Please be advised that Aird…

Please be advised that Aird Berlis LLP are counsel to Woodbine Entertainment Group (“WEG”), the owner of 555 Rexdale Boulevard in the City of Toronto (the "Woodbine Lands"). The Woodbine Lands are approximately 277 hectares (684 acres) in size and are generally bounded by Rexdale Boulevard to the north, Highway 27 to the east, Highway 427 to the west and the Metrolinx rail corridor to the south.

On April 6, 2023, the Minister of Municipal Affairs and Housing (the “Minister”) released Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (“Bill 97”), which proposes to amend various sections of the Planning Act, City of Toronto Act, 2006, Municipal Act, Development Charges Act, Building Code Act, 1992, Residential Tenancies Act, 2006, and Ministry of Municipal Affairs Act. These changes are made in conjunction with a proposed new provincial plan that was also released on the same day as Bill 97, the Provincial Planning Statement (the “New PPS”), which is intended to combine both the current Provincial Policy Statement (2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Amongst the changes made in Bill 97 is the addition of a new definition for “Area of Employment” and a provision regarding its application in section 1 of the Planning Act. These changes in Bill 97 accompany the addition in the New PPS of the a similar definition for “Employment Area” and proposed policies regarding same.

The Minister is now seeking comments from the public on Bill 97 through the Environmental Registry of Ontario (the “ERO”). This consultation process for Bill 97 is known as ERO No. 019-6821.
The purpose of this submission is to provide the Minister with our comments expressing general support for the new “Area of Employment” definition in subsection 1(1) of the Planning Act as well as to express our concerns about how the new definition may impact existing and permitted employment uses, such as stand-alone office and commercial uses, that are now expressly excluded from the definition. In particular, we respectfully recommend that the Minister coordinate the approval of the new “Area of Employment” definition in subsection 1(1) of the Planning Act with additional policies in the proposed New PPS that provide greater clarity on the status of the designation of these employment uses that are now excluded from the definition of “Area of Employment”. In addition, we also respectfully recommend that the Minister make additional changes to the Planning Act that will provide a greater directive to municipalities, including the City of Toronto, to update their Official Plan designations and policies as well as their zoning regulations to be consistent with the new “Area of Employment” definition proposed in Bill 97 and the related policies of the New PPS.

Please see attached cover letter for further details.