Thank you for the…

Thank you for the opportunity to provide comment on the “Proposed Planning Act and City of Toronto Act Changes (Schedules 9 and 1 of Bill 23 – the proposed More Homes Built Faster Act, 2022) and the “Proposed Changes to Ontario Regulation 299/19: Additional Residential Units. Nottawasaga Valley Conservation Authority (NVCA) provides the following comments on Schedule 9 of the proposed More Homes Built Faster Act and the proposed changes to O.Reg. 229/19.

1) Addressing the Missing Middle:

Bill 23 proposes changes to strengthen the existing additional residential framework which would allow “as-of-right” up to 3 units per lot in settlement areas with full municipal water and sewage services.

NVCA is concerned that the proposal may put people and property at risk of natural hazards. Municipal planning documents (Official Plans and Zoning By-Laws) may not contain the most up-to-date natural hazard mapping. As a result, many existing properties subject to natural hazards are zoned for residential uses. By only considering zoning intentions, without recognizing that some homes are already built on hazard lands, this approach may put many more residential units in flood prone areas, increasing the risk to life and making effective flood emergency response more difficult and more expensive.

It is recommended that an amendment be made to the “as-of-right” zoning to specify “except in areas subject to natural hazards”. Conservation authorities can help determine appropriate development locations outside of natural hazard areas. Our expertise includes identifying flooding and erosion hazards, ensure the additional units conforms to the significant threat policies and designated Great Lakes policies found within source protection plans made under the Clean Water Act.

2) Site Plan – Exemption for Development up to 10 units

Bill 23 proposes to exempt all aspects of site plan control for residential development up to 10 units. This change will limit municipalities’ ability to regulate development and the opportunity for conservation authorities to identify natural hazard challenges earlier in the development process.
It is recommended the province develops that guidance to encourage early pre-consultation with municipalities and conservation authorities to identify and work through any issues with the proposed development, including issues associated with natural hazards or the protection of sources of drinking water.

3) Conservation Authorities

Through amendments to the Planning Act via the Ministry of Municipal Affairs and Housing proposal notice, the province is only allowing conservation authorities to appeal land use decisions under the Planning Act as an applicant, not as a public body.

The proposed changes to the will limit appeals on Planning Act matters by conservation authorities to natural hazards only. While NVCA staff appreciate the province’s desire to focus conservation authorities to their core mandate, it appears that this change will limit the ability of conservation authorities to appeal Planning Act decisions where wetlands are impacted. This is a key component of a conservation authority’s mandate as indicated recently through the Ontario Regulation 686/21 – Mandatory Programs and Services.

As Provincial Plans and the Provincial Policy Statement do not explicitly include wetlands as a natural hazard, it is our recommendation the province provides clarification and confirm that conservation authorities may appeal Planning Act decisions related to wetlands.