Submitting Comment on behalf…

Submitting Comment on behalf of the Corporation of the City of Windsor, through the Office of Windsor Mayor Drew Dilkens.

Windsor Comments - Proposed Regulations – Complete Application

Proposed Regulations – Complete Application – Summary of the proposal can be found here along with supporting documents: Proposed Regulations– Complete Application | 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:
Complete Application Changes:
A planning application is considered complete when it includes all of the prescribed information and material as set out in the Planning Act and its regulations AND all additional information enabled by the Official Plan. Municipalities may require additional studies or reports (e.g., transportation, environmental, urban design) that are often tailored to local context and planning priorities as outlined in their official plans.
Bill 17 introduces a series of amendments that aim to limit the extent of the municipality’s powers in deeming an application complete. It proposes to change the Planning Act and associated regulations in the following ways:
1. Municipalities can only ask for supporting application information and material that is set out in its Official Plan as part of a complete application.
2. The Minister may by regulation:
a) prescribe a list of matters for which studies cannot be required as part of a complete application (currently proposing to exclude Sun/Shadow, Wind, Urban Design and lighting reports).
b) identify the only studies that could be required as part of a complete application; and,
c) specify qualified professionals from whom municipalities would be required to accept studies.
3. Municipalities will require written approval from the Minister before adopting an official plan amendment to change the requirements for a complete application.
Currently, the City has 30 days to review an application submission (including all required supporting material) and determine if it meets the requirements of a complete application. The completion of this stage is important as it starts the clock on when a municipal decision must be made before the applicant is in the position to appeal to the Ontario Land Tribunal for a non-decision. It is unclear at this point, but presumably this 30-day period will be eliminated, and an application will be deemed to be complete when the prescribed information and fee are provided to the municipality.

Quality of the Submitted Information:
The proposed changes reduce the submission of required studies to a check box exercise when it comes to the complete application requirements. Currently, a development proposal does not move out of the pre-consultation stage if the quality or findings of a required support study are lacking or in dispute by administration or a commenting agency. Amendments are required for any studies that do not address the intended scope (which will also be limited under Bill 17) or the conclusions are in question. Notwithstanding any municipal concerns with the study’s contents or findings, issues with the study’s contents would go to the merits of the application, not the “completeness” of the application under Bill 17. In other words, any issues with the reports would have to be addressed after the application has been deemed complete and the decision clock has started. This may impact the Planning recommendation provided to Council if the issues with the studies cannot be resolved prior to the Council meeting with a recommendation that accounts for all of the potential impacts.
Additionally, there is no guarantee around the timing of when any additional reports or studies permitted by the Official Plan will be submitted once the application is deemed complete. There is a chance that the requested additional reports or studies are not provided to the City because the only leverage available to the municipality at this point is an unfavourable recommendation, which would be subject to an appeal.

Timing:
Bill 109 amended the Ontario Planning Act to establish mandatory timelines for municipalities to make decisions on various planning applications after they are deemed complete. These timelines include:
• Official Plan Amendments: 120 days
• Zoning By-law Amendments: 90 days
• Plans of Subdivision: 120 days
• Site Plan Applications: 60 days
The timelines for evaluating the merits of the application are already challenging with the existing legislated notification and public meeting requirements. This is further complicated if administration has to work through a number of technical issues (i.e. the merits) with the support studies and reports. These timelines may challenge administration’s ability to coordinate interdepartmental and agency feedback, analyze the merits of the proposal, and prepare a report for Council that reflects community and technical concerns.

Not Permitting Certain Studies:
Additionally, Bill 17 proposes to exclude Sun/Shadow, Wind, Urban Design and lighting reports from the list of required support documentation. These types of studies are typically considered best practices in urban planning, especially for mid- to high-density developments. They allow the municipality to assess impacts on adjacent properties and public spaces, maintain urban design quality and facilitate compatibility with the surrounding neighbourhood. Limiting these studies can lead to a loss of the limited design oversight for intensification projects; reduced ability to mitigate negative impacts on neighbouring properties, and challenges in ensuring high-quality public realm outcomes. It could also require additional staff resources if this analysis is completed by administration as part of the application review.

Ministerial Approval for Official Plan Policies:
Municipalities must obtain written approval from the Minister of Municipal Affairs and Housing before adopting any Official Plan amendment affecting requirements for a complete application. The City of Windsor recently updated Chapter 10 of its Official Plan, which sets out studies that are required to accompany a complete application (amended on September 9, 2024). Any subsequent updates to this section will be submitted to the Minister for approval.