January 28th, 2021 Hon…

January 28th, 2021

Hon. Steve Clark
Minister of Municipal Affairs and Housing
17th Floor
777 Bay Street
Toronto, Ontario
M5G 2E5

Re: Proposed implementation of provisions in the Planning Act that provide the Minister of Municipal Affairs and Housing enhanced authority to address certain matters as part of a zoning order (MZO) – (ERO Number: 019-2811)

Dear Minister Steve Clark:

We support the points raised in the letter from FoNTRA dated January 28, 2021 – addressed to Minister Steve Clark as part of a zoning order (MZO) (ERO Number: 019-2811).

The recently enacted legislative changes to the Planning Act enhance the Minister’s authority for zoning orders across the province. This enhanced authority does not apply to lands within the Greenbelt Area.

The enhanced authority allows the Minister to:
• require inclusionary zoning affordable housing (inclusionary zoning),
• remove municipal use of site plan control and require agreements between the municipality and development proponent (or landowner) concerning site plan matters, and;
• make amendments to Minister’s Zoning Orders that use any of these enhanced authorities without first giving public notice.

1) The changes being consulted on here were made under the Omnibus Bill 197, which went through the entire legislative process in 14 days. As you know Winston Churchill had a great saying, first we shape our buildings (whether they be affordable housing or transit) and then they shape us. Apart from the key point that the current government provides no proposal on how legislation it passed in record time is to be used, is it not realistic and critical to provide adequate time (at least double the amount of time due to COVID-19 restrictions) to provide a adequate window for consultation on a proposed implementation strategy.

2) What are the problems with Section 47 of the Planning Act that presage the Minister’s use of MZO’s to allow the government to build more affordable or attainable housing or deliver more transit infrastructure?

Is it the Planning Act or a straight forward reality like lack of funding? In addition, as we’ve seen with Omnibus Bill 197, should there not be more time allocated for discussion, consultation, and even ideation on the best possible ways to achieve housing and transit expansion?

3) Remove municipal use of site plan control. While site plan applications do not currently require public consultation, municipal governments and the citizens that make up these municipalities provide an option tool “to control access (for pedestrian and vehicles), walkways, lighting, waste facilities, landscaping, drainage, and exterior design, which ensures that a development proposal is properly planned and is designed to fit in with the surrounding uses and minimizes any negative impacts.”

With the removal of municipal use of site plan control, is the province going to assume the full liability of “negative impacts” that develop from a planned (or in this case “unplanned” development)? From Walkways to Exterior design, is it reasonable that local citizens who will be “shaped by these developments” should accept the Province’s override on site plan control?

In a time of growing concern about environmental sustainability, and the Great Reset from COVID-19, would it not be smarter to bring forward the best “municipal knowledge” in better detailing of site plan applications so that the municipality is behind a project and not part of the delays in getting it built.

Has the Province ever completed “post-mortem” success studies on development projects that have been fast-tracked using an MZO versus consultation with the municipality?

We support the recommendation that site plan control cannot be administered in an effective way at the provincial level, but must remain with the municipality. The broad strategic vision of needed public asset development should be managed via the fiscal, programmatic and legislative mandate of the provincial government, not by intervening, without public notice or consultation, in site specific applications. We look forward to your feedback.

Yours truly,

Governors Bridge Ratepayer’s Association

Chris Fraser
President