Planning Statute Law Amendment Act, 2023

ERO number
019-7885
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision Updated
Decision posted
Comment period
November 16, 2023 - December 8, 2023 (30 days) Closed
Last updated

Update Announcement

Bill 150, the Planning Statute Law Amendment Act, 2023 was passed by the Legislature on December 5, 2023. You may also want to consider submitting comments on other related postings and/or providing your comments directly to the Ministry at mmahofficialplans@ontario.ca.

This consultation was open from:
November 16, 2023
to December 8, 2023

Decision summary

A decision has been made to enact the Planning Statute Law Amendment Act, 2023, which would help ensure that official plan decisions support our goal of building at least 1.5 million homes in a manner that maintains and reinforces public trust.

Decision details

Bill 150, the Planning Statute Law Amendment Act, 2023, was introduced on November 16, 2023. It enacts the Official Plan Adjustments Act, 2023 which reverses decisions on official plans affecting 12 municipalities: the cities of Barrie, Belleville, Guelph, Hamilton, Ottawa and Peterborough, the regional municipalities of Halton, Niagara, Peel, Waterloo, York, and Wellington County. It also makes amendments to the Planning Act.

The Official Plan Adjustments Act, 2023 winds back ministerial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulations, or for public health and safety. This includes winding back changes to urban boundaries while maintaining protections for the Greenbelt.

The Act will ensure the official plan decisions support our goal of building at least 1.5 million homes in a manner that maintains and reinforces public trust.

The Planning Statute Law Amendment Act, 2023 also amends the Planning Act to provide for immunity where Minister’s Zoning Orders are made, amended or revoked.

The Official Plan Adjustments Act, 2023 and the changes to the Planning Act came into effect on December 6, 2023.

Planning Statute Law Amendment Act, 2023

The legislation:

  • Enacts the Official Plan Adjustments Act, 2023, which:
    • reverses provincial decisions on Official Plans affecting 12 municipalities, comprising those issued on:
        • November 4, 2022, regarding: York Region Official Plan; Peel Region Official Plan; Halton Region Official Plan Amendment 49; Niagara Region Official Plan; City of Hamilton Official Plan Amendment 167 to the Urban Official Plan; City of Hamilton Official Plan Amendment 34 to the Rural Official Plan; City of Ottawa Official Plan
        • April 11, 2023, regarding: Waterloo Region Official Plan Amendment 6; County of Wellington Official Plan Amendment 119; City of Guelph Official Plan Amendment 80; City of Barrie Official Plan; City of Peterborough Official Plan; City of Belleville Official Plan
  • approves the municipally-adopted Official Plans, retroactive to the date of the ministerial approval (November 4, 2022 or April 11, 2023);
  • modifies limited portions of the council-adopted Official Plans to address conflicts with legislation or regulations;
  • requires decisions by the municipalities or the Ontario Land Tribunal to conform to the official plans as approved by the legislation; and
  • introduces immunity provisions to help mitigate legal risk resulting from this legislation.
  • Amends the Planning Act to introduce immunity provisions to help mitigate legal risk related to the making, amending or revoking of Minister’s Zoning Orders.

Comments received

Through the registry

51

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

The government received 51 written comments related to the consultation submitted directly through the ERO (Environmental Registry of Ontario) notice.

Overall, most of the submissions received were supportive and agree with the wind back of provincial changes to official plans, including winding back changes to urban boundary expansions. 

Some stakeholders were not supportive of the reversal of urban boundary expansions and raised concerns regarding growth and housing supply, including concerns about the implementation of the proposed changes and the need for clarity as to how municipalities will achieve the government’s housing targets.

Effects of the Consultation on this Decision

Consideration was given to all comments received in developing and finalizing the legislation.  There are no changes at this time and the legislation was passed as proposed, except for amendments proposed by the government through the Standing Committee process.

However, the province continues to review the proposed changes and is exploring, in consultation with municipalities, the most effective way to implement - through further legislative solutions or other tools - any changes to the official plans that municipalities would like to keep. 

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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Original proposal

ERO number
019-7885
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

November 16, 2023 - December 8, 2023 (30 days)

Proposal details

The government is consulting on proposed legislation that would ensure the official plan decisions support our goal of building at least 1.5 million homes in a manner that maintains and reinforces public trust.

The Planning Statute Law Amendment Act, 2023 was introduced on November 16, 2023, and if passed, would enact the Official Plan Adjustments Act, 2023 which would reverse decisions on official plans affecting 12 municipalities: Barrie, Belleville, Guelph, Hamilton, Ottawa, the City of Peterborough, Halton, Niagara, Peel, Waterloo, York, Wellington.

This new Act would wind back provincial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulations or for public health and safety. This includes winding back changes to urban boundaries while maintaining protections for the Greenbelt.

The ministry is seeking input on both the legislation and potential implementation considerations associated with matters arising from the reversal of the official plan decisions.

Proposed Planning Statute Law Amendment Act, 2023

The proposed legislation if passed, would:

  • Enact the Official Plan Adjustments Act, 2023, which would:
    • reverse provincial decisions on Official Plans affecting 12 municipalities, comprising those issued on:
      • November 4, 2022, regarding: York Region Official Plan; Peel Region Official Plan; Halton Region Official Plan Amendment 49; Niagara Region Official Plan; City of Hamilton Official Plan Amendment 167 to the Urban Official Plan; City of Hamilton Official Plan Amendment 34 to the Rural Official Plan; City of Ottawa Official Plan
      • April 11, 2023, regarding: Waterloo Region Official Plan Amendment 6; County of Wellington Official Plan Amendment 119; City of Guelph Official Plan Amendment 80; City of Barrie Official Plan; City of Peterborough Official Plan; City of Belleville Official Plan
    • approve the municipally-adopted Official Plans, retroactive to the date of the provincial approval (November 4, 2022 or April 11, 2023);
    • modify limited portions of the council-adopted Official Plans to address potential conflicts with legislation/regulations; and
    • outline transition rules that would apply to applications made since the official plans were approved;
    • introduce immunity provisions to help mitigate legal risk resulting from this legislation.
  • Amend the Planning Act to introduce immunity provisions to help mitigate legal risk related to the making, amending or revoking of Minister’s Zoning Orders (MZOs). While no specific changes to MZOs are currently being made, this provision would help mitigate risk should revocations be necessary as the ministry reviews a use it or lose it policy.

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 November 16, 2023
to December 8, 2023

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