December 18, 2016…

December 18, 2016
Ken Petersen, Manager,
Ministry of Municipal Affairs
Provincial Planning Policy Branch
777 Bay Street, Toronto, Ontario
M5G 2E5

Re: 2016 Ontario Municipal Board Review, EBR file 012-7196

Dear Mr. Petersen,

In order to more properly support conformity and consistency with the Ontario Planning Act, Provincial Policy Statement, Provincial Plans and Municipal Plans, progressive changes are needed to improve the Ontario Municipal Board (“OMB”). Reforms that restrict appeals and support citizen participation in land use planning decisions are urgently needed. Ontario’s progressive land use planning framework requires key changes to the principles and processes by which the OMB upholds the integrity of provincial planning laws, land use policies and official plans.

In recent years, many community groups have brought cases to the OMB in an effort to protect the Greenbelt Plans. Most have lost their cases, with negative consequences to the environmental health and economic prosperity of our rural countryside, natural heritage, water resources and public interest. Many suburban development plans that were appealed to the OMB seem to have been approved over the legitimate objections of local communities and environmental groups seeking more compliance with provincial interests and planning policies.

In regard to the four Provincial Plans reviewed over the past two years, the OMB is a critical component of the land use planning architecture for their implementation. The OMB framework must be reformed to ensure that all decisions are consistent with Provincial Land Use Plans if these Plans are to be effective over the long term. Based on experience as a professional manager in the Ontario Public Service for 34 years and as a charity volunteer in Ontario Land Trusts for 16 years, the comments following are respectfully submitted for your progressive consideration.

Sincerely,
Frank G. Shaw
Aurora, Ont.

OMB Issues, Comments and Recommendations:

1)All environmental issues involving the Greenbelt, greenfields, agricultural lands, wetlands, woodlands, wildlife habitat, and water resources should be more properly heard by the Environmental Review Tribunal not the OMB. These complex environmental matters go well beyond current OMB capacity and require the more detailed scrutiny of the Environmental Review Tribunal.

2)Provincial expertise is needed to defend provincial policy and all matters of provincial interest in cases where policy is misinterpreted at the municipal level and by the OMB. Restricting appeals of provincial policy can reduce the number of appeals heard but policy may still be misinterpreted.

3)Provide intervener funding to support full citizen participation. The OMB process is tilted in favour of wealthy developers. Most community groups find it increasingly difficult to participate in OMB hearings where there is a public interest. The province needs to address this imbalance by ensuring members of the public have access to intervener funding to level the playing field and enable them to participate effectively in OMB hearings.

4)Reform the OMB to reduce the imbalances favouring developers and what is now considered and perceived as a real conflict of interest for municipalities. Remove Sec. 69 of Planning Act since it now allows the developer to pay for municipal costs if the municipality supports the developer.

5)Restrict appeals of municipal Official Plans and Provincial Plans. The Board should only be able to overturn municipal council decisions if they violate the municipal official plan or provincial planning policies. Otherwise, the OMB should not be able to change an approved document.

6)Increase time limits for municipal planning reports to one year from 180 and 120 days, to reduce the number of non-decisions of Council and ensure applications are complete. Having a completed application that has been given a thorough review by planning staff and reviewed by Council will allow the development process to proceed with better results.

7)Planning is a public process. The OMB needs to respect and welcome public participation. The Board should be readily open and receptive to input from all parties. Procedures and practices need to be more citizen-friendly, use checklists, explain mediation and identify that the objective is to resolve disputes in keeping with provincial and municipal policy.

8)Improve accountability and transparency by holding open and public OMB hearings. Require all OMB hearings to be video recorded, with transcripts accessible on the OMB website. Hold hearings in venues with access to high speed internet and stream the hearings online in real-time.

9)Mediation should be mandatory whenever there is good reason to believe it can be beneficial and funding must be made available to citizen’s groups for mediation. Support shorter hearings by encouraging written submissions for minor variances and related appeals. Require written submissions for cost awards and motions. Limit cost awards to a $5,000 maximum.

10)OMB decisions should be based on the most up to date planning documents, conform to provincial and municipal policy and allow the municipal planning hearing report and minutes to be filed as evidence. OMB Hearings should only occur after all evidence has been submitted for consideration. Any new technical studies or changes to planning applications should be sent back to Council, and hearings adjourned for a minimum of 120 days.

11)Review the qualifications of OMB members and develop a public complaints process. Require diversity of municipal land use planning expertise on the Board. Members must have education and experience in land use planning policy, and/or urban design. Move away from reappointing members with only development approvals experience and legal knowledge.

12)Find a better way to educate and support good municipal decision-making without bad land use planning that too often is forcing citizens to challenge the “reasonableness” of Council decisions. OMB decisions should be based on the most up-to-date planning policies and best practices.

Footnote:

Many community and environmental groups have made like-minded comments and proposals on how to improve the OMB. More detailed submissions from the Ontario Greenbelt Alliance, Oak Ridges Moraine Partnership, Ontario Nature, etc. on the draft GGH Provincial Plans or the current OMB Review illustrate the key role of the OMB in upholding conformity and integrity of Provincial Plans and Provincial Land use Policies. Poor OMB decisions will quickly and permanently erode these Plans unless the OMB principles and processes are progressively reformed.

[Original Comment ID: 207249]