The Special Rule, explained

AWARE News Network

The Special Rule was enacted January 19, 2012 as part of Ontario Regulation 311/06 and was supposed to permit the first phase of the Midhurst Secondary Plan (it’s unusual, by the way, for legislation to be written just to accommodate a specific, named, development).

But the Special Rule contained a mistake. It said the development must be on lands for urban uses as of January 19, 2012. The MSP lands had not been so designated by that date, so despite the Special Rule, the development would still have violated provincial legislation.

So the government’s law-writers got together and produced an Extra Special Rule released on January 22, 2013 and consolidated with the existing Special Rule. It said that the clause requiring this condition (of lands designated for urban uses as of January 19, 2012) shall not apply. Go to this link to read the Special Rule (S.5.6), or read it below.

It can be seen from 5.6 (5) (subsequently overruled by the Extra Special Rule) that the matter “shall be disposed of in accordance with policy 6.3.2.1 of the Plan”.

In the Growth Plan for the Golden Horseshoe, 6.3.2.1 states, “provided the development …  (b) is on lands for urban uses as of January 19, 2012.”  If the proposed development had complied with this statement, why was it necessary to create yet another regulation, consolidated in 5.7 (3) below?

Here is the text of the regulation:

The Special Rule

5.6  (1)  Subject to subsections (7) and 5.7 (1), a matter that is required to be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012) and that meets all of the following criteria shall be continued and disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is a request for an official plan amendment described in clause 2 (a) or an official plan amendment described in clause 2 (b).

2. The official plan amendment, if approved, would designate lands inside an area of settlement as lands for urban uses, as that term is defined in Amendment 1 (2012).

3. The County of Simcoe has approved the official plan amendment.

4. As of January 19, 2012, the decision of the County of Simcoe to approve the official plan amendment has been appealed to the Ontario Municipal Board or a joint board, but the Ontario Municipal Board or joint board has not issued its final decision.

5. An application for the approval of a plan of subdivision under section 51 of the Planning Act or an application for the approval of, or an exemption from an approval of, a condominium under section 9 of the Condominium Act, 1998 has been made before January 19, 2012 for all or part of the same land with respect to which the matter mentioned in paragraph 1 relates. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 6 (1); O. Reg. 183/13, s. 7 (1).

(2)  For the purposes of paragraph 5 of subsection (1), an application has been made only if the information and material required under subsections 51 (17) and (18) of the Planning Act and any fee required under section 69 or 69.1 of the Planning Act have been provided. O. Reg. 8/12, s. 3.

(3)  Subject to subsection (4), if one or more matters mentioned in paragraph 1 of subsection (1) are being considered at a single hearing of the Ontario Municipal Board or a joint board and the matter or matters relate to more than 300 hectares, subsection (1) shall only apply to a portion of the land not exceeding 300 hectares. O. Reg. 8/12, s. 3.

(4)  Subsection (1) shall not apply to land under subsection (3) unless the portion of land is also the subject of the application for approval of a plan of subdivision or the application for the approval of, or an exemption from an approval of, a condominium mentioned in paragraph 5 of subsection (1). O. Reg. 8/12, s. 3.

(5)  Subject to subsection (7), a matter that meets all of the following criteria shall, despite any other provision of this Regulation except subsection (6), subsections 5.2 (2) and (3) and section 5.5, be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), and shall be disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is described in clause 2 (c), (d), (e), (f), (h) or (i) and commenced before, on or after January 19, 2012.

2. There was another matter described in clause 2 (a) or (b) to which subsection (1) applied.

3. The matter described in paragraph 1 relates to all or part of the land to which the matter described in paragraph 2 relates. O. Reg. 8/12, s. 3; O. Reg. 22/13, s. 6 (2); O. Reg. 183/13, s. 7 (2).

(6)  Subsection (5) applies only with respect to the portion of land with respect to which policy 6.3.2.1 of the Plan applied under subsection (1). O. Reg. 8/12, s. 3; O. Reg. 183/13, s. 7 (3).

(7)  For the purposes of continuing and disposing of a matter described in subsection (1) or (5) in accordance with policy 6.3.2.1 of the Plan, clause b) of the policy shall not apply. O. Reg. 22/13, s. 6 (3); O. Reg. 183/13, s. 7 (4).

Midhurst Settlement Area

5.7  (1)  Subsections 5.6 (1) to (4) shall not apply to any lands within the Midhurst Settlement Area as set out in Amendment No. 38 to the Official Plan of the Township of Springwater that was approved by the County of Simcoe on October 12, 2011 and partially came into effect on November 28, 2012. O. Reg. 22/13, s. 7.

(2)  Subject to subsection (3), a matter that meets the following criteria shall, despite any other provision of this Regulation except subsections 5.2 (2) and (3) and section 5.5, be continued and disposed of in accordance with the Plan as amended by Amendment 1 (2012), and shall be disposed of in accordance with policy 6.3.2.1 of the Plan:

1. The matter is described in clause 2 (c), (d), (e), (f), (h) or (i) and commenced before, on or after January 19, 2012.

2. The matter relates to all or part of the land within the Midhurst Settlement Area whose designation as one of the following came into effect on November 28, 2012 when Amendment No. 38 to the Official Plan of the Township of Springwater that was approved by the County of Simcoe on October 12, 2011 partially came into effect:

i. Midhurst Transition Residential.

ii. Midhurst Low Density Residential.

iii. Midhurst Medium Density Residential.

iv. Midhurst High Density Residential/Mixed Use. O. Reg. 22/13, s. 7; O. Reg. 183/13, s. 8 (1).

(3)  For the purposes of continuing and disposing of a matter described in subsection (2) in accordance with policy 6.3.2.1 of the Plan, clause b) of the policy shall not apply. O. Reg. 22/13, s. 7; O. Reg. 183/13, s. 8 (2).