Modifications to O. Reg. 311/06 (Transitional Matters - Growth Plans) made under the Places to Grow Act, 2005 (part of the Co-ordinated Land Use Planning Review)

Description of regulation

O. Reg. 311/06 is a Minister’s regulation under the Places to Grow Act, 2005 that prescribes transition provisions for growth plans under that Act. This regulation only applies to the growth plans under the Places to Grow Act, 2005 such as the Growth Plan for the Greater Golden Horseshoe. The provisions in this regulation are distinct from the transition provisions that apply to the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan, as provided for by the separate legislation governing those Plans.

In accordance with subsection 14(1) of the Places to Grow Act, 2005, all decisions made under the Planning Act and Condominium Act, 1998 shall conform with a growth plan that applies to that growth plan area. Subsection 3(5) of the Planning Act provides that decisions in respect of planning matters shall conform with provincial plans that are in effect on the date of decision. Any matter commenced, but where a decision(s) remains to be made prior to the effective date of the updated Growth Plan, if approved, would be subject to the policies of the updated Growth Plan, if approved. The only exception would be for planning matters prescribed by the Minister of Municipal Affairs (‘the Minister’) through O. Reg. 311/06 (Transitional Matters – Growth Plans).

Purpose of regulation

The Proposed Growth Plan for the Greater Golden Horseshoe, 2016 was released for public consultation in May 2016. The Growth Plan, 2017 will replace the Growth Plan for the Greater Golden Horseshoe, 2006 as amended (Growth Plan, 2006).

As part of consultations on the Proposed Growth Plan, 2016, the Minister has reviewed O. Reg. 311/06 and is proposing to modify the provisions that apply to the Greater Golden Horseshoe growth plan area. These modifications would come into force on July 1, 2017, which is the same date that the Growth Plan, 2017 will take effect.

• To provide clarity and facilitate a policy-based approach to transition for the Growth Plan, 2017:
  • references to the title of the Growth Plan would be updated (i.e. Growth Plan for the Greater Golden Horseshoe, 2017); and
  • a new transition provision would be made that would allow upper- and single-tier official plans and official plan amendments specific to a settlement area boundary expansion to accommodate forecasted growth to 2031 and have been adopted as of May 18, 2017, but not yet approved due to appeal, to be approved as though the Growth Plan, 2017 had not come into effect.
• In order to streamline the regulation, certain existing provisions that are no longer applicable would be removed. These provisions include:
  • ss. 5.3 and 5.4, which provided that certain matters that were commenced before January 19, 2012 were not subject to Amendment 1, which are only applicable to the Simcoe Sub-Area.
    • These provisions are no longer applicable as they are generally associated with a number of polices specific to the Simcoe Sub-Area that no longer exist in the Growth Plan, 2017.
  • s. 5.6 (The Special Rule) and s. 5.7 (associated section specific to the Midhurst Settlement Area), which are only applicable to the Simcoe Sub-Area.
    • These provisions are no longer applicable as they are associated with a policy that no longer exists in the Growth Plan, 2017.
• In order to provide more certainty for the implementation of the Growth Plan, 2017 (in particular for the process of municipal comprehensive review), the transition provisions that allow certain matters involving settlement area boundary expansions to either be exempt from 1) the requirement to conform with the Growth Plan or 2) the Growth Plan policy requirement to demonstrate need, would expire on July 1, 2018.
  • This would include provisions for matters adding land to a settlement area that are prescribed under s. 24(3) of the Greenbelt Act, 2005.
  • As the vast majority (if not all) of these matters should have been resolved through implementation of the Growth Plan, 2006, it is not anticipated that any such matters that were intended to be transitioned would currently remain in process at this time. However, if there are any such matters that currently remain in process, this change would require such matters to be resolved in a timely manner so as not to impact implementation of the Growth Plan, 2017 going forward.

Public consultation

This proposal was posted for a 30 day public review and comment period starting May 18, 2017. Comments were to be received by June 17, 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.