Proposed open-for-business planning tool

The government is proposing to make changes to the Planning Act to create a new economic development tool, the open-for-business planning by-law. The tool would be available to all local municipalities to ensure they can act quickly to attract businesses seeking development sites.

In circumstances where there are major employment and economic growth opportunities, municipalities could request to use an open-for-business planning by-law, provided certain criteria was satisfied.

The tool would support the government's 1-year service standard for provincial approvals related to these land use planning proposals.

If a request is endorsed, the municipality could pass an open-for-business planning by-law through a streamlined process. This process would:

• Allow municipalities to permit the use (i.e., zone the lands) without having to strictly adhere to existing local requirements (e.g., official plan and zoning);
• Remove the application of a separate approval process for site plan control;
• Remove ability to use density bonusing (community benefits in exchange for height or density) and holding by-law provisions;
• Allow the municipality to impose limited planning-related conditions that may help to facilitate the proposal [e.g., approval of plans and drawings that show site plan matters (transportation access, lighting, parking, etc. )] and enter into agreements to ensure development conditions are secured;
• Allow public consultation at the discretion of the municipality, while requiring public notice after the by-law is passed (at a minimum);
• Provide that decisions are final and cannot be appealed to the Local Planning Appeal Tribunal (but allow the Minister of Municipal Affairs and Housing to intervene before the by-law comes into effect, 20 days after its passing);
• Remove the requirement for decisions to strictly adhere to provincial policies and provincial plans (but allow the Minister of Municipal Affairs and Housing to impose conditions to protect matters like public health and safety when endorsing the use of the tool).

The proposed legislative changes would create regulation-making authority to provide criteria for the use of the proposed new tool.

Overall, the proposed changes would help ensure municipalities are equipped with the tools they need to quickly respond to emerging job creation opportunities.