Planning Statute Law Amendment Act, 2023

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.