1.4.1.3.Definition of Applicable Law

(1) For the purposes of clause 8(2)(a) of the Act, applicable law means, (a) the statutory requirements in the following provisions with respect to the following matters: (i) section 3 of the Building Transit Faster Act, 2020 with respect to the issuance of a permit under that section, (ii) section 14 of Ontario Regulation 137/15 (General) made under the Child Care and Early Years Act, 2014 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 child care centre or for alterations or renovations to be made to premises used by a child care centre, (iii) section 114 of the City of Toronto Act, 2006 with respect to the approval by the City of Toronto or the Ontario Land Tribunal of plans and drawings, (iv) section 59 of the Clean Water Act, 2006 with respect to the issuance of a notice by the risk management official for the construction of a building, (v) section 28 of the Conservation Authorities Act with respect to the prohibition of development activities, (vi) sections 28.1, 28.1.1 and 28.1.2 of the Conservation Authorities Act with respect to a permit issued for the construction of a building or structure or for any change to a building or structure that would increase its size, alter its use or increase the number of dwelling units, (vii) section 194 of the Education Act with respect to the approval of the Minister for the demolition of a building, (viii) section 17.2 of the Environmental Assessment Act with respect to the approval of the Minister or the Ontario Land Tribunal to proceed with a project, (ix) 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, (x) section 47.3 of the Environmental Protection Act with respect to the issuance of a renewable energy approval, (xi) 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, (xii) 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, (xiii) 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, (xiv) 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, (xv) subsection 30(2) of the Ontario Heritage Act with respect to a consent of the council of a municipality to the alteration 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, (xvi) section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property, (xvii) section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building, (xviii) section 34.5 of the Ontario Heritage Act with respect to the consent of the Minister to the alteration or demolition of a designated building, (xix) subsection 34.7(2) of the Ontario Heritage Act with respect to a consent of the Minister to the alteration or demolition of a building where the Minister has given a notice of intent to designate the building under section 34.6 of that Act, (xx) 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, (xxi) section 17.4 of the Ontario New Home Warranties Plan Act with respect to the provision of a confirmation by the Registrar for the construction of a residential condominium conversion project, (xxii) 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, (xxiii) section 37 of the Planning Act (A) with respect to the payment of money or making arrangements satisfactory to the council of a municipality for the payment of money, where the payment is required by a community benefits charge by-law passed under subsection 37(2) of the Planning Act, and (B) with respect to the provision of facilities, services or matters in accordance with subsection 37(6) of the Planning Act or making arrangements satisfactory to the council of a municipality for their provision, (xxiv) section 41 of the Planning Act with respect to the approval by the council of the municipality or the Ontario Land Tribunal of plans and drawings, (xxv) section 42 of the Planning Act with respect to the payment of money or making arrangements satisfactory to the council of a municipality for the payment of money, where the payment is required under subsection 42(6) of that Act, (xxvi) section 2 of Ontario Regulation 239/13 (Activities on Public Lands and Shore Lands — Work Permits and Exemptions), made under the Public Lands Act, with respect to the work permit authorizing the construction or placement of a building on public land, (xxvii) section 5 of Ontario Regulation 239/13 with respect to the exemption from the requirement to obtain a work permit authorizing the construction or placement of a building within an unpatented mining claim, (xxviii) 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, e1 (b) the following provisions of Acts and regulations: (i) subsection 102(3) of the City of Toronto Act, 2006, (ii) sections 28 and 53 of the Development Charges Act, 1997, (iii) sections 257.83 and 257.93 of the Education Act, (iv) subsection 17.2(5) of the Environmental Assessment Act, (v) subsection 133(4) of the Municipal Act, 2001, (vi) subsection 24(3) of the Niagara Escarpment Planning and Development Act, (vii) subsection 27(9) of the Ontario Heritage 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) section 46 of the Planning Act, (c) by-laws made by a municipality under an agreement entered into under section 5.81 of the Aeronautics Act (Canada), (d) regulations made by a conservation authority under clause 28(1)(c) of the Conservation Authorities Act as it read immediately before its repeal by section 25 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017, 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, (e) by-laws made under section 108 of the City of Toronto Act, 2006, but only with respect to the issuance of a permit for the construction of a green roof if the construction of the roof is prohibited unless a permit is obtained, (f) by-laws made under section 40.1 of the Ontario Heritage Act, (g) by-laws made under section 34 or 38 of the Planning Act, (h) subject to clause (i), by-laws made under Ontario Regulation 173/16 (Community Planning Permits) made under the Planning Act, (i) by-laws referred to in clause (h) in relation to the development of land, but only with respect to the issuance of a development permit if the development of land is prohibited unless a development permit is obtained, (j) by-laws made under Ontario Regulation 246/01 (Development Permits) made under the Planning Act which continue in force despite the revocation of that Regulation by reason of section 19 of Ontario Regulation 173/16 (Community Planning Permits) made under that Act, (k) orders made by the Minister under section 34.1 or 47 of the Planning Act or subsection 17(1) of the Ontario Planning and Development Act, 1994, and (l) 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.