26-33 Planning Delegation of AuthorityCOUNTY OF ELGIN
By -Law No. 26-33
"A BY-LAW TO DELEGATE CERTAIN AUTHORITIES VESTED IN THE COUNCIL OF
THE CORPORATION OF THE COUNTY OF ELGIN AS THE APPROVAL AUTHORITY
WITH RESPECT TO PLANS OF SUBDIVISION, PLANS OF CONDOMINIUM AND PART
LOT CONTROL BY-LAWS PURSUANT TO SECTION 22 AND 51 OF THE PLANNING
ACT, TO THE DIRECTOR OF PLANNING FOR THE COUNTY OF ELGIN AND TO
REPEAL BY-LAW NOs.2162 and 24-25."
WHEREAS Section 4 (1) of the Planning Act, R.S.O. 1990, Chapter P. 13, as
amended, provides that the Minister may by order delegate to the Council of the
Corporation of the County of Elgin the authority to approve, among other things,
plans of subdivision, plans of condominium and part lot control by-laws; and
WHEREAS Section 5 (1) of the Planning Act, Chapter P 13, R.S.O. 1990, as
amended, provides that the Council may by by-law delegate all or any of the
authority to approve, among other things, plans of subdivision, plans of
condominium and part lot control by-laws to a Committee of Council orto an
Appointed Officer identified in the by-law by name or position occupied;
WHEREAS Section 54(4) of the Planning Act, Chapter P 13, R.S.O. 1990, as
amended, provides that any part of the authority of the council of an upper -tier to
give consents may be delegated to an appointed officer identified in the by-law by
name or position occupied;
WHEREAS County Council considers it advisable to delegate certain powers to the
Director of Planning for the County of Elgin, and, in the Director of Planning's
absence, the Director of Legal Services.
NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts
as follows:
1. THAT the Council of the County of Elgin delegates to the Director of Planning
and in his/her absence, the Director of Legal Services, the authority to:
a) Sign draft plans of subdivision for the purpose of indicating draft approval.
b) Sign draft plans of condominium forthe purpose of indicating draft approval.
c) Sign local municipal Official Plan Amendments indicating approval
d) Sign County Official Plan Amendments indicating approval
e) refuse to accept or further consider any application for plan of subdivision
or plan of condominium until the prescribed information and material and
the required fee and the draft plan are received, pursuant to section 51
(19) of the Planning Act as amended.
f) Enter into negotiations/dispute resolution with those parties involved in an
objection to a draft plan of subdivision or condominium or conditions
thereof.
g) Decide whether a change to conditions of draft approval is minor for
the purpose of giving notice and to approve such minor changes.
h) Extend draft plan approval time periods.
i) Approve and sign final plans of subdivision and final plans of
condominium for the purpose of indicating that final approval has
been granted by the approval authority and is acceptable for
registration purposes.
j) Approve part lot control by-laws for local municipalities passed
under Section 50 of the Planning Act, as amended.
k) Give provisional consent pursuant to section 53 of the Planning Act,
as amended, provided that:
i. The proposed consent is consistent with the Provincial
Policy Statement in force from time to time;
ii. The proposed consent does not require a plan of
subdivision for the proper and orderly development of the
municipality;
iii. The proposed consent conforms with section 51(24) of the
Planning Act;
iv. The proposed consent conforms with the Elgin County
Official Plan
V. The proposed consent conforms with the applicable local
Official Plan or Secondary Plan;
vi. The proposed consent complies and conforms with the
local municipal Zoning By -Law, unless a condition of the
provisional consent includes a requirement for rezoning or
minor variance; and,
vii. There are no unresolved objections/concerns raised from
prescribed agencies or the public.
1) Change conditions of a provisional consent pursuant to section
53(23) of the Planning Act, as amended, and decide whether a
change to conditions of provisional consent is minor for the purpose
of giving notice.
2. THAT this by-law shall come into force and effect on the date of its final
passing by the Council of the Corporation of the County of Elgin.
3. THAT By-law Nos. 2162 and 24-25 be repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8tn
DAY OF SEPTEMBER 2026.
Katherine Thompson, Dominique Giguere,
County Clerk/Manager of Administrative Services. Warden.