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Planning Act Flow Chart
Planning Act Flow Chart
Is the transaction
a “conveyance”
as defined in PA?
No breach.
Transaction
allowed
Is the land being
conveyed within a
registered plan of
subdivision?
Section 50(3) applies
Does conveyance
qualify for an exception
to save transaction?
Breach. Transaction
NOT allowed
YES
Is the land being
conveyed less than
a whole lot or block
within the RPS?
Section 50(5) applies
YES
No breach.
Transaction
allowed
YES
NO
NO
YES
NO
NO
Determining whether a conveyance breaches the Planning Act:
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Section 50(3) essentially says that:
a person can’t convey land unless they get land
development planning approval (through the exceptions
under section 50(3)).
Section 50(5) essentially says that:
a person can’t subdivide a whole lot or block within a registered
plan of subdivision unless they get land development planning
approval (through the exceptions under the section 50(5)).
Applies to:
Conveyances involving less than a whole lot or block
within a registered plan of subdivision
All conveyances, with exceptions.
deregistered plans and registrars’ compiled plans.
Applies to:
Conveyances not allowed under the Planning
Act unless they qualify for an exception:
Conveyance of land by:
deed or transfer;
mortgage/charge;
an agreement of purchase and sale; or
granting the use of or right in land for at least
21 years (including renewal periods)
Examples of exceptions under section 50(3) and
section 50(5):
No abutting lands
Government consent
Transactions involving the government including:
Leases of abutting land for affordable housing
Acquisition and disposition of land by the Crown and
municipal government
Consent to sever (i.e., divide) land while retaining
an interest in the abutting remainder of the land.
Owner conveying land does not own a parcel of
land sharing a border (i.e. abutting) with land being
conveyed.
Planning Act Basics
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ABOUT
Jessica Hammond
Hey there!
I'm Jess - lawyer, ADHD brain, and founder of SimpliLaw.
Since launching in Spring 2024, I've focused on one thing: making the Ontario bar exams feel less impossible.
Being a visual learner and living with ADHD has taught me that traditional study methods don't work for everyone. Sometimes
you need a different approach, and that's exactly why I started this company.
Between coaching calls with amazing students and creating resources that actually make sense, I've helped many
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And I'm here to help you find your way through it.
Jess
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