Metro Hall

55 John Street, 22nd Floor

Toronto, Ontario

Canada M5V 3C6

Tel:416-392-8101

Fax:416-392-3821

Planning Department

Development Services

June 23, 1998

To: Urban Environment and Development Committee

From: Commissioner of Urban Planning and Development Services

Subject: Exemption of Official Plan Amendments from Provincial Approval

Purpose:

To report on the exemption of official plan amendments of the City of Toronto from Provincial approval.

Financial Implications:

There are no financial implications arising from the recommendations of this report.

Recommendations:

It is recommended that Council:

1. endorse the exemption of official plan amendments from Provincial approval;

2. authorize the City Clerk to initiate the appropriate changes in notification procedures to implement the exemption of official plan amendments from Provincial approval; and

3. authorize other appropriate City Officials to take any necessary action to give effect thereto.

Background:

The Minister of Municipal Affairs and Housing is the approval authority for all municipal official plans and official plan amendments in Ontario. Bill 20, The Land Use Planning and Protection Act, which came into effect on May 22, 1996 provides for the exemption of official plans and official plan amendments from Ministerial approval. It also provides the authority for the Minister or the approval authority to apply conditions related to the granting of exemption. This exemption initiative is part of the Province’s efforts to enhance local autonomy, eliminate duplication and streamline decision-making.

To facilitate the process of moving toward exemption, the Minister, after consultation, released the "Delegation/Exemption Implementation Strategy" in December 1997. As part of Phase 1 of the Strategy, several municipalities and regions throughout Ontario received exemption orders effective on January 19, 1998 under Ontario Regulation 525/97, pursuant to Section 17(9) of the Planning Act. The City of Toronto and a number of other municipalities are included in Phase 2 of the Strategy and are anticipated to be included in an exemption order to be released on or about June 30, 1998.

Comments:

Although Bill 20 provides for the exemption of both official plans and official plan amendments, at this point in time the Minister’s exemption from approval applies only to official plan amendments. Official plans will remain subject to the approval of the Minister. The Minister of Municipal Affairs and Housing will thus remain as the approval authority for the new official plan of the City of Toronto. With respect to official plan amendments, the Minister has the authority, at any given time, to revoke the exemption order or modify any conditions. The exemption order issued to Phase 1 municipalities earlier this year included three conditions. It is anticipated that the same conditions will apply to the exemption order for the City of Toronto. Condition 1 of the exemption order would require that the City provide a copy of the proposed official plan amendment to the Minister as part of Provincial consultation under Clause 17(15)(a) of the Planning Act. Condition 2 of the exemption order would require that instead of providing a notice of adoption to the Ministry of Municipal Affairs and Housing, the City Clerk will be required to provide a copy of a sworn declaration regarding the following of proper notice and appeal procedures as required under subsection 17(28) of the Act to the Minister within 15 days of it being sworn. Lastly, condition 3 of the exemption order would require that, for those official plan amendments being referred to the Ontario Municipal Board (OMB), a copy of the record compiled under subsection 17(29) or 22(9) of the Planning Act be forwarded to the Minister at the same time as it is forwarded to the Board.

In discussions with Ministry staff, there is a Provincial expectation that City staff will monitor the effects of this new process and advise them on a regular basis. Also, as the Province is no longer approving official plan amendments, Ministry of Municipal Affairs and Housing staff will no longer be undertaking mediation to resolve disputes. Therefore, City staff may need to play a greater role in mediation to avoid or at least reduce the scope of OMB hearings. The most significant changes resulting from the new process will be the significantly shortened time to achieve approvals and the ability of the Minister, as the Provincial Governments’ representative, to appeal the adoption of an official plan amendment. There are no financial implications to the City resulting from exemption.

As a result of exemption, after Council gives notice of the adoption of an amendment, any person or public body, including the Minister of Municipal Affairs and Housing, may appeal the adoption to the Ontario Municipal Board within the 20 day appeal period provided for in the Planning Act. If there is no appeal the amendment comes into effect automatically on the day after the appeal period expires. Currently, upon adoption the official plan amendment is sent to the Minister of Municipal Affairs and Housing for approval. As Attachment 1 illustrates, the approval of an official plan amendment by the Minister can lengthen the approval process by up to 90 days.

In order for this new process to work effectively and efficiently, it is necessary that early preconsultation with the Ministry occur to allow for any Provincial interests to be identified and addressed from the outset, thereby avoiding Provincial appeals of municipal decisions to the OMB. The emphasis on preconsultation will require that the Planning Department notify the Minister of all proposed official plan amendments.

Conclusion:

Exemption of official plan amendments is a positive initiative of the Province of Ontario. Such action will significantly reduce the time line for official plan amendment approvals and increase local autonomy in land use planning. There are no significant financial or administrative implications resulting from exemption. Council should endorse the exemption of all City of Toronto official plan amendments from Provincial Approval.

Contact Name:

Jo-Anne Egan, Metro Hall Office

Telephone: 392-9782

Fax: 392-3821

e-mail: joanne_egan@metrodesk.metrotor.on.ca

Reviewed by:

Paul J. Bedford Virginia M. West

Executive Director and Chief Planner Commissioner of

City Planning Division Urban Planning and Development Services