Regulation - Minister

Amendment to Ontario Regulation 826 to add the Pleasant View Survey lands in the Niagara Escarpment Plan area in the City of Hamilton to the area of development control

Regulation Number(s):
Ontario Regulation 826
Instrument Type:
Regulation - Minister
Bill or Act:
Niagara Escarpment Planning and Development Act
Summary of Decision:
A decision was made to proceed with the proposal. The proposal was implemented by an amendment to Ontario Regulation 826 under the Niagara Escarpment Planning and Development Act by Ontario Regulation 643/21. This regulation was filed by the Registrar of Regulations on September 10, 2021.

Analysis of Regulatory Impact:
This will not create any new costs for development permits. These changes will result in a decreased administrative cost for the City of Hamilton. The average annual present value savings to the City of Hamilton is approximately $1,700 (with the total present value saving over 10 years of approximately $17,100).

Building permits would still be required from the City once it is determined development is permitted, so there would not be any loss of revenue as a result.
Analysis of Regulatory Impact:
The anticipated environmental consequences of the proposal are expected to be neutral as the policies will not change, rather the Niagara Escarpment Commission will become the implementing authority rather than the City of Hamilton.

Likewise the anticipated social and economic consequences of the proposal will be neutral as only the implementing authority will change.

There will only be minor administrative cost adjustments as the NEC will become the implementing authority and issue development permits in the area rather than the City of Hamilton. As such the NEC could expect minor administrative cost increases and the City could likewise expect minor administrative cost decreases.
Further Information:
Proposal Number:
Posting Date:
July 23, 2021
Summary of Proposal:
Hamilton City Council and the NEC, have both requested that MNRF pursue adding the Pleasant View Survey lands to the area of development control.

R.R.O.1990, Reg. 826, is a Minister's Regulation, under the NEPDA which establishes the area of development control within the Niagara Escarpment Planning Area.

Development on the Niagara Escarpment in an area under Development Control, unless specifically exempted, is subject to the policies of the NEP and requires a development permit from the NEC.

This area is comprised of approximately 400 hectares bound approximately by Highway 6 to the east, Patterson Road to the north, York Road and Valley Road to the west, and the Canadian National Rail Line to the south. The lands were generally added to the Niagara Escarpment Plan (NEP) by way of Plan Amendment PW 179 09, approved by the Minister of Natural Resources on October 28th, 2013.

While the approval of the Amendment in 2013 made the Pleasant View lands subject to the policies of the NEP, the lands remained outside of development control and therefore remain subject to municipal zoning rather than to development control under the NEPDA.

As a temporary measure, the City of Hamilton has enacted an interim control bylaw to address conflict between a City zoning bylaw and the policies in the NEP. The Niagara Escarpment Commission (NEC) and City of Hamilton have requested that the Minister effect a long-term solution by bringing the Pleasant View Survey Lands within development control.
Contact Address:
Robert Pineo
Niagara Escarpment Commission
232 Guelph Street
Georgetown, ON L7G 4B1
Effective Date:
September 10, 2021