The proposed Bill 162 should…

The proposed Bill 162 should be amended to restore the modifications previously made to the Hamilton Official Plan by the Minister of Municipal Affairs adding settlement area to accommodate growth. Those previous modifications, which were reversed by Bill 150, were properly made to ensure conformity with the Growth Plan for the Greater Golden Horseshoe and the Provincial Land Needs Assessment Methodology. They were also consistent with the Provincial Policy Statement. In making the original modifications, the Minister was acting in conformity with his legal obligations under section 3 of the Planning Act. The City of Hamilton's decision to adopt a "no settlement area expansion" to 2051 Official Plan was clearly contrary to their City's legal obligations under the Planning Act - and Council was aware of that, based upon clear correspondence sent to the City by Ministry Officials. It will also contribute to worsening the housing supply crisis that is particularly harmful to young families and new Canadians who are being denied an opportunity to share in the traditional Canadian dream of home ownership.

In addition, the settlement area boundary should be drawn to reflect the 30 NEF/NEP contour to restrict sensitive uses around airports, as provided in policy 1.6.9.2 of the Provincial Policy Statement. Hamilton utilizes an unduly more restrictive 28 NEF/NEP contour, resulting in the loss of significant new potential housing, contrary to Provincial (and Federal) policy.

In the event that the Government is not prepared to propose such amendments to Bill 162, at a minimum, it should introduce amendments to restore the Minister's authority pursuant to section 17 (55) of the Planning Act to refer issues such as those identified in this submission to the Ontario Land Tribunal for a hearing, where they can be decided on the merits based upon the presentation and cross-examination of expert evidence.