The Region of Waterloo's…

The Region of Waterloo's detailed comments regarding the proposed changes to the PPS are outlined in the attached report (Report No. PDL-CPL-19-32). This report will be considered by Regional Council on October 30, 2019. Please accept this report as a placeholder pending Regional Council's formal consideration of the comments and recommendations. A summary of the Region's key comments are outlined below.

Depth of Extraction of Mineral Aggregate Operations

The government is proposing to prohibit municipalities from setting the vertical limits of aggregate extraction in their zoning by-laws. We do not support this proposed change. Extracting mineral aggregates close to, or below the water table has the potential to impact the quantity and quality of water, including both vulnerable and sensitive groundwater resources. Consequently, it is inappropriate to prevent the use of vertical zoning under the Planning Act to protect municipal drinking water resources.

Recommendation:

The Province should not revise Policy 2.5.2.4 to prohibit municipalities from setting the vertical limits of aggregate extraction in their zoning by-law.

Aggregate Extraction within Provincially Significant Natural Features

The PPS currently prohibits development or site alteration (which by definition includes mineral aggregate extraction) within certain provincially significant natural features, unless it has been demonstrated that there will be no negative impacts to the environment. The Province is proposing to revise this test by allowing long-term rehabilitation plans to be used to demonstrate that aggregate extraction will have no negative impacts. It is inappropriate to defer mitigating the negative impacts of aggregate extraction to long-term rehabilitation plans. This approach could result in the permanent destruction of significant natural features or habitat.

Recommendation:

The Province should not move forward with the proposed changes to Policy 2.5.2.2, or allow long-term rehabilitation plans to be used to demonstrate that aggregate extraction will have no negative impacts on provincially significant natural features.

Planning to Satisfy Housing Market Demand

The government is proposing changes to the PPS that would require municipalities to consider “market demand” and “market-based needs” when planning for land and housing supply. However, the government has not defined these terms or explained how they should be implemented.

Recommendation:

The Province should not implement a market-driven approach to planning for land and housing supply, and delete all proposed references to market demand and market-based need.

Housing Supply and Mix

The proposed changes to the PPS would increase the land and housing supply requirements that municipalities must meet by: increasing the planning horizon in official plans from 20 to 25 years; and increasing minimum housing supply from 10 to 12 years.

In our opinion, the current supply requirements in the PPS are appropriate and strike the right balance between supporting the need for a range of housing and not over-designating land for development. Designating too much land could impact a municipality by requiring investments in costly infrastructure before they are needed and spread development over larger areas, delaying the achievement of a municipality’s intensification and density targets.

Recommendation:

The Province should maintain the current 20-year planning horizon, and the 10 and three-year housing supply requirements contained in the PPS.

Climate Change

The government is proposing to strengthen the policy direction for municipalities to prepare for the impacts of climate change. While we support this direction, the PPS should also emphasize the need for municipalities to help mitigate climate change through lower greenhouse gas emissions. Recently, the Region, the City of Kitchener, the Township of Wilmot and the Township of Woolwich declared a climate emergency. These declarations emphasize the need to take stronger action to reduce the greenhouse gases, in addition to adapting to climate change.

Recommendations:

1) The Province should revise Policy 1.1.1 (i) to delete the words “local” and “regional”, and add a new subsection (j) to direct municipalities to take steps to prevent or mitigate climate change;

2) The Province should expand Policies 1.1.3.2, 1.6.1, 1.6.6.1, 1.6.6.7, 1.8.1, 2.2.1 and 3.1.3 to direct
municipalities to prevent or mitigate climate change; and

3) The Province should delete the words “potential”, “opportunities” and “local and regional” from the definition of “the impacts of a changing climate”;

Renewable and Alternative Energy Systems

The government is proposing to delete some of the renewable and alternative energy policies from the PPS. If approved, these changes would give municipalities less direction to plan for renewable and alternative energy systems in new developments, which are important components to support energy conservation, increase efficiency and reduce greenhouse gas emissions. Consequently, we do not support deleting these policies.

Recommendation:

The Province should not remove Policies 1.6.11.2 and 1.8.1 f), to maintain the current policy direction to municipalities regarding renewable and alternative energy systems.

Change in Policy Direction from “Shall” to “Should”

The government is proposing to change the policy direction of certain policies in the PPS from “shall” to “should”. These changes would weaken or work against long-standing Regional policy directions, including: supporting transit-supportive densities in greenfield areas; phasing development to align with the provision of services; and making better use of existing and planned infrastructure.

Recommendation:

The Province should not change “shall” to “should in Policies 1.1.3.6, 1.1.3.7 and 1.6.7.2.
Integration of Transportation and Land Use Planning

The government is proposing to delete Policy 1.6.75, which requires municipalities to integrate transportation and land use planning at all stages of the planning process. The rationale for removing this policy from the PPS is unclear. The Region and the Province have made substantial investments to the Region’s transportation infrastructure, including the ION rapid transit system, expansions to the GRT bus network and the King-Victoria Transit Hub in Kitchener. These investments highlight the need to better integrate land use and transportation planning at all stages of the planning process.

Recommendation:

The Province should not delete Policy 1.6.7.5 from the PPS.

Sewage and Water Servicing Hierarchy

The government is proposing to add new policy language that would enable upper-tier municipalities to assess the feasibility of accommodating additional growth in rural settlement areas through forms of servicing other than individual wells and septic systems (e.g., private communal sewage and water services.) We do not support the use of communal services. Growth should be directed to areas on full municipal services.

Recommendation:

The Province should delete its proposed new paragraph after Policy 1.6.6.4.

Fast-Tracking Priority Development Applications

The government is proposing to add a new Policy 1.6.7.5, which would require municipalities to fast-track priority development applications. While we support the need to streamline development approvals, we do not agree with the concept of fast-tracking priority applications. Given the shorter approval timelines approved under Bill 108, it would be challenging for the Region and the area municipalities to further fast-track applications. In addition, every applicant will likely request their proposal to be considered a priority. This approach could create an uneven playing field and lead to complaints of bias or unfairness in the process.

Recommendations:

The Province should not add new Policy 1.6.7.5 to require municipalities to fast-track priority applications.

Implementation and Interpretation

The government is proposing to restructure the implementation and interpretation policies of the PPS. Some policies in Part IV (Implementation and Interpretation) would be deleted and moved to Part I (Preamble), Part II (Legislative Authority) and Part III (How to Read to Provincial Policy Statement). One of the policies that would be deleted from Part IV and moved to Part III is Policy 4.9. This policy currently enables municipalities to adopt policies beyond the minimum standards established in the PPS. It is our view that Policy 4.9 is an implementation policy and is more appropriate in Part IV of the PPS.

Recommendation:

The Province should keep Policy 4.9 as currently written in Part IV of the PPS.

Thank you for giving us an opportunity to comment on this initiative. Please feel free to contact us if you have any questions, or would like to discuss our comments further.