These comments are submitted…

These comments are submitted on behalf of the Regional Public Works Commissioners of Ontario, in response to the consultation on transition matters related to Schedule 12 of Bill 108, the More Homes, More Choices Act, 2019.

1. Transition
Proposed changes to the transition regulation (O. Reg. 174/16: “Transitional Matters – General”) would set out rules for planning matters in-process at the time certain components of Schedule 12 to Bill 108 are proclaimed.
Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the LPAT to make any land use planning decision will likely increase the number of appeals received. This in turn can be expected to increase legal costs, development costs, staff resourcing, and time required from all parties, including the Tribunal, to deal with an increased number and complexity of appeals.
Depending on the way the LPAT’s appeal decision changes the form and shape of the growth, this will also require that complex capital plans be redrafted, and in some cases may result in costly expansions of infrastructure capacity or stranded assets or less than optimal use of infrastructure.
In terms of transition, it is recommended that expanding the grounds for appeal should be limited to new appeals made after the legislation comes into force. Appeals made prior to the legislation coming into force, but without a hearing scheduled, should not be eligible for expanded grounds for appeal.

Thank you for considering these comments.

Nicola Crawhall
on behalf of RPWCO