Ken Petersen…

   Ken Petersen

 Manager

 Ministry of Municipal Affairs and Housing

 Local Government and Planning Policy Division

 Provincial Planning Policy Branch

 777 Bay Street, Floor 13

 Toronto ON, M5G 2E5

  And

  Ministry of the Attorney General

 Agency and Tribunal Relations Division

 720 Bay Street, 3rd Floor

 Toronto, ON M7A 2S9

  Dear Ken,

  Re: EBR013-1788 Transitional Provisions, EBR013-1790 Minimum Requirements, and 17-MAG011 Local Planning Appeal Tribunal Regulations

  Thank you for the opportunity to comment on proposed regulations to implement reforms to the land use planning and development appeals system in Ontario. The Region has an active interest in these reforms and has provided comments to the Province throughout this reform process.

  Comments identified by the Region regarding the regulation proposals focus on the need for rapid proclamation to provide certainty in this time of change, greater clarity for stakeholders with respect to requirements for applications and appeal materials, and adequate resourcing to manage the transition and provide the planned level of service.

  EBR 013-1788 Transitional Provisions

  With respect to EBR 013-1788, outlining transitional matters, proclamation to bring the changes in Bill 139 into force as soon as possible is important. This will provide greater certainty in the transition from the Ontario Municipal Board to the Local Planning Appeal Tribunal.

  The Region is undertaking a comprehensive review of the Regional Official Plan that includes conformity with Provincial Plans and Policies. Timely proclamation will provide greater certainty for the Official Plan Review and other land use planning matters in Peel. Peel is the second largest municipality in Ontario after Toronto.

  EBR 013-1790 Minimum Requirements

  While the level of detail is limited with respect to the regulation in EBR 013-1790, the Province is encouraged to provide greater clarity through regulations for all stakeholders.

  In particular, when outlining minimum requirements for information submitted with land use planning applications and record of materials sent to the Local Planning Appeal Tribunal on appeal, the following matters should be considered:

  •These requirements should be responsive to a diversity of application types ranging from minor variances to complex land use planning policy, be capable of being implemented by municipalities and applicants large and small, and of being understood by a variety of stakeholders;

  •Regulations should also provide guidance on the information that should be before Council in making its decision, and the manner in which it can be made available (e.g. studies referenced in a staff report and available online or upon request, rather than attaching all physical documentation directly to staff reports and Council agendas). There are practical considerations as to the use of Council agenda documents. Planning decisions undertaken by approval authorities often leverage extensive technical advice provided by a variety experts. In these instances, requiring that all documentation be directly included in a Council agenda can become burdensome. Providing the opportunity for this extensive technical advice to be available elsewhere, in a readily accessible format to stakeholders and the general public, instead of directly embedded in a Council agenda is recommended.

  •Regulations should also provide some flexibility in how municipalities record and submit the information that was available to Councils to inform their decisions;

  •When revising required information to include in notice of adoption of proposed amendments under Ontario Regulation 543/06, it is recommended that requirements be concise, clearly identify the types of information that must be included, and direct stakeholders to  information that facilitates participation in the appeals process (e.g. types of decisions that are appealable, and where to seek information on appeal processes and legal support);

  •Requirements should recognise the use of digitized materials using common/open file formats to facilitate open access of data and decisions and review of evidence through the internet, and;

  •Lastly, plain language and accessibility requirements should be considered to facilitate broad understanding of applications and appeals documentation.

 17-MAG011 Local Planning Appeal Tribunal Regulations

  With respect to 17-MAG011, outlining transition, timelines for proceedings, time limits for submissions at oral hearings for major land use planning appeals, practices and procedures for tribunal proceedings, it is recommended that:

  •Adequate resourcing is available to both the Ontario Municipal Board and the Local Planning Appeal Tribunal to manage the transition seamlessly, and to provide the planned level of service to ensure overall timelines for current and future proceedings before the Ontario Municipal Board are met, in addition to future proceedings before the Local Planning Appeal Tribunal;

  •Further detail be provided, for instance, key milestone dates and whether the proposed overall timelines include the decision of the Local Planning Appeal Tribunal, for the various types of proceedings that have overall timelines identified in 17-MAG011 to ensure they can be realistically implemented;

  •Procedural guidelines ensure timely review, assessment, and decisions on appeal applications by the Local Planning Appeal Tribunal.

  The Ontario Municipal Board has shaped land use planning and development appeals for over a century and its transition into the Local Planning Appeal Tribunal is challenging. The Region is committed to contributing towards a seamless transition.

  Cordially,

    Arvin Prasad, MPA, RPP, MCIP

 arvin.prasad@peelregion.ca

 Director, Integrated Planning,

 Public Works,

 Region of Peel

[Original Comment ID: 212107]