January 18, 2019 The…

January 18, 2019

The Honourable Steve Clark, Minister
Ministry of Municipal Affairs and Housing
17th Floor, 777 Bay St.
Toronto, ON M5G 2E5

Honourable Sir,
RE: Township of King Planning Department Report Number P-2019-02
Proposed Changes to Planning Act: Bill 66’ Open for Business By-law
Policy Planning File # PP-2018-07
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Please be advised that at the Council Meeting of January 14, 2019, Council of the Township of King received and approved recommendations which were provided by the King Township Planning Department regarding an overview of the proposed changes to the Planning Act specifically “Bill 66: Restoring Ontario’s Competitiveness Act, 2018”.

We respectfully submit the Council endorsed comments as outlined in Planning Department Report Number P-2019-02, a copy of which is attached for your information and file, which identifies comments and concerns King Township would like the Ministry of Municipal Affairs and Housing to take into consideration during the review process.

Summary of Comments to the Province on Bill 66:

1. Bill 66 Review Process:
a. Additional time for municipalities to adequately review Bill 66 is requested.
b. Pre-conditions, prescribed criteria, and supporting information to be submitted are key matters, the details of which should be considered as part of the changes proposed by Bill 66 for municipalities to better understand how the OfB may be used.
c. Draft regulations providing pertinent details are necessary to understand the open for business by-law framework, and should be made available.

2. Exemptions from Provincial and Local Policy:
a. The Province should consider a “hybrid approach” to provincial and local policy exemptions, whereby a municipality can determine which policy areas could be reasonably exempted and which ones need to be considered on a site-specific basis.
b. Clarification is required as to how lands subject to an OfB would be designated under a municipal Official Plan if official plan conformity is not required, particularly where the existing designation differs from that which would typically be required.
c. Clarification is required as to how the lands subject to an OfB would be zoned. Would the existing zone remain in place with a site-specific exception, or would the OfB rezone the lands to an appropriate employment zone?

3. Site Plan Control:
a. Matters such as architectural detail and sustainable design are as important as other aspects included in municipal review of site plans. Bill 66 should allow municipalities to apply these requirements to developments approved under an Open for Business By-law.

4. Public Consultation:
a. The Province should require public consultation to be conducted as part of the consideration of an OfB.

5. Process:
a. Discretion should be provided through language in Bill 66 to enable municipalities to assess which exemptions from policy sections or plans may be appropriate as part of the OfB process on a case-by-case to reduce barriers to attracting business. Full exemptions from all Provincial and local policies may act as a deterrent to the use of the open for business tool.

6. Permitted Uses
a. The Province should include language in Bill 66 itself pertaining to which uses would be permitted under an Open for Business By-law.

7. Open for Business By-law
a. Clarification is required as to whether typical zoning provisions (i.e. setbacks; coverage; height; etc.) can be included in an OfB.
b. Is the municipality able to revoke the OfB at its sole discretion in such cases where the use specifically permitted by an OfB relocates or goes out-of-business? Additional information and clarification is required.
c. Clarification is required as to whether a future property owner is able to apply to amend the OfB for a use that was not originally intended to be permitted under Bill 66 (i.e. retail or residential)? If so, what would be the amendment process (a typical official plan and/or zoning by-law amendment process under the Planning Act)?

8. Provincial Approval of Open for Business By-law:
a. The Province should confirm what the prescribed criteria will entail. This information would be helpful to inform municipalities’ review of Bill 66 and should be made available.
b. The Province needs to provide details respecting the municipality’s recourse in the event that the Minister’s modifications to a municipal OfB are not satisfactory to the municipality. Confirmation is required as to whether the OfB be immediately revoked by the municipality?
c. Additional language should be added to Bill 66 to state explicitly that a decision of a municipality not to enact an OfB cannot be appealed to or reviewed by any court.

In addition to the comments above, contained in Report P-2019-02, please accept the following comment identified at the Council Meeting of January 14, 2019 for the Province’s consideration:

Additional Comment: The Clean Water Act, 2006 is significant legislation, the intent of which is the protection of existing and future water sources, and public safety. To this end, the reference to the Clean Water Act in subsection 34.1(6) of Schedule 10 to Bill 66 should be removed.

The formal Letter to the Honourable Steve Clark, and Township of King Planning Department Report No. P-2019-02 are attached in support of the above submission.