Notice of Statement of Opinion of Non-Conformity with the Regional Official Plan under Subsection 17(40.2) of the Planning Act

​With respect to the Town of Niagara-on-the-Lake Council adopted new Official Plan

On Oct. 22, 2019, Niagara-on-the-Lake Town Council adopted its new Official Plan (the “Plan”). On Jan. 30, 2020 the record pursuant to subsection 17(31) of the Planning Act was received by the Niagara Region as the approval authority to make a decision on the Plan.

Under subsection 17(40) of the Planning Act, if the approval authority fails to give notice of a decision in respect of all or part of a plan within 120 days after the day the plan is received by the approval authority, any person or public body may appeal to the Tribunal all of any part of the plan. An exception to this provision applies if the approval authority states that the plan or any part of it does not, in the approval authority’s opinion, conform to the upper-tier municipality’s official plan.

The purpose of this notice is to inform you that Niagara Region, is of the opinion that the Plan does not conform to the Niagara’s Regional Official Plan (2014 consolidation). Regional staff have identified multiple areas where conformity with the Regional Official Plan has not been achieved. These include, but are not limited to:

  • ​The identification of and permitted uses within the Natural Heritage System
  • The identification of and permitted uses within agricultural lands
  • Growth management
  • Proposed employment land conversions and permitted uses within the employment areas.

The identified matters above is not an exhaustive list of non-conformity, but reflect a sample of matters that need to be resolved prior to the approval authority making a decision on the Plan. Pursuant to subsection 17(40.4) of the Planning Act, the 120-day period does not begin to run until Niagara Region confirms that the non-conformity with the Niagara’s Regional Official Plan is resolved. As such no appeals under subsection 17(40) of the Planning Act may be filed at this time. 

Subject Lands: All Lands within the Town of Niagara-on-the-Lake
Page Feedback Did you find what you were looking for today?