A municipality grants consent to sever a rural lot, the conditions are fulfilled, and the clerk issues the certificate of consent under s. 53(42) of the Planning Act. The consent sets no earlier lapse date. If the sale has not been carried out, when does the consent lapse?
Correct Answer
D) Two years after the certificate
Section 53(43) of the Planning Act provides that a consent lapses at the end of two years from the date of the certificate given under s. 53(42) if the transaction for which it was given is not carried out within that two-year period. The council or Minister may set an earlier lapse date when giving the consent, but none was set here.
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A municipality gives provisional consent to sever a waterfront lot. The neighbouring cottage owner, who made written submissions opposing it, wants to appeal to the Ontario Land Tribunal. Under s. 53(19) of the Planning Act, what is her position?
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