Proposed amendments to the Niagara Escarpment Planning and Development Act

Background

The purpose of the Niagara Escarpment Planning and Development Act, (NEPDA) is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. The NEPDA established the Niagara Escarpment Plan (NEP) and the Niagara Escarpment Commission (NEC). The NEP provides a framework to assess development proposals against objectives and policies aimed at the protection and the enjoyment of this important landform feature and the resources it supports. The NEC. operates at arm’s length from the Ministry of Natural Resources and Forestry and oversees implementation of the NEP to maintain and enhance the vitality of the Escarpment’s unique environmental and landscape features.

Proposed changes

As part of the Less Red Tape, More Common Sense Act, 2023, the Ministry is proposing amendments to the NEPDA .

These proposed amendments would improve service delivery, reduce redundancies and administrative burdens, and increase compliance tools for the NEC. By reducing delays and focusing on more complex applications and protection measures, the Ministry would be creating more efficient processes and saving time for applicants, while ensuring protection for the escarpment is maintained.

If passed, the proposed amendments would:

• Remove the outdated requirement to publish notices in newspapers for NEP amendment proposals and associated hearings and instead use modern consultation methods by requiring the publication of these notices on a Government of Ontario website or the NEC website, or as determined by the Hearing Officer.
• Expand the Minister’s regulation-making powers to allow broader exemptions for low-risk activities where standard conditions would provide appropriate mitigation in regulation. Examples of low-risk activities could include maintenance or repairs of existing structures where minimum setbacks from sensitive features are maintained, some routine activities carried out by conservation organizations, such as constructing footbridges on existing trails, and establishing size limits for accessory buildings.
• Broaden the range of compliance tools and powers to provide NEC staff greater abilities to inspect and address non-compliant development activities, including:
• enabling an NECofficer to access lands affected by the NEP and NEPDA for inspection and compliance purposes.
• enabling collection of information required to conduct an inspection.
• facilitating efficient exchange of information between NEC staff and other types of enforcement personnel (such as other provincial Ministry enforcement officers) when necessary.

Regulatory impact analysis

The anticipated impacts of the proposed legislative amendments on Ontario businesses are neutral to positive.

If passed, the proposed amendments would be expected to enable the streamlining of processes, and lead to greater cost savings for clients through efficiencies and the removal of requirements to circulate notices in newspapers. The net present value of these savings is estimated at $46,800 over the next 10 years (or $4,700 per year).

Through this posting, the Ministry is seeking input on anticipated benefits or costs to Ontario businesses to better help the Ontario understand the real costs or cost savings associated with these proposed changes.