1.3.1.5.Conditional Permits

(1) The chief building official shall not issue a conditional permit for any stage of construction under subsection 8(3) of the Act unless compliance with the following applicable laws has been achieved in respect of the proposed building or construction: (a) section 3 of the Building Transit Faster Act, 2020 with respect to the issuance of a permit under that section, (b) section 28 of the Conservation Authorities Act with respect to the prohibition of development activities, (c) 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, (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) 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, (f) subsection 24(3) of the Niagara Escarpment Planning and Development Act, (g) subsection 27(9) of the Ontario Heritage Act, (h) 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, (i) section 33 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the alteration of property, (j) section 34 of the Ontario Heritage Act with respect to the consent of the council of a municipality for the demolition of a building, (k) 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, (l) 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, (m) by-laws made under section 40.1 of the Ontario Heritage Act, (n) 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, (o) 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. (2) For the purposes of issuing a conditional permit under subsection 8(3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where, (a) a committee of adjustment has made a decision under section 45 of the Planning Act authorizing one or more minor variances from the provisions of any by-laws made under sections 34 and 38 of that Act, (b) such minor variance or variances result in the achievement of full compliance with such by-laws, and (c) no person informed the committee of adjustment of objections to the minor variances either in writing or in person at the hearing of the application. (3) For the purposes of issuing a conditional permit under subsection 8 (3) of the Act, a person is exempt from the requirement in clause 8(3)(a) of the Act of compliance with by-laws passed under sections 34 and 38 of the Planning Act where the construction in respect of which the conditional permit is issued is required in order to comply with an order issued under subsection 21(1) of the Fire Protection and Prevention Act, 1997 or under subsection 15.9 (4) of the Act. (4) A permit issued under subsection 8(3) of the Act shall indicate its conditional nature.