Mr. Ken Petersen…

Mr. Ken Petersen
Manager
Ministry of Municipal Affairs and Housing
Local Government and Planning Policy Division
Provincial Planning Policy Branch
777 Bay Street, Floor 13
Toronto, ON M5G 2E5

Re:EBR Registry Number 012-7196

Consultation on the role of Ontario Municipal Board in Ontario’s Land Use Planning System

Joint Submission by the Large Five Northern Ontario Urban Municipalities

The Government of Ontario, through the Ministry of Municipal Affairs (MMA), has been charged with undertaking a review of the scope and effectiveness of the Ontario Municipal Board (OMB), which is an important part of the province’s land use planning system. The Directors and Managers of Planning in the five largest Northern Ontario urban municipalities (the Cities of Thunder Bay, Sault Ste. Marie, Greater Sudbury, North Bay and Timmins) are pleased to provide a joint submission that identifies our collective comments regarding the OMB with regard to the unique land use planning circumstances that exist in Northern Ontario.

We have reviewed the five themes that have been used to frame the proposed changes as part of the review process, being 1) the OMB’s jurisdiction and powers; 2) citizen participation and local perspective; 3) clear and predicable decision-making; 4) modern procedures and faster decisions; and 5) alternative dispute resolution and fewer hearings. Generally we are supportive of the changes that are being proposed and offer the following comments.

Northern Ontario experiences a shorter construction season and much lower growth rates than the rest of the province. As a result, the lengthy scheduling of hearings and long delays in receiving decisions negatively impact our communities and can add significant costs to development projects. We are supportive of changes that will improve processing times and decrease costs for all involved.

The number of appeals received in Northern Ontario is much lower than elsewhere in the province and the nature of appeals less complex. Many of the concerns expressed by communities in Southern Ontario are just not relevant in the north. Generally, we value the Ontario Municipal Board and see it as an important part of the land use planning process. Overall, we see the proposed changes as positive and believe that they will further strengthen the land use planning system in the province.

The current de novo process which focuses on the validity of the decision, seeks the best planning outcome. We feel that a better approach to improving the hearing process would be to further refine procedures that are in place to scope matters, rather than the elimination of de novo hearings.

Further, while we generally support limiting appeals on matters of public interest, we note that restricting appeals of development that supports transit infrastructure is an item that requires further clarification. Providing further guidance with respect to the types of applications where appeals would be restricted will assist in ensuring that such applications represent “good development”. In Northern Ontario, where densities are generally lower compared to other areas of the province, higher density uses should be focused at transit nodes and not necessarily allowed anywhere along the length of a transit route.

In our experience, the OMB has been amenable to considering old policies as well as proposed policies in addition to the current in effect policies. We see that further extension of the 2007 transition changes of applying current policies retroactively creates uncertainty when investment decisions and development approaches have been made based on an understanding of the land use planning requirements and controls in place at the time of the Planning Act application(s). Ensuring that decisions made are consistent with the Provincial Policy Statement in place at the time will have the impact of ensuring that decisions reflecting good planning practice are made, while ensuring a measure of fairness for applicants.

In our collective experience, appeals of applications often occur after a significant amount of preconsultation, ongoing consultation and pre-decision negotiation has occurred, prior to a decision being rendered. By the time an appeal is brought forward, it is often at the stage where all involved agree to disagree. A mandatory mediation process would not serve to add value in those instances. A preliminary review and triage to determine whether mediation would be a viable option would be a more efficient approach.

The five large urban municipalities in Northern Ontario strongly support the work that has been conducted during the OMB review process and thank you for this opportunity to comment. We look forward to the positive changes proposed and are confident that they will improve the land use planning system in Ontario.

Respectfully submitted,

____________________________________________
Don McConnell, MCIP, RPP Jason Ferrigan, MCIP, RPP
Planning Director Director of Planning Services

City of Sault Ste. Marie  City of Greater Sudbury

___________________________________________

Beverly Hillier, MCIP, RPPLeslie McEachern, MCIP, RPP
Manager of Planning ServicesDirector of Planning Services

City of North Bay  City of Thunder Bay

____________________
Cindy Welsh, MCIP, RPP
Manager of Planning
City of Timmins

[Original Comment ID: 207234]