New Regulation under the Planning Act for open-for-business planning tool

ERO number
013-4239
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
December 6, 2018 - January 20, 2019 (45 days) Closed
Last updated

This consultation was open from:
December 6, 2018
to January 20, 2019

Decision summary

Schedule 10 of Bill 66, the proposed Restoring Ontario’s Competitiveness Act, 2018, was removed from the Bill following a vote by members of the Standing Committee on General Government. As a result, the government is no longer proposing to make a regulation to help implement an open-for-business planning by-law.

Decision details

The government was proposing changes to the Planning Act that would have created a new economic development tool, the open-for-business planning by-law. These changes were included in Schedule 10 of Bill 66, the proposed Restoring Ontario’s Competitiveness Act, 2018. As part of the changes, the government was also proposing to create a new regulation under the Planning Act that would have facilitated implementation of an open-for-business planning by-law.

On March 20, 2019, Schedule 10 was removed from the Bill following a vote by members of the Standing Committee on General Government. When Bill 66 received Third Reading on April 2, 2019, the proposed changes to the Planning Act were no longer included. As a result, the government is no longer proposing to create a regulation that would facilitate implementation of an open-for-business planning by-law.

Comments received

Through the registry

419

By email

80

By mail

9
View comments submitted through the registry

Effects of consultation

The government received a large volume of comments related to Schedule 10 of Bill 66. Of these, 508 comments were submitted directly through this ERO notice or specifically referenced the ERO number for this proposal.

Some comments expressed support, in principle, for proposed changes that would help to streamline development approvals and support economic development opportunities. However, a much larger number of comments were received identifying concerns about such things as:

  • public health and safety, the environment, drinking water and Ontario’s Greenbelt
  • the effect of provincial and municipal plans/policies and other related legislation on such by-laws
  • the minimum requirements for consultation and notification, and
  • a lack of appeal opportunities

With respect to the proposed new regulation, some comments provided specific recommendations for criteria that should be included in the regulation.

The government indicated that an open-for-business planning by-law would never have been approved at the expense of the Greenbelt or provincial interests like water quality or public health and safety. In considering the feedback received, the government decided it did not want to proceed with Schedule 10 of Bill 66.

On March 20, 2019, Schedule 10 was removed from the Bill following a vote by members of the Standing Committee on General Government. When Bill 66 received Third Reading on April 2, 2019, the proposed changes to the Planning Act were no longer included. As a result, the government is no longer proposing to create a regulation that would facilitate implementation of an open-for-business planning by-law.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Provincial Planning Policy Branch
Address

777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada

Office phone number

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Original proposal

ERO number
013-4239
Notice type
Regulation
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

December 6, 2018 - January 20, 2019 (45 days)

Proposal details

Description of regulation

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, if certain prescribed criteria are met, to ensure they can act quickly to attract businesses seeking development sites.

A municipality’s request to use an open-for-business planning by-law would need to be accompanied by information that would be prescribed in a proposed new regulation, such as a description of the subject lands, land use planning information, and open-for-business information, including details about the proposed employment opportunity.

The proposed regulation would also:

  • require confirmation that the proposal is for a new major employment use
  • require evidence that the proposal would meet a minimum job creation threshold (e.g. 50 jobs for municipalities with a population of less than 250,000 people, or 100 jobs for municipalities with a population of more than 250,000 people)
  • identify the uses of land, buildings or structures that may be authorized by the tool, such as manufacturing and research and development, but not residential, commercial or retail as the primary use
  • prescribe how notice is to be given to the Minister of Municipal Affairs and Housing following the passing of an open-for-business by-law (similar to how the Minister is notified following the passing of a zoning by-law – e.g. email and personal service)

The purpose of the proposed regulation is to facilitate implementation of the proposed open-for-business planning by-law.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Provincial Planning Policy Branch
Address

777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from December 6, 2018
to January 20, 2019

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