019-6821 This comment is…

019-6821

This comment is specific to the proposed amendment to section 38(4) of the Planning Act which proposes to amend the Act to provide for a right of appeal of an interim control by-law (ICBL) by those persons or public bodies who where given notice of its passing.

The purpose of interim control by-laws was described by the Ontario Court of Appeal in Equity Waste Management of Canada Corp. v. Halton Hills (Town) (1997), 1997 CanLII 2742 (ON CA) as follows:

"Interim control by-laws reflect "the Legislature's belief that a balancing of interests between the municipality and individual land owners should be built into the planning process in order to protect against over-development contrary to the public interest": Pepino and Watt, "Interim Control By-Laws and the Ontario Municipal Board" (1988), Insight at p. 3. … A municipality must give notice of a zoning by-law before passing it, but does not have to give notice of an interim control by-law until after it has been passed, thus enabling the municipality to act quickly if necessary to freeze development. …

Interim control by-laws are, therefore, an important planning instrument for a municipality. They allow the municipality breathing space to rethink its land use policies by suspending development that may conflict with any new policy."

An appeal of an ICBL would impact upon a municipality's ability to "act quickly" as, presumably, no ICBL would be in force until the appeal is heard. Alternatively, if it is proposed that the ICBL is in force pending the outcome of an appeal, the effect of any appeal may be lost given the length of time that it would take for the Ontario Land Tribunal (“OLT”) to hear the matter. Would appeals of an ICBL to the OLT be expedited? Will there be Regulations setting out the grounds for an appeal of an ICBL and the basis upon which it will be decided?

Given that the purpose of this proposed legislation is to promote more housing development and assist homebuyers, the proposed amendment to section 38(4), if included at all, should be limited to ICBLs that relate to a freeze upon residential development only. To do otherwise could result in significant consequences which may impact upon the quality of life of residents and the Province's own housing targets.