes for lawyers to be aware of in the course of their real estate transactions:

Death of a joint tenant no longer causes abutting properties to merge

Under the new subsections 50(3)(a.1) & 50(5)(a.2), the death of one joint tenant no longer causes abutting properties to automatically merge. Upon the death of a joint tenant, properties may now be dealt with separately, so that complicated title arrangements will no longer be required.

Consent applications can be modified, and purchasers may now apply for consent

Historically, applicants did not have a statutory right to amend consent applications after they were filed. Applicants can now make a request to modify a consent application at any time before the consenting authority grants or denies the consent, pursuant to the updated section 53(4.2.1). In addition, purchasers, or their appointed agents, can now apply for a consent to sever land under section 53(1).

Two years to satisfy conditions

Pursuant to the updated section 53(41), applicants will now have two years to meet the conditions imposed when they obtain a consent to sever.

Certificate of Cancellation

Under the new section 53(45), a municipality may grant and provide property owners with a “certificate of cancellation” upon receiving an application to do so.

Consents for retained lands

The scenario previously addressed by the common law rule in the Acchione case has been addressed in section 53(4.2). Retained lands are now eligible for their own consent certificate upon request pursuant to sections 50(3)(b)(iii) & 50(5)(a)(iii). The applicant can now request a consent certificate for retained lands together with a certificate for consented lands.

“Part of building or structure” exemption broadened

Section 50(9) now allows for a part of property that is not in the building to be dealt with in compliance with the Act.

Expropriated energy line lands to abutting owners

Under section 50(3)(g), expropriated energy line lands may be reconveyed to the existing owner of abutting lands.

Phased Condominiums simplified

Land within a Condominium Plan is now an outlined exception, similar to a Registered Plan of Subdivision exception, pursuant to section 50(3)(b)(ii).

The amendments above have changed the way real estate transactions take place in Ontario, and LAWPRO has advised lawyers to review these amendments to avoid common pitfalls and problems. A summary of the key changes may also be found in Schedule 24 of the Supporting Recovery and Competitiveness Act, 2021, S.O. 2021, c. 25 – Bill 276.

This blog post was written by Daniella Sicoli-Zupo, a Partner in the Real Estate team.  She can be reached at 613-369-0378  or at daniella.sicoli-zupo@mannlawyers.com.

More Resources

Blog |
Business Law
By: 

Posted June 18, 2024

This is an update on my earlier blog posted in 2022 titled “New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming[...]
Blog |
Estate Litigation
By: 

Posted June 11, 2024

“For it is in giving that we receive.” –Francis of Assisi Many of us grew up hearing this mantra. Good people give back. Generous people[...]
Blog |
Real Estate
By: 
What is title? “Title” is a legal term for a person or company’s rights of ownership in a private property. This is different from a[...]
Blog |
Wills, Trusts and Estates, Business Law, Real Estate
By: 

Posted May 28, 2024

The recent announcement from the Federal Government regarding an increase in the capital gains inclusion rate for individuals, trusts, and corporations has sparked significant discussion.[...]
Blog |
Family Law
By: 
When couples part ways, the shared ownership of a matrimonial home often becomes a contentious issue. In Ontario, the law recognizes two forms of co-ownership:[...]
Blog |
Real Estate
By: 
If you are purchasing a home in Ontario, you likely know that you should retain a real estate lawyer to close the transaction for you.[...]
Daniella Sicoli-Zupo

Daniella Sicoli-Zupo

Since being called to the Bar of Ontario in 1995, I have practiced in the areas of family law, real estate law, and wills and estates. In 2005, I focused my practice primarily on assisting clients in the area of residential real estate law. Since 2012, I have also assisted clients with their commercial refinancing and worked with several builders, completing their land development work and sale transactions.  I truly enjoy seeing a development progress from vacant land to the finished project. I am a lifetime resident of Ottawa. I graduated from the University of Ottawa with a Bachelor of Arts degree in 1990 then obtained my law degree from the University of Western Ontario in 1993. I was called to the Bar of Ontario in 1995. I have sat as the Treasurer and Member of the Board of Directors for Villa Marconi Long Term Care Centre in Ottawa. I... Read More

Read More About Daniella Sicoli-Zupo

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.