NOTICE OF PROPOSAL FOR ACT

© Queen's Printer for Ontario, 2003

This Notice was republished on December 18, 2003 to correct a hyper-text link. The public comment period was not affected.

Proposal Title:

Bill 26 – Strong Communities (Planning Amendments) Act, 2003

Regulation or Bill Number: 26

Short Description:

Introduction:

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

The purpose of this bill is to:

-Strengthen the implementation standard in the Planning Act to require that a decision affecting a land use planning matter shall “be consistent with” policy statements that are issued under the Act; this is a change from the current shall “have regard to” standard;

-Increase the time decision-makers have to review and make decisions on specific planning applications (i.e. official plans, official plan amendments, zoning by-laws, zoning by-law amendments, holding by-laws, subdivisions/condominiums and consents);

-Restrict the powers of the Ontario Municipal Board to make an order or a decision in an appeal regarding an official plan, official plan amendments, zoning by-laws, zoning by-law amendments, or holding by-laws if the Minister of Municipal Affairs is of the opinion that all or part of the proposed official plan/amendment or zoning/holding by-law affects a matter of provincial interest. The decision respecting such matters would then be confirmed, varied or rescinded by the Lieutenant Governor in Council;

-With respect to official plan and zoning by-law applications to establish new urban settlement areas or alter urban settlement area boundaries, which are not supported by municipal councils, the proposed changes to the Planning Act would eliminate the provisions granting the applicant the right to appeal to the Ontario Municipal Board; and

-Eliminate provisions that allow a person who requests an amendment to an official plan to appeal to the Ontario Municipal Board if a municipality fails to hold a public meeting within 65 days of a complete application being submitted. All other appeal rights would continue to exist except as highlighted above relating to the establishment of new urban settlement areas or the alteration of urban settlement area boundaries that are not supported by municipal councils.

The proposed legislative amendments to the Planning Act would bring more accountability, transparency and public input to the way land use planning decisions are made across the province. The changes would give the municipalities and the public a stronger voice in the planning decisions that affect their communities while protecting the public interest and ensuring that provincial planning policies cannot be ignored.

Purpose of the Proposal:

The purposes of this Notice are:

(1) to advise the public that the province is considering changes to the Planning Act;
(2) to provide the basic outline of the proposed legislation; and,
(3) to provide 90 days for the public to comment on the proposed legislation by directing their written concerns to the contact person noted below. (Note: personal information about the person providing comments, such as name, phone and address can be accessed by any individual under the Freedom of Information and Protection of Privacy Act and will be released, unless specifically requested not to do so.)

Other Public Consultation:

A copy of the proposed legislation is available on the internet site which is identified at the bottom of this Notice.

Comments should be directed to the following Contact Person:

Ken Petersen-Manager(A) Legislation & Research
Prov. Planning & Environmental Services Branch
777 Bay Street, 14th floor
Toronto, Ontario, M5G 2E5
PHONE: (416) 585-6014  FAX: (416) 585-4245

Some Government offices have additional information on this proposal for viewing. These are listed below:

Prov Planning & Env Services Branch
777 Bay Street
14th Floor, Toronto, Ontario, M5G 2E5
PHONE: (416) 585-6014 FAX: (416) 585-4006

Additional material in support of this notice is available by clicking the following hyperlink(s):

http://www.mah.gov.on.ca/userfiles/HTML/nts_1_16239_1.html
http://www.mah.gov.on.ca/userfiles/HTML/nts_1_16240_2.html
http://www.ontla.on.ca/documents/Bills/38_Parliament/Session1/b026_e.htm
http://www.ontla.on.ca/documents/Bills/38_Parliament/Session1/b026_f.htm

1. are submitted in writing;
2. reference the EBR Registry number; and
3. are received by the Contact person within the specified comment period.

Please Note: No acknowledgment or individual response will be provided to those who comment. All comments and submissions received will become part of the public record.