January 16, 2019 Subject:…

January 16, 2019

Subject: Comments Open for Business Planning By-law (Bill66) Restoring Ontario’s Competitiveness Act, 2018 EBR Posting #013-4125 and 013-4239

I am pleased to submit the following comments with regard to the Province’s proposed Bill 66 “Open for Business Planning By-law” as part of the Restoring Ontario’s Competitiveness Act, 2018. The Township is providing the below comments.

Comments and Questions on Proposed Bill 66:
The Township provides the following comments and concerns relating to the following area:
- Health of communities across communities would be threatened by all provincial plans and policies being exempt from planning approvals process;
- Public notice and consultation should be a requirement of the zoning approvals process; and
- The ability for applicants to lobby and influence the decisions of the Minister and local requests for OFB by-laws.

A few key questions that Staff would like clarification on from the Ministry are as follows and are largely focused on whether municipalities have the ability to apply additional local controls or considerations in the approvals process for an OFB by-law:

- Can a municipality still undertake public consultation in the process for considering an OFB by-law, even though it is not required in the proposed amendments to the Planning Act?
- If a local Council feels to be appropriate, can a municipality still apply certain provincial policies and provisions (that would otherwise be exempt) in the process for considering an OFB by-law?
- If a local municipality applies certain provincial policies that are identified as being exempt from the passing of an OFB by-law, will the Minister modify the development proposal so that these policies are not being applied?
- Could a local municipality prepare a document that would be adopted by Council to identify the areas and guidelines under which OFB by-laws would be considered?
- Township Planning staff attended various meetings with the Province to discuss the policy implementation of the Staff attended multiple meetings with The Ministry of Municipal Affairs and Housing to discuss the Growth Plan Implementation for areas such as “Employment”, Natural Heritage System and Agricultural System Mapping; Settlement Boundary Expansions, and Density and Intensification Targets. Is the introduction of Bill 66 a result of those consultations or are further legislative changes forthcoming.
- If it is the goal of the Province to streamline Planning Approvals, it is suggested that the Natural Heritage and Agricultural System Mapping be placed on hold until further consultation with single, upper and lower tier municipalities. The Township of Tay has found this mapping to be a hindrance in not only attracting and streamlining employment uses from locating in our municipality, but also residential development.

Township of Tay is supportive of the general intent of Provincial initiatives to achieve all feasible efficiencies geared toward granting municipal and provincial approvals for economic development and job creation in the Township and County of Simcoe.

However, Planning and Development Staff of the Township of Tay does not support all matters in proposed within Bill 66 that abandon collective provisions that would allow any Open-For-Business Bylaw (OFB-ZBL) to circumvent existing Provincial legislative provisions and existing Provincial Plan policy provisions enacted and approved by the Province to protect all environmental matters and natural heritage related resources and functions,

Planning and Development Staff does not support all matters in within Bill 66 that abandon collective requirements that would allow any Open-For-Business Bylaw (OFB-ZBL) to circumvent existing Provincial legislative provisions and existing Provincial Plan policy provisions enacted and approved by the Province to ensure an open and transparent planning process, including public enquiry, commenting and appeals procedures.

If you have any further questions, please contact me at (705) 594- 7248 or by email at sfarquharson@tay.ca

Sincerely,
The Corporation of the Township of Tay

Steven Farquharson, B.URPL MCIP RPP
Director of Planning and Development