In its present form,…

In its present form, Schedule 10 of Bill 66 (Restoring Ontario’s Competitiveness Act, 2018) makes it possible for certain municipalities to implement “open-for-business” planning by-laws that would override existing legislative limitations on use of land, buildings or structures for a prescribed purpose within designated areas. 



Unfortunately, the proposed legislation does not permit municipalities under the wide jurisdiction of the Niagara Escarpment Planning and Development Act (NEPDA) to put forward analogous open-for-business planning by-laws. Section 13 (see below) of the NEPDA prohibits such. 



"By-laws, etc., to conform to Plan


13 (1) Despite any other general or special Act, when the Niagara Escarpment Plan is in effect,


(a) no municipality or local board as defined in the Municipal Affairs Act having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, and no ministry, shall undertake any improvement of a structural nature or any other development or undertaking within the Area if the improvement, development or undertaking is in conflict with the Niagara Escarpment Plan; and
(b) no municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, shall pass a by-law for any purpose if it is in conflict with the Niagara Escarpment Plan.  2000, c. 26, Sched. L, s. 7 (6); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, ss. 7, 12 (1)."



In order to provide Niagara fair and equal footing — ensuring municipalities in the Region are able to be competitive and prosper — section 1 of Schedule 10 of Bill 66 would need to be amended by adding the following to the list in the new proposed subsection 34.1(6) of the Planning Act:



“Section 13 of the Niagara Escarpment Planning and Development Act”