Amendment to Ontario Regulation 826 to add the Pleasant View Survey lands within the Niagara Escarpment Plan area in the City of Hamilton to the area of development control

Background

This area is comprised of approximately 400 hectares bound approximately by Highway 6 to the east, Patterson Road to the north, York Road and Valley Road to the west, and the Canadian National Rail Line to the south (see map). The lands were generally added to the Niagara Escarpment Plan (NEP) by way of Plan Amendment PW 179 09, approved by the Minister of Natural Resources on October 28th, 2013.

While the approval of the Plan Amendment in 2013 made the Pleasant View Survey lands subject to the policies of the NEP the lands remained outside of development control and therefore remain subject to municipal zoning rather than to development control under the Niagara Escarpment Planning and Development Act (NEPDA).

As a temporary measure, the City of Hamilton has enacted an interim control bylaw to address conflict between a City zoning bylaw and the policies in the NEP. The Niagara Escarpment Commission (NEC) and City of Hamilton have requested that the Minister enact a long-term solution by bringing the Pleasant View Survey Lands within development control.

Hamilton City Council and the NEC​​​​​ have both requested that the Ministry of Natural Resources and Forestry pursue adding the Pleasant View Survey lands to the area of development control.

Proposed amendment to Ontario Regulation 826

Ontario Regulation 826 is a Minister’s Regulation, under the NEPDA which establishes the area of development control within the Niagara Escarpment Planning Area.

Development on the Niagara Escarpment in an area under Development Control, unless specifically exempted, is subject to the policies of the NEP and requires a development permit from the NEC.

The NEC has undertaken a comprehensive mapping project to change the description of the entire area of Development Control from metes and bounds descriptions to digitized maps. These maps are now finalized and with the Office of the Surveyor General and will be effective July 1, 2021. This is a subsequent amendment to that Regulation.

Adding the Pleasant View Survey Lands to the area of development control would provide for uniformity, consistent application and allow the NEC to assess development against NEP policies and development criteria.

Applying the addition of the Pleasant View lands to the area of development control requires an amendment to Ontario Regulation 826, a Minister’s Regulation under the NEPDA and notice of policy regulation proposal on the Environmental Registry which will be linked to information provided on the NEC website

This proposal will not impact the policies or associated boundaries of the Greenbelt.

Regulatory impact analysis

The anticipated environmental consequences of the proposal are expected to be neutral as the NEP policies will not change, rather the Niagara Escarpment Commission will become the implementing authority rather than the City of Hamilton.

Likewise, the anticipated social and economic consequences of the proposal will be neutral as only the implementing authority will change.

There will only be minor administrative cost adjustments as the NEC will become the implementing authority and issue development permits in the area rather than the City of Hamilton. As such the NEC could expect minor administrative cost and staff time increases. The City could expect cost decreases in staff time but also in their revenue from planning application fees.