APPENDIX A: PLANNING ACT LOGIC page 1 Tier 1 1. Property is whole lot or block on a registered plan of subdivision Property is whole condo unit and/or common interest in condominium 2. Land converted to Land Titles Conversion Qualified ( LTCQ ), if title states that the land is not subject on first registration in LTCQ to subparagraph 44(1)(11) of the Land Titles Act 1 3. Part lot control exemption by-law applies to present or past transaction (3)(a),(4), (5)(a), (14) Condominium Act, 1998, S.O. 1998, c. 19, S. 9(1) does not apply if plan deregistered by municipal by-law. Most deregistration by-laws are for older plans. Section 50, Planning Act does not apply. Most LTCQ titles have the required statement. Compliance with the section is confirmed only up to the date of conversion to LTCQ. (7) Review by-law to ensure it is/was in effect at time of transaction. Search abutting date of conversion to LTCQ, unless another exception applies more recently. 2 If by-law applied to past transaction but is no longer in force, search abutting date of that transaction. Comment on Abutting Lands Map Button ( ALMB ) Priority should appear and take precedence over all other ALMB notices Priority if not 1 above Priority If not 1 or 2 above Your primary parcel appears to be the whole of a Lot /Block/Unit within a registered plan of subdivision/condominium so an Abutting land Planning Act search may not be necessary. The exception in Section 44(1) (11) of the Land Titles Act (Planning Act exception) does not apply to contraventions occurring prior to the conversion date for Land Titles Conversion Qualified property. There does not appear to be any transfers of title registered after the conversion date. There appears to be a by-law registered on title to the primary Parcel. If the by-law is a part-lot control exempting bylaw, the extent of any Abutting land Planning Act search required will be subject to the particulars of this by-law. The inclusion of Planning Act Statements in registered transfers will also impact your Abutting land search. 1 R.S.O. 1990, c. L.5 2 E.g., if land converted to LTCQ in 1998 and Transfer with statements signed registered in 2002, search abutting date of registration in 2002.
APPENDIX A: PLANNING ACT LOGIC page 2 Planning Act statements in transfer signed Consent to current transaction granted Prior consent to conveyance granted 3 (22) All three statements must be signed. (3)(f), (5)(f), (14), 53(42), 53(43) Certificate of consent to be given. Consent lapses if transaction not carried out within 2 years from date of certificate, or earlier lapse period if specified. (12), (14) Must be identical to parcel that received consent (cannot be whole of remainder parcel). Prior consent must be to conveyance (i.e., transfer/deed), not mortgage or other transaction. Read consent to confirm it does not stipulate that subsections (3) or (5) apply to subsequent transactions. Search abutting date of registration of most recent transfer with statements signed, unless another exception applies more recently. Priority if not 1, 2 or 3 above. You should confirm whether any transfers appearing on title to the primary Parcel include Planning Act consents or contain Planning Act statements inasmuch as these items will impact on the need for and/or extent of any Abutting land Planning Act searches. 3 Subject to case law and comments at pages 265 et al., The Law of Subdivision Control in Ontario.
APPENDIX A: PLANNING ACT LOGIC page 3 Tier 2 Grantor retains abutting lands that are a whole lot or block on registered plan of subdivision, and property is whole of remainder parcel Road, Indian Lands or Railway Parcels (3)(b), (5)(a) Yes; exception applies only to specific transaction, does not have retroactive or future effect. Listed under specific category in Abutting lands table (second grouping) Listed under specific category in Abutting lands table (third grouping) The Abutting parcel types identified below appear to be the whole of a Lot /Block/Unit within a registered plan of subdivision/condominium so it may not be necessary to search these parcels for Planning Act purposes. The Abutting parcel types identified below may not require further investigation for Planning Act compliance because they appear to be road, railroad or Indian lands parcels.
APPENDIX A: PLANNING ACT LOGIC page 4 Tier 3 Past and present grantors do not/did not own abutting land (Planning Act, Sect. (3)(a), (5)(a) Yes, in order to determine that they do not/did not own abutting land. Common names Individual identical last name and first three characters of given name The name appears to be similar to {MainParcerName} in parcel {MainParcelPIN} on Transfer {MainParcelTransferNumber} If common name does the period of ownership overlap Where consent granted, primary Parcel is whole of remainder parcel (6) Transaction must occur before consent lapses and remainder parcel must be/have been conveyed before consented parcel. 4 Yes; exception applies only to specific transaction, does not have retroactive or future effect. If the property is LTCQ does common ownership occur after conversion date of primary parcel This wording always appears before the Transfer History on the Parcel Details of and Abutting Property If any Abutting parcel is the subject of a Planning Act consent, the primary parcel may be the whole of the remainder parcel which must be conveyed before the consented parcel. 4 1390957 Ontario Ltd. v. Acchione, 2002 CanLII 23579 (ONCA)
APPENDIX A: PLANNING ACT LOGIC page 5 Programming Property is remaining part of whole lot or block on registered plan of subdivision, the other part of which was acquired by a body that has the right to acquire land by expropriation (Planning Act, Sect. (5)(e) none