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Division A

1.4.1.3. Definition of Applicable Law

(1)  For the purposes of Section 8 of the Act, applicable law means:

(a) the statutory requirements in the following provisions with respect to the following matters:

(i) Section 5 of the Charitable Institutions Act, with respect to the approval by the Minister of the site and plans for a new building or an addition to an existing building used or to be used as a charitable institution,

(ii) Section 5 of Regulation 262 of the Revised Regulations of Ontario, 1990, made under the Day Nurseries Act, with respect to the approval of plans for a new building to be erected or an existing building to be used, altered or renovated for use as a day nursery or for alterations or renovations to be made to premises used by a day nursery,

(iii) Section 194 of the Education Act, with respect to the approval of the Minister for the demolition of a building,

(iv) Section 6 of Regulation 314 of the Revised Regulations of Ontario, 1990, made under the Elderly Persons Centres Act, with respect to the approval of the Minister for the construction of a building project,

(v) Section 5 of the Environmental Assessment Act with respect to the approval of the Minister or the Environmental Review Tribunal to proceed with an undertaking,

(vi) Section 46 of the Environmental Protection Act with respect to the approval of the Minister to use land or land covered by water that has been used for the disposal of waste,

(vi.1) Section 47.3 of the Environmental Protection Act, with respect to the issuance of a renewable energy approval,

(vii) Section 168.3.1 of the Environmental Protection Act with respect to the construction of a building to be used in connection with a change of use of a property,

(viii) Paragraph 2 of Subsection 168.6 (1) of the Environmental Protection Act if a certificate of property use has been issued in respect of the property under subsection 168.6 (1) of that Act,

(xi) Section 9 of Regulation 469 of the Revised Regulations of Ontario, 1990, (Equipment and Premises), made under the Funeral Directors and Establishments Act, with respect to the provision to the Registrar of architectural plans or drawings of the proposed construction or alteration of a funeral establishment,

(x) Section 14 of the Homes for the Aged and Rest Homes Act with respect to the approval of the Minister for the erection or alteration of a building for use as a home or a joint home,

(xi) Section 14 of the Milk Act with respect to the permit from the Director for the construction or alteration of any building intended for use as a plant,

(xii) Section 4 of Regulation 832 of the Revised Regulations of Ontario, 1990, made under the Nursing Homes Act, with respect to the provision to the Director of plans and specifications and such information and other material as may be required by the Director in respect of the construction, alteration, addition to or renovation of a nursing home or conversion of an existing building into a nursing home,

(xiii) Section 11.1 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 with respect to a proposed building or structure to house farm animals or store nutrients if that regulation requires the preparation and approval of a nutrient management strategy before construction of the proposed building or structure,

(xiv) Subsection 30(2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alternation or demolition of a building where the council of the municipality has given a notice of intent to designate the building under subsection 29(3) of that Act, (422/06)

(xv) Section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property,

(xvi) Section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building,

(xvii) Section 34.5 of the Ontario Heritage Act with respect to a consent of the Minister to the alternation or demolition of a designated building, (349/06)

(xviii) Subsection 34.7(2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration of demolition of a  building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act, (422/06)

(xix) Section 42 of the Ontario Heritage Act with respect to the permit given by the council of a municipality for the erection, alteration or demolition of a building,

(xx) Section 14 of the Ontario Planning and Development Act, 1994 with respect to any conflict between a development plan made under that Act and a zoning by-law that affects the proposed building or structure,

(xxi) Section 41 of the Planning Act with respect to the approval by the council of the municipality or the Municipal Board of plans and drawings,

(xxii) Section 2 of Ontario Regulation 453/96 (Work Permit-Construction) made under the Public Lands Act, with respect to the work permit authorizing the construction or placement of a building on public land,

(xxiii) Section 34 or 38 of the Public Transportation and Highway Improvement Act with respect to the permit from the Minister for the placement, erection or alteration of any building or other structure or the use of land,

(b) the following provisions of Acts and regulations:

(i) Sections 28 and 53 of the Development Charges Act, 1997,

(ii) Sections 257.83 and 257.93 of the Education Act,

(iii) Subsection 5 (4) of the Environmental Assessment Act, - (Revoked 349/06)

(iv) Subsection 133 (4) of the Municipal Act, 2001,

(v) Subsection 24 (3) of the Niagara Escarpment Planning and Development Act,

(vi) Subsections 4 (3) and (5) of Regulation 832 of the Revised Regulations of Ontario, 1990, made under the Nursing Homes Act,

(vi.1) Subsection 27(3) of the Ontario Heritage Act, (423/06),

(vii) Section 46 of the Planning Act

(viii) Section 33 of the Planning Act except where, in the case of the demolition of a residential property, a permit to demolish the property is obtained under that Section,

(ix) Revoked (423/06),

(c) regulations made by a conservation authority under Clause 28 (1) (c) of the Conservation Authorities Act with respect to permission of the authority for the construction of a building or structure if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development,

(d) by-laws made under Section 40.1 of the Ontario Heritage Act, (349/06)

(e) by-laws made under Section 34 or 38 of the Planning Act or under Section 3 of Ontario Regulation 246/01 (Development Permits) made under that Act,

(f) orders made by the Minister under section 47 of the Planning Act or subsection 17 (1) of the Ontario Planning and Development Act, 1994, and

(g) by-laws made under any private Act that prohibit the proposed construction or demolition of the building unless the by-law is complied with.

(2) For the purposes of Clause 10 (2) (a) of the Act, applicable law means any general or special Act, and all regulations and by-laws enacted under them that prohibit the proposed use of the building unless the Act, regulation or by-law is complied with.