Item - 2016.PG16.6
Tracking Status
- City Council adopted this item on December 13, 2016 with amendments.
- This item was considered by Planning and Growth Management Committee on November 16, 2016. It is being forwarded to City Council without recommendations. It will be considered by City Council on December 13, 2016.
PG16.6 - Response to Provincial Consultation on Reforming the Ontario Municipal Board (OMB)
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 13, 14 and 15, 2016, adopted the following:
1. City Council express support to the Province with respect to the proposed directions generally outlined in the consultation document.
2. City Council express support for the direction that the Province have the authority to specify which parts of provincial decisions on Official Plans would not be subject to appeal, provided that municipalities continue to retain their right of appeal.
3. City Council request the Minister of Municipal Affairs to amend the Planning Act such that the Province would have the authority to specify which parts of thematic Official Plan policy amendments would not be subject to appeal.
4. City Council request the Minister of Municipal Affairs to amend the Planning Act such that all Official Plans and Official Plan amendments subject to Provincial approval not be appealable in their entirety following issuance of the provincial decision.
5. City Council express support for the proposal that the Province's decisions on new Official Plans or Official Plan amendments by municipalities to bring their Official Plans into conformity with the Provincial Policy Statement or Provincial Plans be final and not subject to appeal.
6. City Council request the Minister of Municipal Affairs to amend the Planning Act to restrict appeals of a refusal or a non-decision by Council, of privately initiated Official Plan amendments relating to Urban Growth Centres that are planned to achieve by 2031, or have already achieved a gross density that exceeds the minimum density targets set in Policy 2.2.3.3 of the proposed Provincial Growth Plan for the Greater Golden Horseshoe, until such time as the municipality has completed its official plan and infrastructure capacity review to determine the impacts, if any, of permitting additional intensification in these areas.
7. City Council express support for the Province's proposal to give the Minister and not the Ontario Municipal Board, the authority to make the final decision on requests to amend zoning provisions, put in place through a Minister’s Zoning Order.
8. City Council express support for the Province's proposal to restrict appeals of Official Plan policies that support provincially funded transit infrastructure provided that the wording of Policy 2.2.4. in the proposed Provincial Growth Plan for the Greater Golden Horseshoe is amended to allow municipalities to identify which major transit station areas will be planned at higher densities.
9. City Council express support for the Province's proposal to amend the Planning Act to not permit privately initiated appeals of a municipality’s refusal to amend new secondary plans for five years.
10. City Council request the Minister of Municipal Affairs to amend the Planning Act to not allow privately initiated amendments to newly approved official plan policies stemming from comprehensive municipal reviews of existing official plans and secondary plan amendments, along with concurrent implementing zoning by-laws, for a five-year period.
11. City Council express support for the Province's proposal to not permit appeals for a municipal interim control by-law.
12. City Council express support for the Province's proposal to expand the authority of local appeal bodies adjudicating appeals of minor variances and consents to include associated appeals relating to site plan applications.
13. City Council express support for the Province's proposal to further clarify, through legislation and Ontario Municipal Board Practice Procedures, that the Ontario Municipal Board ’s authority is limited to dealing only with matters that are part of the municipal council’s decision.
14. City Council request the Province to make it mandatory for the Ontario Municipal Board to send significant new information that arises in an Ontario Municipal Board hearing back to the municipal council for re-evaluation of the original decision if a municipality brings a motion advising that the new information and material could have materially affected council's decision.
15. City Council request the Province to amend the legislation and regulations governing the planning approval and appeals process to reflect the primacy of municipal decision-making on planning matters.
16. City Council advise the Province of its concern that a full Ontario Municipal Board hearing, or a hearing 'de novo' on an appeal of a planning application should not be automatic and should only be scheduled if the Ontario Municipal Board first finds that a municipality’s decision falls outside a range of reasonable outcomes or in a manner not consistent with the Provincial Policy Statement or not in conformity with Provincial Plans.
17. City Council request the Minister of Municipal Affairs to amend the Planning Act to limit appeal matters and impose directions for changes to the Ontario Municipal Board 's Rules of Practice Procedure to effectively limit the scope of Ontario Municipal Board hearings and focus on deference to municipal decision-making.
18. City Council express support for the Province's proposals to expand and re-configure the Citizen Liaison Office and to explore funding tools, including intervenor funding to assist citizens to retain planning experts and lawyers, at no cost to the municipality.
19. City Council support the Province's proposal that the Ontario Municipal Board reintroduce multi-member panels with panel members representing a broad range of skills and backgrounds.
20. City Council recommend that the Province re-examine Ontario Municipal Board member recruitment practices and modernize Ontario Municipal Board practices to improve the efficiency and quality of dispute resolution processes at the Ontario Municipal Board and the scheduling of hearings.
21. City Council request the Province to prioritize the scheduling of Ontario Municipal Board cases related to the adoption of planning policy documents such as Official Plans, municipally initiated comprehensive official plan amendments and comprehensive zoning by-laws.
22. City Council support the Province's proposal to actively promote meditation as a means to scope and resolve planning issues under appeal.
23. City Council advise the Province that it supports the use of government mediators to resolve disputes during the municipal planning approval process where there is no cost to the municipality and where the municipality, through a council motion, requests assistance from provincially appointed mediators.
24. City Council advise the Province that is supports the use of government mediators at no cost to the municipality, during the 60 day time-out period that a council may initiate alternative dispute resolution, prior to matters being appealed to the Ontario Municipal Board, introduced through Bill 73.
25. City Council request the Minister of Municipal Affairs to amend the Planning Act to extend the period required for Alternative Dispute Resolution after an appeal has been made and the municipal council has given notice of its intention to use Alternative Dispute Resolution, from 60 to 90 days, to further encourage opportunities for mediation.
26. City Council support the Province's proposals requiring all appeals to be considered by an Ontario Municipal Board appointed mediator before scheduling a hearing.
27. City Council support the Province's proposal to strengthen the case management at the Ontario Municipal Board to better stream and scope issues in dispute, identify areas that can be resolved at pre-hearings and support Ontario Municipal Board members during hearings.
28. City Council recommend that the Minister of Municipal Affairs extend application processing timeframes in the Planning Act before “failure to proceed” appeals can be made for applications, in order to provide for more opportunities for mediation and reduce the potential number of "failure to proceed" based appeals, as follows:
a. Official Plan Amendments be increased from 180 days to 240 days;
b. Zoning By-law Amendments be increased from 120 days to 180 days; and
c. Zoning By-law Amendments that run concurrently with an Official Plan Amendment be increased from 180 days to 240 days.
29. City Council forward its decision to the Province before December 19, 2016 in order to meet the commenting deadline.
30. City Council request the Province to consult with the City on any legislative, regulatory or other changes associated with the review of the Ontario Municipal Board, as per the Toronto-Ontario Cooperation and Consultation Agreement.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-98408.pdf
(October 25, 2016) Report from the Chief Planner and Executive Director, City Planning on Response to Provincial Consultation on Reforming the Ontario Municipal Board - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-97960.pdf
Motions (City Council)
That City Council adopt the following recommendations contained in the report (November 10, 2016) from the Chief Planner and Executive Director, City Planning:
1. Express support to the Province with respect to the proposed directions generally outlined in the consultation document.
2. Express support for the direction that the Province have the authority to specify which parts of provincial decisions on official plans would not be subject to appeal, provided that municipalities continue to retain their right of appeal.
3. Request the Minister of Municipal Affairs to amend the Planning Act such that the Province would have the authority to specify which parts of thematic official plan policy amendments would not be subject to appeal.
4. Request the Minister of Municipal Affairs to amend the Planning Act such that all official plans and official plan amendments subject to provincial approval not be appealable in their entirety following issuance of the provincial decision.
5. Express support for the proposal that the Province's decisions on new official plans or official plan amendments by municipalities to bring their official plans into conformity with the PPS or Provincial Plans be final and not subject to appeal.
6. Request the Minister of Municipal Affairs to amend the Planning Act to restrict appeals of a refusal or a non-decision by Council, of privately initiated official plan amendments relating to Urban Growth Centres that are planned to achieve by 2031, or have already achieved a gross density that exceeds the minimum density targets set in Policy 2.2.3.3 of the proposed Provincial Growth Plan for the Greater Golden Horseshoe, until such time as the municipality has completed its official plan and infrastructure capacity review to determine the impacts, if any, of permitting additional intensification in these areas.
7. Express support for the Province's proposal to give the Minister and not the OMB, the authority to make the final decision on requests to amend zoning provisions, put in place through a Minister’s Zoning Order.
8. Express support for the Province's proposal to restrict appeals of official plan policies that support provincially funded transit infrastructure provided that the wording of Policy 2.2.4. in the proposed Provincial Growth Plan for the Greater Golden Horseshoe is amended to allow municipalities to identify which major transit station areas will be planned at higher densities.
9. Express support for the Province's proposal to amend the Planning Act to not permit privately initiated appeals of a municipality’s refusal to amend new secondary plans for two years.
10. Request the Minister of Municipal Affairs to amend the Planning Act to not allow privately initiated amendments to newly approved official plan policies stemming from comprehensive municipal reviews of existing official plans and secondary plan amendments, along with concurrent implementing zoning by-laws, for a two-year period.
11. Express support for the Province's proposal to not permit appeals for a municipal interim control by-law.
12. Express support for the Province's proposal to expand the authority of local appeal bodies adjudicating appeals of minor variances and consents to include associated appeals relating to site plan applications.
13. Express support for the Province's proposal to further clarify, through legislation and OMB Practice Procedures, that the OMB’s authority is limited to dealing only with matters that are part of the municipal council’s decision.
14. Request the Province to make it mandatory for the OMB to send significant new information that arises in an OMB hearing back to the municipal council for re-evaluation of the original decision if a municipality brings a motion advising that the new information and material could have materially affected council's decision.
15. Request the Province to amend the legislation and regulations governing the planning approval and appeals process to reflect the primacy of municipal decision-making on planning matters.
16. Advise the Province of its concern that a full OMB hearing on an appeal of a planning application should not be automatic and should only be scheduled if the OMB first finds that a municipality has acted unreasonably or in a manner not consistent with the Provincial Policy Statement (PPS) or not in conformity with Provincial Plans.
17. Advise the Province that it should consider using legislation to limit appeal matters and impose directions for changes to the OMB's Rules of Practice Procedure to effectively limit the scope of OMB hearings without focusing discussion on the term "de novo" hearing.
18. Express support for the Province's proposals to expand and re-configure the Citizen Liaison Office (CLO) and to explore funding tools, including intervenor funding to assist citizens to retain planning experts and lawyers, at no cost to the municipality.
19. Support the Province's proposal that the OMB reintroduce multi-member panels with panel members representing a broad range of skills and backgrounds.
20. Recommend that the Province re-examine OMB member recruitment practices and modernize OMB practices to improve the efficiency and quality of dispute resolution processes at the OMB and the scheduling of hearings.
21. Request the Province to prioritize the scheduling of OMB cases related to the adoption of planning policy documents such as official plans, municipally initiated comprehensive official plan amendments and comprehensive zoning by-laws.
22. Support the Province's proposal to actively promote meditation as a means to scope and resolve planning issues under appeal.
23. Advise the Province that it supports the use of government mediators to resolve disputes during the municipal planning approval process where there is no cost to the municipality and where the municipality, through a council motion, requests assistance from provincially appointed mediators.
24. Advise the Province that is supports the use of government mediators at no cost to the municipality, during the 60 day time-out period that a council may initiate alternative dispute resolution, prior to matters being appealed to the OMB, introduced through Bill 73.
25. Request the Minister of Municipal Affairs to amend the Planning Act to extend the period required for Alternative Dispute Resolution after an appeal has been made and the municipal council has given notice of its intention to use ADR, from 60 to 90 days, to further encourage opportunities for mediation.
26. Support the Province's proposals requiring all appeals to be considered by an OMB appointed mediator before scheduling a hearing.
27. Support the Province's proposal to strengthen the case management at the OMB to better stream and scope issues in dispute, identify areas that can be resolved at pre-hearings and support OMB members during hearings.
28. Recommend that the Minister of Municipal Affairs extend application processing timeframes in the Planning Act before “failure to proceed” appeals can be made for applications, in order to provide for more opportunities for mediation and reduce the potential number of "failure to proceed" based appeals, as follows:
a. official plan amendments be increased from 180 days to 240 days;
b. zoning by-law amendments be increased from 120 days to 180 days; and
c. zoning by-law amendments that run concurrently with an official plan amendment be increased from 180 days to 240 days.
29. Forward this Report to the Province before December 19, 2016 in order to meet the commenting deadline.
30. Request the Province to consult with the City on any legislative, regulatory or other changes associated with the review of the OMB, as per the Toronto-Ontario Cooperation and Consultation Agreement.
Amended by motion 2 by Councillor Matlow.
Vote (Adopt Item as Amended) Dec-15-2016 8:35 PM
| Result: Carried | Majority Required - PG16.6 - Parts 3, 5, 7, 11, 17 as amended, 21, 28 - motion 1 - Shiner |
|---|---|
| Total members that voted Yes: 25 | Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Josh Colle, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Frank Di Giorgio |
| Total members that were Absent: 18 | Members that were absent are Maria Augimeri, Christin Carmichael Greb, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, John Filion, Mark Grimes, Michelle Holland, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Ron Moeser, James Pasternak, Anthony Perruzza, John Tory, Kristyn Wong-Tam |
That motion 1 by Councillor Shiner be amended by deleting Recommendations 9, 10, 16 and 17:
9. Express support for the Province's proposal to amend the Planning Act to not permit privately initiated appeals of a municipality’s refusal to amend new secondary plans for two years.
10. Request the Minister of Municipal Affairs to amend the Planning Act to not allow privately initiated amendments to newly approved official plan policies stemming from comprehensive municipal reviews of existing official plans and secondary plan amendments, along with concurrent implementing zoning by-laws, for a two-year period.
16. Advise the Province of its concern that a full OMB hearing on an appeal of a planning application should not be automatic and should only be scheduled if the OMB first finds that a municipality has acted unreasonably or in a manner not consistent with the Provincial Policy Statement (PPS) or not in conformity with Provincial Plans.
17. Advise the Province that it should consider using legislation to limit appeal matters and impose directions for changes to the OMB's Rules of Practice Procedure to effectively limit the scope of OMB hearings without focusing discussion on the term "de novo" hearing.
and inserting the following new Recommendations:
9. Express support for the Province's proposal to amend the Planning Act to not permit privately initiated appeals of a municipality’s refusal to amend new secondary plans for five years
10. Request the Minister of Municipal Affairs to amend the Planning Act to not allow privately initiated amendments to newly approved official plan policies stemming from comprehensive municipal reviews of existing official plans and secondary plan amendments, along with concurrent implementing zoning by-laws, for a five-year period.
16. Advise the Province of its concern that a full OMB hearing, or a hearing 'de novo' on an appeal of a planning application should not be automatic and should only be scheduled if the OMB first finds that a municipality’s decision falls outside a range of reasonable outcomes or in a manner not consistent with the Provincial Policy Statement (PPS) or not in conformity with Provincial Plans.
17. Request the Minister of Municipal Affairs to amend the Planning Act to limit appeal matters and impose directions for changes to the OMB's Rules of Practice Procedure to effectively limit the scope of OMB hearings and focus on deference to municipal decision-making.
Adoption of the balance of motion 1 by Councillor Shiner, as amended.
PG16.6 - Response to Provincial Consultation on Reforming the Ontario Municipal Board (OMB)
- Decision Type:
- ACTION
- Status:
- Without Recs
- Wards:
- All
Committee Recommendations
The Planning and Growth Management Committee submits the item to City Council without recommendations.
Origin
Summary
On October 5, 2016, the Province of Ontario released its Public Consultation Document in support of its review of the scope and effectiveness of the Ontario Municipal Board (OMB). The consultation paper is organized around reforming the OMB along five themes: OMB jurisdiction and powers; citizen participation and local perspective; clear and predictable decision-making; modern procedures and faster decisions and alternative dispute resolution and fewer hearings. If adopted, the changes are intended to:
- allow for more meaningful and affordable public participation;
- give more weight to local and provincial decisions and support alternative ways to settle disputes;
- bring fewer municipal and provincial decisions to the OMB; and
- support clearer and more predictable decision-making.
While legislative changes took place with regard to Ontario's land use planning and appeal system in 2006 and 2015, the current review affords the City a further opportunity to revisit matters that were not addressed in the last round of Planning Act and City of Toronto Act reforms and to comment on the proposed changes to the OMB identified in the Provincial Public Consultation Document.
The Province sees a continuing need for the OMB in Ontario's land-use planning system and has advised that the current review does not include consideration of the elimination of the OMB.
The Province is seeking feedback by December 19, 2016. This report provides an overview of the latest changes to the OMB proposed by the Province. It provides staff comments and recommendations in response to questions posed in the Consultation Document. While the proposed directions are a positive step towards improving the scope and effectiveness of the OMB, the subsequent wording of the legislative changes to implement the directions outlined in the Consultation Document will be a critical next step.
Background Information
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-98408.pdf
(October 25, 2016) Report from the Chief Planner and Executive Director, City Planning on Response to Provincial Consultation on Reforming the Ontario Municipal Board - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2016/pg/bgrd/backgroundfile-97960.pdf
Motions
That the item be forwarded to City Council without recommendation.