Response for the Corporation…

Response for the Corporation of the City of Windsor, through the Office of Windsor Mayor Drew Dilkens.

Windsor Comments - Proposed Planning Act (Schedules 3 and 7 of Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025)

Proposed Planning Act and City of Toronto Act, 2006 Changes (Schedules 3 and 7 of Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025) – Summary of proposal can be found here along with supporting documents: Proposed Planning Act and City of Toronto Act, 2006 Changes (Schedules 3 and 7 of Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025) | Environmental Registry of Ontario

City of Windsor Comments:
Engineering Comments:
Study Requirements and Certified Professionals:
• The City supports efforts to better establish expectations surrounding study requirements in an effort to streamline approval timelines. It is important to note that all background studies currently requested by the Engineering Department in support of Planning Act Applications are currently identified in the Official Plan.
• Despite the above it is important in a community such as Windsor where flat topography and clay underlying soils increase the risk of basement flooding to thoroughly consider and mitigate the impacts on existing infrastructure resulting from intensification efforts in support of increasing the housing supply. This is accomplished through review of servicing and stormwater studies.
• Considerable effort and funding has supported of the development of the City of Windsor Sewer and Coastal Flood Protection Master Plan and the Windsor/Essex Region Stormwater Manual to provide flood risk mitigation efforts as a result of severe storm events experienced in 2016 and 2017.
• Of particular concern is the potential requirement for municipalities to accept studies from certified professionals (Professional Engineers), assuming the intent of this legislative change will eliminate the municipality’s ability to challenge the assumptions, calculations and/or recommendations of such studies. As noted above, Windsor and Essex County have established regional standards in response to flood risk mitigation, which out of town engineering consultants may not fully appreciate and understand despite their professional designation, leading to the need for multiple submissions. Should a sweeping requirement such as this be implemented, it should be qualified by a requirement of such certified professional to have met all minimum standards established by the municipality.

Planning Comments:
Summary:
Bill 17 represents a significant restructuring of Ontario’s land use planning framework. While intended to accelerate housing approvals and reduce red tape, these changes constrain municipalities’ ability to:
• Ensure thorough upfront review;
• Request necessary technical studies; and,
• Resolve concerns before applications are considered by Council.
The cumulative effect could lead to lower-quality planning outcomes, decision deferrals, increased appeals, and weakened municipal influence overgrowth and development.

Conditional Minister’s Zoning Orders (MZOs):
• The Minister gains authority to impose conditions on MZOs.
• Conditions may be enforced through agreements registered on title.
• Enhances ministerial control while introducing enforceable obligations.
This change would only impact future MZOs and not the approval issued for the NextStar Energy facility.
School Zoning
• New restriction on Official Plan policies and Zoning By-law provisions preventing the prohibition of elementary or secondary schools on a parcel of urban residential land.
• The residential land use designation in the Official Plan currently permits minor institutional uses, which include elementary schools, daycares, and places of worship. Secondary schools are currently permitted within the Major Institutional land use designation, which would change under Bill 17.
• Similarly, the Zoning By-law typically permits a school within an Institutional (ID) District.
• This change will require amendments to the Official Plan and Zoning By-law.