Regarding the Planning Act…

Regarding the Planning Act changes for as-of-right minor variances, Bill 60 would build on the regulation from Bill 17 and allow for the Minister of MMAH to pass further regulation to permit more as-of-right variations to other zoning standards. For example, the Minister could prescribe an allowance to exceed a maximum height of a building or reduce the minimum amount of landscaped area by a percentage. These changes could have a variable effect, which could be positive and negative depending on the matters that become prescribed by the Minister. Staff note concerns that providing as-of-right minor variances to the zoning by-law in excess can lead to a cumulative effect on how impactful development can be.
Furthermore, the City is in the process of recommending a delegation of authority by-law to expedite the planning process including minor variances in accordance with the Housing Action Plan (HAP).

Regarding the Planning Act changes for the Policy Statements, Minister’s Decisions, and MZOs, the proposed regulation would allow decisions of the Minister of MMAH to be inconsistent with the Provincial Planning Statement and make Minister’s Zoning Orders (MZOs) no longer regulations under the Legislation Act. Staff note concerns that these changes could by-pass policies and procedures at both the provincial and municipal levels. The Provincial Planning Statement (PPS) dictates that infrastructure and public service facilities shall be provided in an efficient manner for the City’s projected needs and shall be coordinated and integrated with local policies to be fiscally viable through asset management planning. As proposed by Bill 60, MZOs could potentially impact how the City can conduct due diligence for and manage its infrastructure assets; and reduce the cost-effectiveness and efficiency of existing and planned infrastructure.