Town of Oakville detailed…

Town of Oakville detailed comments included within the attachment

Town Considerations: The result of the new changes from Bill 17 to section 47 is that the Province would now be able to set conditions for both zoning and subdivision approvals through an MZO. Of note, the Minister of Infrastructure has been granted authority to exercise Minister’s Zoning Order under s.47 of the Planning Act. Although it is not contained explicitly in the Act, it was completed through an Order in Council and is understood to be in full force and effect.

The conditions that the Minister would be able to set when using a MZO are similar to what the Town can already do using a “holding provision” — which require certain things to be done before new zoning rules take effect, like building a road or ensuring that servicing is available. This would be a new authority for the Minister.

The Planning Act already allows the Minister to reclaim its authority to approve plans of subdivision from the Town using an MZO (or other order by the Minister). This authority also allows the Minister to set conditions and require the landowner to enter into an agreement (such as a subdivision agreement) before a plan of subdivision can be registered with the Land Registry Office.

Comments to the Province: The Town strives to work co-operatively with the Province. To that end, the Town can be helpful in assisting the Minister in establishing conditions for zoning and subdivision approvals where those are implemented through a Minister’s Zoning Order. The Town offers caution in the use of MZOs by the Minister without the benefit of understanding local context.

Similarly, reducing a municipality’s autonomy in decision-making means that local Councils cannot respond to local issues and tailor results to a community’s needs. The provincial government has done well to establish its broad goals to address the housing crisis – which Oakville generally supports. It is now up to municipalities to meet those goals in ways that support their individual constituencies through local planning decisions, without cumbersome Provincial involvement.