Exemption of Official Plan Amendments
from Provincial Approval.
The Urban Environment and Development Committee:
(1)recommends the adoption of the report (June 23, 1998) from the Commissioner of Urban Planning and
Development Services; and
(2)reports having received the report (July 10, 1998) from the Commissioner of Urban Planning and Development
Services, and having directed that a copy thereof be forwarded to Council for information.
The Urban Environment and Development Committee submits the following report (June 23, 1998) from the
Commissioner of Urban Planning and Development Services:
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 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 Government's 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:
Ms. Jo-Anne Egan, 392-9782, Fax: 392-3821, e-mail: joanne_egan@metrodesk.metrotor.on.ca.
--------
Appendix 1
OPA Process: Non-Exempt and Exempt
Non-Exempt
Step 1 |
Step 2 |
Step 3 |
Pre-Adoption
-Preconsultation with approval
authority, municipality, public,
others. |
Decision by
Approval Authority
-90 days or less. |
Appeal
-20 days.
-By proponent, municipality, public,
others. |
Exempt
Step 1 |
Step 2 |
Pre-Adoption
-Preconsultation with approval authority, municipality,
public, others. |
Appeal
-20 days.
-By approval authority, proponent, municipality, public,
others. |
The Urban Environment and Development Committee also submits the following report (July10, 1998) from the
Commissioner of Urban Planning and Development Services:
Purpose:
To provide additional information respecting 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:
That this report be received and forwarded to Council for information.
Discussion:
Subsequent to submission of our report dated June 23, 1998, on this matter, staff have received the Exemption Order from
the Minister of Municipal Affairs and Housing stating that effective June 30, 1998, all official plan amendments adopted by
Council will be exempt from Provincial approval. As a result City staff are now implementing the new procedures outlined
in our June 23, 1998 report.
Contact Name:
Ms. Jo-Anne Egan, 392-9782, Fax: 392-3821, e-mail:joanne_egan@metrodesk.metrotor.on.ca.