Item - 2017.PG23.7

The Planning and Growth Management Committee recommends that: 

1. City Council commend the Province on its initiative to significantly improve and modernize the Ontario Municipal Board (the "OMB") and the Province's land use appeal process.

2. City Council advise the Province that:

a. it would support the elimination of "de novo" hearings that adjudicate planning appeals without deference to previous Council decisions, in the context of Bill 139's proposed two-step appeal process for Official Plans/Amendments and Zoning By-law appeals;

b. it seeks further clarification with regard to whether the intent of Bill 139 is to eliminate "de novo" hearings for each of the steps that comprise the proposed two-step appeal process;

c. it expresses its support for the direction taken by Bill 139 to place restrictions on holding oral hearings for Official Plans/Amendments and Zoning By-law matters; to establish time lines for making oral submissions; and to restrict parties or persons to orally offer new evidence or call or cross-examine witnesses;

d. it encourages the Province to set a prescribed timeline for reviewing the effectiveness of the two-stage hearing appeal process further to Bill 139 coming into force and effect;

e. it supports proposed Local Planning Appeal Tribunal Act measures to case manage complex appeals through a "case management conference process"; and

f. regulations should be established prescribing key steps to be followed in the mandatory case management conference process to ensure the process fits seamlessly and effectively with the Tribunal's hearing process.

3. City Council support the establishment of an independent provincially funded Local Planning Appeal Support Centre through the introduction of the Local Planning Appeal Support Centre Act, 2017, on the assumption that the Centre will facilitate meaningful and more affordable public participation in Ontario's planning appeal process.

4. City Council support the increased planning application timeframe proposed in Bill 139, for Council to make a decision for Official Plan and Zoning By-law Amendments and Holding Provisions By-laws.

5. City Council request the Province to increase the length of time Council has to make a new decision when the new Local Planning Appeal Tribunal sends a planning matter back to Council for re-consideration from 90 days to 120 days.

6. City Council support Bill 139's proposal to shelter all statutory updates to Official Plans and municipal conformity exercises to Provincial Plans requiring the Minister's approval, (as per Section 26 of the Planning Act), from appeal.

7. City Council request the Province to place a moratorium on all privately initiated requests for official plan amendments to newly approved Official Plan policies that required the Minister's approval, (as per Section 26 of the Planning Act), unless Council declares otherwise by resolution.

8. City Council support the Bill 139 provision to remove interim control by-laws, when first passed, from appeal.

9. City Council support the introduction of a moratorium on privately initiated requests for secondary plan amendments in Bill 139 and request the Province to further amend Bill 139 to extend the moratorium to privately initiated implementing zoning by-laws passed concurrently with the secondary plan.

10. City Council support the introduction, in Bill 139, of a moratorium on privately initiated requests for Official Plan Amendments to "major transit station area" policies.

11. City Council request the Province to extend moratoriums to include privately initiated official plan amendments within those "Urban Growth Centres" that are planned to achieve by 2041, or have already achieved, a density target that exceeds the minimum density targets set out in the Growth Plan (2017).

12. City Council request the Province to extend all proposed moratorium periods from two to five years, unless Council declares otherwise by resolution.

13. City Council request the Province to release all regulations and transition policies associated with the proposed Planning Act amendments in draft form prior to Bill 139 coming into force.

14. City Council support the proposed requirement for municipalities to incorporate climate change policies into their Official Plans.

15. City Council support the proposal making it mandatory to send back new evidence on subdivision appeals to Council for re-evaluation.

16. City Council commend the Province for the extensive consultation process undertaken to inform the provincial strategy outlined in "Conserving Our Future: A Modernized Conservation Authorities Act".

17.  City Council recommend to the Province that the date of enactment of Bill 139 respecting appeals be retroactive to the day of the first reading of the Bill.

18. City Council forward the report (September 29, 2017) from the Acting Chief Planner and Executive Director, City Planning to the Minister of Municipal Affairs for his information.

19. City Council direct appropriate staff to participate in further opportunities with the Province to provide feedback, including presentations and submissions, to the Province's Standing Committee on Social Policy examining Bill 139, with respect to the issues raised in the report (September 29, 2017) from the Acting Chief Planner and Executive Director, City Planning.

20. City Council request the City Solicitor to report to Planning and Growth Management Committee, in the event that Bill 139 is given Royal Assent, with recommendations for any potential changes in the City's processes and procedures that may be required to implement the legislation.

In December of 2016, City Council adopted a series of recommendations in response to the Province's request for stakeholder feedback with regard to the scope and effectiveness of the Ontario Municipal Board (OMB).  On May 30, 2017, the Province introduced Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017.  The Bill passed Second Reading September 27, 2017 and has been referred to the Standing Committee on Social Policy. 

If passed, Bill 139 will replace or amend a number of existing Acts, such as the Planning Act, the City of Toronto Act, the Ontario Municipal Board Act and the Conservation Authorities Act and change the provincial land use planning appeals system by:

- establishing a new two-step appeal process for Official Plans/Amendments and Zoning By-laws;
requiring mandatory case management for certain planning application appeals;

- creating a new Appeal Tribunal and new statutory rules regarding the conduct of hearings for land use planning appeals, through the enactment of the Local Planning Appeal Tribunal Act;

- sheltering municipally initiated Official Plan Amendments that require the Minister's approval, from appeal;

- placing a two-year moratorium on amendments to newly approved Secondary Plans;
sheltering Interim Control By-laws from appeal;

- establishing longer timelines for municipal processing of planning applications; and

- establishing a "Local Planning Appeal Support Centre" to assist eligible Ontarians with navigating the land use planning appeal process.
 

This report summarizes and comments on key changes that would be brought about by the enactment of Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017.  The report also provides recommendations for Council's consideration with respect to the proposed changes.  Legal Services has been consulted in the preparation of this report.