This consultation was open from:
October 7, 2021
to November 21, 2021
Decision summary
Changes have been made to the Planning Act, Municipal Act, 2001 and City of Toronto Act, 2006 providing municipalities with discretionary authority to delegate additional decisions to committees of council or municipal staff for minor amendments to zoning by-laws.
Decision details
Bill 13, the Supporting People and Businesses Act, 2021, was introduced on October 7, 2021. Schedule 19 of the Bill makes changes to the Planning Act to expand the matters that the council of a local municipality may delegate to help streamline planning decisions. More particularly, the amendments provide a new discretionary authority to delegate planning decisions dealing with minor amendments to zoning by-laws, subject to establishing official plan policies that specify the types of by-laws that may be delegated. This authority could include delegating decisions for temporary use by-laws, the lifting of holding symbols, and other minor zoning by-law amendments. It would be up to each municipality to determine whether to exercise this proposed new authority and the types of minor zoning by-law amendment decisions to delegate.
The Schedule also makes consequential amendments to the Municipal Act, 2001 and City of Toronto Act, 2006.
The delegation of additional planning matters does not alter any notice or public meeting requirements or limit appeal rights. It also does not change the requirements under the Planning Act for land use planning decisions to be consistent with the Provincial Policy Statement and to conform or not conflict with provincial plans. These documents provide policy direction on matters of provincial interest related to land use planning to promote strong, healthy communities, a strong economy and protect the environment.
The changes to the Planning Act, Municipal Act, 2001, and City of Toronto Act, 2006 came into effect on December 2, 2021.
Effects of consultation
The government received 49 unique written comments related to the consultation. This included 36 comments submitted directly through the ERO notice and 13 comments submitted by email.
Summary of Comments
Overall, most of the submissions received were supportive and agree that the proposed additional delegation authority will help to streamline the land use planning process.
Submissions were made by municipalities, and a range of interested stakeholders, including building and development, agricultural, professional sectors, conservation authorities, citizen groups and individuals. During the consultation period, MMAH also hosted a number of technical/information sessions with stakeholders.
The majority of comments were concerned with municipal implementation relating to:
- clarity on the definition of “minor”;
- use of the additional delegation powers;
- criteria of applicability; and
- clarification on public meeting requirements.
Many groups were supportive of these proposed changes. Some stakeholders raised concerns regarding implementation of the proposed changes, including the need for more clarity and requests for guidance from the Ministry of Municipal Affairs and Housing.
Effects of the Consultation on this Decision
In developing and finalizing the legislation, consideration was given to all comments received. There were no changes as a result of the feedback and the changes were passed as proposed.
This new discretionary authority gives municipalities flexibility to delegate planning decisions dealing with minor amendments to zoning by-laws to help streamline processes. Council is required to establish official plan policies before it can delegate authority and those policies are subject to public consultation.
The changes do not alter any notice or public meeting requirements. They also do not alter the requirements for land use planning decisions to be consistent with the Provincial Policy Statement and to conform or not conflict with provincial plans. These documents provide policy direction on matters of provincial interest related to land use planning to promote healthy communities, a strong economy and protect the environment.
In response to requests from some stakeholders for greater clarity and from municipalities for assistance on implementation, the ministry will continue to engage with key stakeholders and provide support as needed.
Supporting materials
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Get in touch with the office listed below to find out if materials are available.
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Contact
PlanningConsultation@ontario.ca
Original proposal
Proposal details
Bill 13, the proposed Supporting People and Businesses Act, 2021 Act, 2021, was introduced on October 7, 2021. Schedule 19 of the Bill proposes to make changes to the Planning Act, Municipal Act, 2001 and City of Toronto Act, 2006.
The Planning Act currently allows council to delegate certain decisions (to a committee of council, to staff, or, in some cases, to a committee of adjustment); for example, decisions in respect of approval of adopted lower-tier official plan amendments, site plan, plans of subdivision and consents.
The proposed amendments would make changes to the Planning Act to expand the matters that the council of a local municipality may delegate to help streamline planning decisions. More particularly, the amendments would provide a new discretionary authority to delegate planning decisions dealing with minor amendments to zoning by-laws, subject to criteria established through official plan policies. This authority could include delegating decisions for temporary use by-laws, the lifting of holding symbols, and other minor zoning by-law amendments. It would be up to each municipality to determine whether to exercise this proposed new authority and the types of minor zoning by-law amendment decisions to delegate.
The Schedule also would make consequential amendments to the Municipal Act, 2001 and City of Toronto Act, 2006.
The proposed delegation of additional planning matters would not alter any notice or public meeting requirements or limit appeal rights. It also would not change the requirements under the Planning Act for land use planning decisions to be consistent with the Provincial Policy Statement and to conform or not conflict with provincial plans. These documents provide policy direction on matters of provincial interest related to land use planning to promote strong, healthy communities, a strong economy and protect the environment.
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.
Comment
Commenting is now closed.
This consultation was open from October 7, 2021
to November 21, 2021
Comments received
Through the registry
36By email
13By mail
0