Regulation - Minister
Edit Policy, act or regulation notice Proposed new regulation and regulation changes under the Planning Act, including transition matters, related to Schedule 12 of Bill 108 - the More Homes, More Choices Act, 2019
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
A new regulation and regulation changes under the Planning Act were filed on August 29, 2019 and came into force on September 3, 2019. The changes are needed to facilitate implementation of the changes to the Planning Act made by Schedule 12 of the More Homes, More Choice Act, 2019.
Further Information:
Link to Environmental Registry
Proposal Number:
19-MMAH008
Posting Date:
June 21, 2019
Summary of Proposal:
Bill 108 - the More Homes, More Choices Act, 2019 received Royal Assent on June 6, 2019. Upon proclamation, schedule 12 to Bill 108 would make changes to the Planning Act to help increase the supply of housing and streamline development approvals.
Regulatory Changes:
1) Transition:
Proposed changes to the transition regulation (O. Reg. 174/16: "Transitional Matters - General") would set out rules for planning matters in-process at the time certain components of Schedule 12 to Bill 108 are proclaimed. The proposed transition regulation changes would provide certainty regarding the processing and decision-making on planning matters.
Certain changes to the Planning Act through Schedule 12 to Bill 108 that are not addressed in the proposed transition regulation would apply immediately upon the coming into force of those changes.
Proposed Content:
It is proposed that the following changes which are part of Schedule 12 to Bill 108 be transitioned as follows:
Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
appeals of decisions that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
Expanding the grounds of appeal of a lack of decision on an official plan/amendment or zoning by-law amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
appeals of the failure of an approval authority or municipality to make a decision within the legislated timeline that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
The removal of appeals other than by key participants (e.g. the province, municipality, applicant) and the reduction of approval authority decision timelines for non-decisions of official plan/amendments would apply where the approval authority has not issued a notice of decision at the time the proposed changes come into force.
The removal of appeals other than by key participants (e.g. the province, municipality, applicant, utility companies, etc.) for draft plan of subdivision approvals, conditions of draft plan of subdivision approvals or changes to those conditions would apply where:
the notice of the decision to draft approve or change conditions is given, or
conditions are appealed other than at the time of draft approval
on or after the day the proposed changes come into force (e.g., appeals made during appeal periods that begin once the proposed changes come into force).
The reduction for decision timelines on applications for official plan amendments (120 days), zoning by-law amendments (90 days, except where concurrent with official plan amendment for some proposal) and plans of subdivision (120 days) would apply to complete applications submitted after Royal Assent.
2) Community Planning Permit System
The community planning permit system is a framework that combines and replaces the individual zoning, site plan and minor variance processes in an identified area with a single application and approval process. O. Reg.173/16 "Community Planning Permits" outlines the various components that make up the system, including the ma
Regulatory Changes:
1) Transition:
Proposed changes to the transition regulation (O. Reg. 174/16: "Transitional Matters - General") would set out rules for planning matters in-process at the time certain components of Schedule 12 to Bill 108 are proclaimed. The proposed transition regulation changes would provide certainty regarding the processing and decision-making on planning matters.
Certain changes to the Planning Act through Schedule 12 to Bill 108 that are not addressed in the proposed transition regulation would apply immediately upon the coming into force of those changes.
Proposed Content:
It is proposed that the following changes which are part of Schedule 12 to Bill 108 be transitioned as follows:
Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
appeals of decisions that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
Expanding the grounds of appeal of a lack of decision on an official plan/amendment or zoning by-law amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
appeals of the failure of an approval authority or municipality to make a decision within the legislated timeline that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
The removal of appeals other than by key participants (e.g. the province, municipality, applicant) and the reduction of approval authority decision timelines for non-decisions of official plan/amendments would apply where the approval authority has not issued a notice of decision at the time the proposed changes come into force.
The removal of appeals other than by key participants (e.g. the province, municipality, applicant, utility companies, etc.) for draft plan of subdivision approvals, conditions of draft plan of subdivision approvals or changes to those conditions would apply where:
the notice of the decision to draft approve or change conditions is given, or
conditions are appealed other than at the time of draft approval
on or after the day the proposed changes come into force (e.g., appeals made during appeal periods that begin once the proposed changes come into force).
The reduction for decision timelines on applications for official plan amendments (120 days), zoning by-law amendments (90 days, except where concurrent with official plan amendment for some proposal) and plans of subdivision (120 days) would apply to complete applications submitted after Royal Assent.
2) Community Planning Permit System
The community planning permit system is a framework that combines and replaces the individual zoning, site plan and minor variance processes in an identified area with a single application and approval process. O. Reg.173/16 "Community Planning Permits" outlines the various components that make up the system, including the ma
Contact Address:
Planning Act Review
Provincial Planning Policy Branch
777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada
Provincial Planning Policy Branch
777 Bay Street
13th floor
Toronto, ON
M5G 2E5
Canada
Effective Date:
September 3, 2019
Decision:
Approved