The Township of King…

   The Township of King Planning Department reported to the Committee of the Whole (Council) on the proposed Bill 139 transitional provisions on January 8, 2018 in Planning Report No. P-2018-02 titled “Overview of the Proposed New Regulation under the Planning Act to Prescribe Transition Provisions for Bill 139, Building Better Communities and Conserving Watersheds Act”.  Planning Report P-2018-02 recommendations were adopted as presented. At the Council meeting, members of Council noted strong concerns with the proposed transitional provisions and stressed the importance of the Province strengthening the transition provisions so that any appeals received after the first reading of Bill 139 are sent to the LPAT. Concerns regarding the high volume of appeals that the Township has received in anticipation of Bill 139 receiving Royal Assent were also noted.

  The following recommended comments were endorsed by the Township of King Council on January 8, 2018 as part of Planning Report P-2018-02:

 1.King Township recognizes that changes that the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139) makes to the lands use appeal process are substantial and the Province is commended for placing greater emphasis and regard for decisions of elected councils. 2.King Township has received a number of appeals to the Ontario Municipal Board on applications where Council has not made a decision. The influx of appeals appears to be a result of the anticipated changes presented by Bill 139. Consider strengthening the transition provisions to require all appeals received after the first reading of Bill 139 (May 30, 2017) be heard under the new system and be referred to LPAT, once established. This would better reflect the overall status of these applications at the time the Provincial intentions with Bill 139 were established. It may also encourage applicants to work with the municipality towards a solution, rather than appeal applications at the first opportunity.

 3.The transitional provisions which allow complete applications at the time of Royal Assent to appeal under the current system to the Ontario Municipal Board will encourage even more appeals which delays implementation until the new rules come into force. Consider at a minimum, strengthening the transition provisions to require all appeals received after Royal Assent be referred to the LPAT. This may encourage applicants to work with the municipality towards a solution, rather than appeal applications at the first opportunity.

[Original Comment ID: 211941]