This consultation was open from:
May 31, 2017
to July 15, 2017
Decision summary
The Building Better Communities and Conserving Watersheds Act, 2017, was passed on December 12, 2017. Once in force, it will give communities a stronger voice in land use planning and replace the Ontario Municipal Board with the Local Planning Appeal Tribunal.
Decision details
Updates
This notice was originally published on May 31, 2017 for a 75-day comment period ending August 14, 2017. The notice was republished on August 11, 2017 to extend the deadline to submit comments to September 1, 2017.
Decision of act
The Building Better Communities and Conserving Watersheds Act, 2017 was introduced on May 30, 2017 and received Royal Assent on December 12, 2017.
The Act makes changes to the land use planning and appeal system, including amending the Planning Act and introducing new legislation, to:
- Create the Local Planning Appeal Tribunal to replace the Ontario Municipal Board
- Establish a Local Planning Appeal Support Centre to provide legal and planning help to Ontarians who want to participate in the Tribunal processes
- Support clearer and more timely decision making at the Tribunal
- Reduce the ability of the Tribunal to overturn municipal decisions that adhere to provincial plans, the Provincial Policy Statement and municipal official plans
- Give municipal elected officials greater control over local planning, resulting in fewer decisions being appealed.
The changes to the land use planning and appeal system will come into force on a date to be named by proclamation. In addition, the Building Better Communities and Conserving Watersheds Act, 2017 also provides authority to make regulations that set out rules for planning matters in process at the time of proclamation (i.e., transition).
Comment(s) received on the proposal: 47
Public Consultation on the proposal for this decision was provided for 93 Days, from May 31, 2017 to September 01, 2017.
As a result of public consultation on the proposal, the Ministry received a total of 47 comments: 29 comments were received in writing and 18 were received online.
Additionally, a copy of all comments are available for public viewing by contacting the Contact person listed in this notice.
Effects of consultation
Effect(s) of consultation on this decision
In total, the government received 88 submissions on the proposed changes identified in Bill 139 – the Building Better Communities and Conserving Watersheds Act, 2017. Of these, 47 submissions specifically cited the EBR Registry Number for this posting or were submitted electronically through the Environmental Bill of Rights Registry commenting form.
Submissions were made by members of the public, municipalities and a range of interested stakeholders, including community groups, development and professional sectors, and environment and resource-based sectors.
Although comments were specifically sought on the proposed changes to the Planning Act identified in Scheduled 3 of the Bill, a number of submissions also provided feedback on other proposed Ontario Municipal Board reforms in Schedules 1, 2 and 5 of the Bill.
All comments received were shared with both the Ministry of Municipal Affairs and the Ministry of the Attorney General and were carefully considered and analyzed by the government prior to the passing of the legislation. All comments and presentations made to the Standing Committee on Social Policy were also considered.
Summary of comments
Proposed planning act changes (Schedule 3)
A number of submissions expressed general support for the changes proposed in Schedule 3 of the Bill.
Many submissions supported proposed changes that would give communities a stronger voice and emphasize local decision-making, such as changes that would:
- limit the grounds of an appeal of a decision on an official plan or zoning by-law to consistency and/or conformity with provincial or local plans;
- limit appeals of certain matters (e.g. the initial passing of a municipal interim control by-law, and provincial decisions on new official plans and official plan updates); and
- provide greater stability for municipal planning documents by restricting amendments to new secondary (neighbourhood) plans for two years, unless supported by the municipality.
Some submissions, on the other hand, expressed concern with the proposed reforms. For example, the government heard concerns that some of the proposed reforms would give too much weight to decisions made by locally-elected officials and could potentially create delays in the process.
Other changes proposed in Bill 139 (Schedules 1 and 2)
The government heard support for proposed changes in the Local Planning Appeal Tribunal Act, 2017 intended to make hearing processes more efficient when a matter is appealed to the Tribunal. This includes changes such as requiring case management conferences for certain planning matters before the Tribunal and promoting opportunities for mediation.
The government also heard general support for proposed changes that would establish a new Local Planning Appeal Support Centre to provide legal and planning help to Ontarians who want to participate in the Tribunal processes.
However, some submissions expressed concerns that the proposed changes to the Tribunal’s hearing processes would limit procedural fairness and the ability for some to make their case at a hearing.
Transition and regulations
We heard from some stakeholders that they would like to know more detail about the proposed changes – particularly the detail that regulations would provide.
A number of submissions provided comments on how matters should be transitioned to the new system; however, the suggested approach varied between sectors. Some want to see the new system take effect immediately, while others would like the application of the new system to be delayed.
The proposed new and amended regulations related Bill 139, including proposed transition regulations, are posted on the Environmental Bill of Rights and Regulatory Registries for public consultation:
- EBR Registry Posting 013-1790: Proposed amendments to matters included in existing regulations under the Planning Act
- EBR Registry Posting 013-1788: Proposed new regulation under the Planning Act to prescribe transitional provisions for the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)
- Ontario Regulatory Registry Posting 17-MAG011: Proposed new regulations under the Local Planning Appeal Tribunal Act, 2017
Effect of the consultation on this decision
A number of the issues and recommendations raised as part of the consultation on the Bill and the feedback heard during Standing Committee resulted in amendments to the legislation.
In developing and finalizing the legislation, the government sought to achieve a balance between different views. Consideration was given to all comments received, while balancing the broader public interest and the need to ensure that there continues to be an effective land use planning and appeal system in Ontario.
As a result of the consultation, Schedule 3 of the Bill was amended during clause-by-clause consideration to:
- Allow the Tribunal to give effect to a settlement to which all parties have agreed.
- This change provides a stronger incentive for mediation at the Tribunal for matters dealing with official plans, official plan amendments and zoning by-law amendments, and is responsive to the many comments heard on Bill 139 and throughout the Ontario Municipal Board Review that expressed support for mediation.
- Require municipalities to include policies dealing with the adequate provision of affordable housing in their official plans.
- This change supports a key provincial interest in land use planning and aligns with existing provincial policies that require municipalities to plan for an appropriate range and mix of housing.
- Facilitate the making of a transition regulation that would provide rules dealing with appeals that are filed after Royal Assent, but prior to Proclamation.
- This change ensures that the Minister of Municipal Affairs has the authority to determine the appropriate transition rules to deal with appeals that have been launched shortly before the new system takes effect, and is responsive to many of the comments made requesting that the new system apply promptly after the passing of the Bill.
Other information
For more information and background on the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)
Schedule 4 of the Building Better Communities and Conserving Watersheds Act, 2017 makes changes to modernize the Conservation Authorities Act. For information on these changes, please visit Environmental Bill of Rights Registry posting 013-0561.
The proposed new and amended regulations related to Bill 139, including proposed transition regulations, are posted on the Environmental Bill of Rights and Regulatory Registries for public consultation:
- EBR Registry Posting 013-1788: Proposed new regulation under the Planning Act to prescribe transitional provisions for the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)
- EBR Registry Posting 013-1790: Proposed amendments to matters included in existing regulations under the Planning Act
- Ontario Regulatory Registry Posting 17-MAG011: Proposed new regulations under the Local Planning Appeal Tribunal Act, 2017
Supporting materials
Related linksClick to Expand Accordion
- Bill 139 - The Building Better Communities and Conserving Watersheds Act, 2017
- Ontario Municipal Board Review
- Planning Act
- City of Toronto Act, 2006
- Ontario Planning and Development Act, 1994
- EBR Registry Number: 012-7196 Consultation on role of Ontario Municipal Board i…
- EBR Registry number for MNRF Bill 139 (Schedule 5) – the proposed Building Bett…
- EBR Registry Posting 013-1790: Proposed amendments to matters included in exist…
- EBR Registry Posting 013-1788: Proposed new regulation under the Planning Act t…
- Ontario Regulatory Registry Posting 17-MAG011: Proposed new regulations under t…
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
777 Bay Street
13th floor
Toronto,
ON
M5G 2E5
Canada
Connect with us
Contact
Ken Petersen
777 Bay Street
13th floor
Toronto,
ON
M5G 2E5
Canada
Original proposal
Proposal details
Updates
This notice was originally published on May 31, 2017 for a 75-day comment period ending August 14, 2017. The notice was republished on August 11, 2017 to extend the deadline to submit comments to September 1, 2017.
Description of act
Bill 139 – the proposed Building Better Communities and Conserving Watersheds Act, 2017 proposes to introduce new legislation to replace the Ontario Municipal Board with the Local Planning Appeal Tribunal, and make amendments to existing legislation, including the Planning Act, to give communities a stronger voice in land use planning.
If passed, the proposed changes to statutes dealing with land use planning would:
- Give more weight to local and provincial decisions by changing the standard of review – the grounds for appeal on major matters would be limited to their failure to conform or be consistent with provincial and local policies
- Give municipal elected officials greater control over local planning by exempting a broader range of municipal land use decisions from appeal.
- Support clearer and more timely decision making
- Support government priorities on climate change
OMB reform initiative
The Planning Act sets out the ground rules for land use planning in Ontario. It defines the approach to planning and assigns or provides roles and responsibilities for decision-makers, applicants and the public. It also sets out opportunities for dispute resolution. Generally, matters may be appealed to the Ontario Municipal Board (OMB).
Currently, the Ontario Municipal Board (OMB) serves as an independent tribunal that makes decisions at arm's length from government, and hears matters under a large number of public statutes. The Board is the main adjudicator of disputes between land owners, neighbours and municipalities. The government believes it is important that Ontario continue to have an independent appeal tribunal that can resolve some land use disputes.
Since 2004, the government has implemented a series of land use planning reforms to make Ontario’s planning system more inclusive and transparent. However, the government continued to hear concerns about the role of the OMB in the land use planning system from municipalities, stakeholders and the general public.
The Premier’s 2016 mandate letters to the Minister of Municipal Affairs and the Attorney General directed them to undertake a comprehensive review of the scope and effectiveness of the OMB.
The review was launched in June 2016 and continued in the fall with the release of a consultation document which proposed possible changes. There was extensive consultation which included 12 regional town hall workshops, stakeholder meetings, an online consultation featuring a web-enabled consultation document, posting on the Environmental Bill of Rights (EBR Registry Number: 012-7196) and engagement with Indigenous communities and organizations.
The review resulted in over 1,100 submissions and more than 700 people attended the regional town halls.
The proposed amendments are primarily based on the suggested changes presented in a consultation paper and on the feedback received during the OMB review.
Proposed Planning Act amendments
Schedule 3 of the Bill proposes amendments to the Planning Act. Related amendments are also proposed to the City of Toronto Act, 2006 and the Ontario Planning and Development Act, 1994.
The proposed amendments, if passed, would among other matters:
- Give more weight to local and provincial decisions. It is proposed that major land use planning matters could only be appealed on the grounds that they don’t conform or aren’t consistent with provincial/municipal plans/policies.
- Bring fewer municipal and provincial decisions before the Tribunal, eliminating appeals of provincially approved municipal official plans and major updates. Municipal interim control by-laws, when first put in place would not be appealable, and applications to change new secondary (neighbourhood) plans would only be allowed within the first two years if the municipality supported them.
- Support transit by giving municipalities the ability to remove appeals (except by the province) of official plans and zoning by-laws that support appropriate development around higher-order transit such as trains, subways and buses.
- Make it clear that the Tribunal can only deal with official plan policies that are part of the municipal council’s decision.
- Remove the ability for anyone to require the Minister of Municipal Affairs to refer a minister’s zoning order to the Tribunal.
- Expand the authority of local appeal bodies to hear matters related to site plan control, which deals with disputes on individual properties such as things like landscaping, driveways or lighting.
- Give planning authorities more time to assess planning applications by extending the decision timelines by 30 days in relation to official plans and zoning by-laws.
- Require the Tribunal to send new material back to the municipality for re-evaluation when adjudicating subdivision appeals if the municipality requests the material be returned.
- Clarify that policy statements, like the Provincial Policy Statement, may identify matters that require specific provincial approvals for any of the matters provided for in the policy statement.
- Require that all municipalities include climate change policies in their official plans.
The proposed legislation provides more information and detail on all the proposed reforms and can be reviewed on the website identified below.
Purpose of act
The purposes of this Notice are:
- to advise the public that the province has proposed changes to the Planning Act, the City of Toronto Act, 2006, and the Ontario Planning and Development Act, 1994;
- to provide the basic outline of the proposed legislation (Schedule 3 of Bill 139 - the proposed Building Better Communities and Conserving Watersheds Act, 2017); and
- to provide 75 days for the public to comment on the proposed legislation by directing their written comments to the contact person noted below.
Public consultation
This proposal was posted for a 93 day public review and comment period starting May 31, 2017. Comments were to be received by September 01, 2017.
All comments received during the comment period are being considered as part of the decision-making process by the Ministry.
Please Note: All comments and submissions received have become part of the public record.
Other public consultation opportunities
A copy of the proposed legislation is available on the website identified at the bottom of this Notice.
Comments should be directed to the following Contact Person:
Ken Petersen, Manager
Provincial Planning Policy Branch
777 Bay Street, 13th floor
Toronto, Ontario, M5G 2E5
Phone: 1 (855) 776-8011
Email: OMBReview@ontario.ca
The government welcomes your input on this initiative. Comments can be provided electronically via this EBR posting, by email to OMBReview@ontario.ca, or by mail to the Contact Person identified above.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
777 Bay Street
13th floor
Toronto,
ON
M5G 2E5
Canada
Comment
Commenting is now closed.
This consultation was open from May 31, 2017
to July 15, 2017
Connect with us
Contact
Ken Petersen
777 Bay Street
13th floor
Toronto,
ON
M5G 2E5
Canada
Comments received
Through the registry
18By email
0By mail
29