Check Applicable Laws

When or How It Is Applicable

Every property within the City has specific rules that govern the use of the property including location and size of buildings. Please contact the Planning Section to discuss your plans. This is also referred to as Planning Approval.

Governing Legislation

Planning Act & Ontario Planning and Development Act – The Acts are provincial legislation that sets out the ground rules for land use planning in Ontario. It describes how land uses may be controlled, and who may control them. The purpose of the acts is to promote sustainable economic development in a healthy natural environment within a provincial policy framework

Ontario Heritage Act – The Ontario Heritage Act, allows municipalities and the provincial government to designate individual properties and districts in the Province of Ontario, Canada, as being of cultural heritage value or interest.

When or How It Is Applicable

Projects located within the AC-01 area are required to comply with the Health and Safety By-Law. No. 2020-21.  Administrative Control Area (AC-01) is generally located south of the CP Rail tracks, west of South John Street, east of Victoria Harbour and north of Harbour Drive.  If your project is within this area, please refer to the detailed map included within the Health and Safety Bylaw to confirm if your project is impacted and additional information you may need.

Governing Legislation

Planning Act – The Planning Act is provincial legislation that sets out the ground rules for land use planning in Ontario. It describes how land uses may be controlled, and who may control them.

When or How It Is Applicable

If property is near a farm or farm land, Minimum Distance Separation requirements may apply. This calculation takes into account the number of animals on the site before and after the proposed development, the type of livestock, the livestock and manure management systems, and the type of manure storage.

Governing Legislation

Minimum Distance Separation (MDS) – MDS is Ontario legislation that uses calculations to determine required setbacks between livestock farms and new housing or other sensitive land uses. This legislation is intended to prevent land-use conflicts, such as odour complaints.

When or How It Is Applicable

You may require a permit from Quinte Conservation if even a portion of your property falls within areas regulated by them. These requirements are established by the Conservation Authorities Act to provide for the conservation, restoration, development and management of natural resources in watersheds in Ontario. Please contact Quinte Conservation Authorities, our local Conservation Authorities to check if your application is effected by this act.

Governing Legislation

Conservation Authorities Act – The purpose of this Act is to provide for the organization and delivery of programs and services that further the conservation, restoration, development and management of natural resources in watersheds in Ontario.

Clean Water Act – The Clean Water Act is a law enacted by the Legislative Assembly of Ontario, Canada. The purpose of this Act is to protect existing and future sources of drinking water.

Environmental Assessment Act – The Environmental Assessment Act sets out a planning and decision-making process so that potential environmental effects are considered before a project begins.

Public Lands Act – To achieve effective stewardship of public land and to protect Crown interests from activities occurring on adjacent, privately owned shore lands through the issuance of work permits.

When or How It Is Applicable

You may require a work permit for work on your property if even a portion of your property falls within MTO-controlled areas along provincial highways. Check to see if you fall within MTO regulated areas.

Governing Legislation

Public Transportation and Highway Improvement Act – This act comes into effect when construction is adjacent to a highway or is within 800m of highway and will generate major traffic.

When or How It Is Applicable

A change of use of a property to a more sensitive land use, or the expansion of an existing structure on a property subject to existing environmental concerns, will typically trigger the need for a Record of Site Condition, as required by the Environmental Protection Act. One applicable example is conversion of former industrial or commercial properties to residential uses. For more information, please consult the Ministry of Environment Conservation and Parks.

Governing Legislation

Environmental Protection Act & O. Reg 153/04 – The Environmental Protection Act 1990 makes provision for the improved control of pollution to the air, water and land by regulating the management of waste and the control of emissions.

When or How It Is Applicable

New homes, including ADUs, are provided a warranty by the builder. Tarion provides home buyers consumer protection and confidence that their homes are properly built. Each new home or ADU is required to be registered with the agency.

Governing Legislation

Ontario New Home Warranties Plan Act – The Ontario New Home Warranties Plan Act covers all new homes. It does not cover renovated, previously occupied and some other types of home. It does not cover what it lists as items and deficiencies, including normal wear and tear, and damage for reasons such as poor maintenance.

When or How It Is Applicable

All new development, residential and non-residential, is subject to the collection of development charge fees. 

Governing Legislation

Development Charges Act – The Development Charges Act, 1997 enables municipalities in the province to enact by-laws to impose development charges against lands to be developed to pay for growth-related capital costs for municipal services such as roads, water, wastewater, public works, recreation, police and fire protection.

Governing Legislation

Child Care and Early Years Act – The Child Care and Early Years Act, 2014 ( CCEYA ) governs child care in Ontario. The legislation supports the health and safety of children, increases the government's oversight of caregivers, and helps parents make informed choices about their child care options.

Education Act – This legislation provides authority for the creation of all of the main features of the education system. The Education Act sets in law the powers and responsibilities of the Minister of Education and School Boards, the authority of principals and teachers, and the rights and responsibilities of parents and students.

Governing Legislation

Milk Act – The purpose and intent of this Act is to provide for the control and regulation in any or all respects of the quality of milk, milk products and fluid milk products within Ontario.

Nutrient Management Act – The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development.