The following comments are…

The following comments are provided by staff of the City of Kingston Planning Division regarding the amendments proposed to the Planning Act by Bill 66, Restoring Ontario’s Competitiveness Act, 2018. Schedule 10 of Bill 66 proposes to amend the Planning Act to add a new Section 34.1, which would allow local municipalities to pass open-for-business planning by-laws.

The open-for-business planning by-law would be exempt from several Planning Act requirements that typically govern the passage of zoning by-laws, such as the Provincial Policy Statement and municipal Official Plans. Staff do not support these broad exemptions as they have the potential to negate the long-term vision for land use planning and development established in the City’s Official Plan as well as the policy direction established in the Provincial Policy Statement.

Additionally, staff have concerns as the proposed changes could potentially result in municipalities bypassing policies designed to protect drinking water resources and the environment (such as the Clean Water Act, 2006, the Great Lakes Protection Act, 2015, the Greenbelt Act, 2005, the Oak Ridges Moraine Conservation Act, 2001, and the Lake Simcoe Protection Act, 2008).

The proposed framework to approve an open-for-business planning by-law would allow municipalities to bypass the public consultation process that is typically required for a zoning by-law amendment. Staff have concerns regarding this approach as it is contrary to Kingston City Council’s commitment to transparency and citizen engagement as an initiative under its Open Government priority. Further, it weakens the democratic planning approvals process currently required under the Planning Act which is intended to support enhanced public engagement in planning matters.

Thank you for the opportunity to comment. Should you have any questions regarding these comments, please contact the undersigned.

Sukriti Agarwal, MCIP, RPP, AICP
Project Manager, Planning Division
Planning, Building & Licensing Services
City of Kingston
Phone: 613-546-4291extension 3217
Email: sagarwal@cityofkingston.ca