Proposed modifications to O. Reg. 311/06 (Transitional Matters ¡V Growth Plans) made under the Places to Grow Act, 2005 (part of the Co-ordinated Land Use Planning Review)
Bill or Act:
Places to Grow Act, 2005
Summary of Decision:
The following modifications to O. Reg. 311/06 under the Places to Grow Act, 2005 were filed on June 28, 2017 and came into force on July 1, 2017:
-Ontario Regulation 204/17 (Transitional Matters - Growth Plans)
Ontario Regulation 311/06, as modified, sets out specific rules for planning matters in process at the time the Growth Plan, 2017 came into force on July 1, 2017.
To provide clarity and facilitate a policy-based approach to transition for the Growth Plan, 2017:
references to the title of the Growth Plan have been updated (i.e. Growth Plan for the Greater Golden Horseshoe, 2017); and
a provision was added to allow upper- and single-tier official plans and official plan amendments specific to a settlement area boundary expansion to accommodate forecasted growth to 2031 and have been adopted before May 18, 2017, but not yet finally approved, to be approved in accordance with the original Growth Plan, 2006.
In order to streamline the regulation, certain existing provisions that were no longer applicable have been removed. These provisions include:
ss. 5.3 and 5.4, which provided that certain matters that were commenced before January 19, 2012 were not subject to Amendment 1, which were only applicable to the Simcoe Sub-Area.
s. 5.6 (The Special Rule) and s. 5.7 (associated section specific to the Midhurst Settlement Area), which were only applicable to the Simcoe Sub-Area.
In order to provide more certainty for the implementation of the Growth Plan, 2017 (in particular for the process of municipal comprehensive review), the transition provisions that allow certain matters involving settlement area boundary expansions to either be exempt from 1) the requirement to conform with the Growth Plan or 2) the Growth Plan policy requirement to demonstrate need, will expire on July 1, 2018.
This includes provisions for matters adding land to a settlement area that are prescribed under s. 24(3) of the Greenbelt Act, 2005.
May 23, 2017
Summary of Proposal:
O. Reg. 311/06 is a Minister's regulation under the Places to Grow Act, 2005 that prescribes transition provisions for growth plans under that Act. This regulation only applies to the growth plans under the Places to Grow Act, 2005 such as the Growth Plan for the Greater Golden Horseshoe. The provisions in this regulation are distinct from the transition provisions that apply to the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan, as provided for by the legislation governing those Plans.
In accordance with subsection 14(1) of the Places to Grow Act, 2005, all decisions made under the Planning Act and Condominium Act, 1998 shall conform with a growth plan that applies to that growth plan area. Subsection 3(5) of the Planning Act provides that decisions in respect of planning matters shall conform with provincial plans that are in effect on the date of decision. Any matter commenced, but where a decision(s) remains to be made prior to the effective date of the updated Growth Plan, if approved, would be subject to the policies of the updated Growth Plan, if approved. The only exception would be for planning matters prescribed by the Minister of Municipal Affairs ('the Minister') through O. Reg. 311/06 (Transitional Matters - Growth Plans).
July 1, 2017