Thank you for the…

Thank you for the opportunity to provide comments on the Proposed Changes to the Planning Act (Schedule 10 of Bill 60 - the Fighting Delays, Building Faster Act, 2025). Town staff offer the following general comments:

Minor Variances (As-of-right Variations from Performance Standards):

Town Staff have concerns regarding this proposed change. Minor variances need to be considered based on the established four tests, which are examined to confirm the proposed change is truly minor and appropriate for that specific site. Minor variance applications are reviewed to ensure, among other things, appropriate separation distances between buildings, unobstructed access to side and rear yards, and that proper drainage is maintained. Setback requirements also play a crucial role in maintaining a consistent development pattern, protecting privacy, and reinforcing the established character of mature neighbourhoods. The intent of the variance application process is to evaluate proposals on a case-by-case basis. A set percentage reduction such as the 10% noted in the ERO posting 'as-of-right', fails to consider that the impact of a setback reduction may vary depending on the application.

Policy Statements and Minister’s Decisions:

Per the PPS, “...the Provincial Planning Statement sets the policy foundation for regulating the development and use of land province-wide, helping achieve the provincial goal of meeting the needs of a fast-growing province...”. Staff note that the PPS includes policies regarding the protection of employment areas, cultural heritage resources, natural heritage areas and protecting public health and safety, and are concerned that this proposed change will allow the Minister to make decisions that are not in keeping with the province’s own planning statement and goals and that undermine local planning instruments such as Official Plans and Secondary Plans.

Town staff encourage the province to release the implementation framework that would be considered for giving exemptions to the Minister’s decisions (including past decisions) from being consistent with provincial policy statements.

Minister’s Zoning Orders:

Town staff appreciate the province’s effort to ensure that the Minister’s Zoning Order process is streamlined, and that timelines are in place to guarantee that development is built in a timely manner. However, staff are of the opinion that a public-facing, transparent planning process should be followed for all land use planning decisions, rather than creating a non-regulatory MZO process that does not allow for local input to be considered.

Additionally, staff have concerns that the Minister would be given power to create and require landowners and municipalities to enter into agreements that would impose conditions and related timelines to resolve development related matters. Staff recommend that if the province chooses to move forward with this change, a standard agreement format or template be released for public review and comment prior to implementation.

Protected Major Transit Station Areas:

Town staff support the province’s proposal to allow official plan amendments modifying the “authorized uses of land” within a Protected Major Transit Station Area (PMTSA) to be exempt from Minister’s approval, as this would help to reduce timelines for decision making, and speed up the approval process. Policies created for PMTSAs follow direction set out in the Planning Act and PPS, and municipal approval authorities are well suited to ensure that any further amendments within a PMTSA do so as well.

Community Improvement Plans:

Town staff are in support of the proposed changes to the Planning Act to support flexible implementation of Community Improvement Plans (CIPs), including enabling all upper-tier municipalities to establish regional Community Improvement Plans and allow funding to lower-tier municipalities for their CIPs.