Regulation - Minister

Municipal Reporting on Planning Matters - Minister's Regulation under the Planning Act

Regulation Number(s):
O. Reg. 73/23
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
Feedback Considered
The Ministry reviewed and considered all feedback received on the proposal postings. As a result of this feedback, the Ministry has elected to:
-Remove the request for 5-year historical data. This request was identified as a significant challenge and would impede municipalities' ability to report on the current planning-application and geospatial data. Removing this request will enable municipalities to focus efforts on establishing a process for collecting and reporting the other information required through the regulation.
-Remove the request for water/wastewater geospatial data. Municipalities flagged challenges with collecting this information. Removing this request will reduce the amount of information municipalities are required to report, thereby reducing the overall burden of the regulation.
-Collect data on residential units built as of right through separate data sources rather than through reporting required under O. Reg. 73/23

Context
As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters (section 64).

The Ministry is proceeding with the implementation of the Municipal Planning Data Reporting Regulation - O. Reg. 73/23. The regulation will provide the Ministry with data that can be used to measure progress towards various Housing Supply Action Plan commitments. This data will also provide the Ministry with information needed to support informed, evidence-based decisions around housing and planning policy.

This regulation also complements the government's initiative to develop Data Standards for Development and Planning Applications. That project aims to provide consistent rules and guidelines for the exchange of data required for planning and development applications. It will set minimum requirements for interoperability, connectivity, and communication between digital platforms to make sharing data easier.

Regulation Scope
The regulation applies to 29 of Ontario's largest, fastest-growing municipalities (Schedule 1 of O. Reg. 73/23). The Minister may amend the regulation to include additional municipalities as needed. These municipalities will be required to report planning-application information quarterly (Schedule 2 of O. Reg. 73/23) and additional information annually (Schedule 3 of O. Reg. 73/23).

Planning-application information includes:
-Official plan amendment
-Zoning by-law amendment
-Site plan
-Minor variance
-Land severance (consent)
-Plan of subdivision
-Plan of condominium
-Community infrastructure and housing accelerator orders
-Minister's zoning orders

Other planning information includes:
-Areas identified as a Strategic Growth Area with a minimum target
-Employment areas
-Employment area conversions
-Major transit station area boundaries
-Settlement area boundaries
Analysis of Regulatory Impact:
Costs (direct compliance costs)
This new regulation would require Ontario's largest, fastest-growing municipalities to report planning-related information to the Minister of Municipal Affairs and Housing on a quarterly and annual basis. The costs of adhering to this regulation, which include administrative tasks, are estimated to result in an annual direct compliance cost of $7,186 per municipality ($208,400 total) for the first year, and approximately $3,193 per municipality ($92,600 total) annually thereafter. The ministry updated the estimated compliance costs following municipal feedback received during consultation.

The introduction of this regulation is expected to result in greater transparency for Ontarians, including the businesses involved in building new homes. It will also provide the government with the information it needs to inform evidence-based decisions for housing and planning policy. Collectively, this will help the government achieve its ambitious goal of 1.5 million new homes by 2031. The information proposed for inclusion is information municipalities already collect internally.

Benefits
The new regulation is expected to increase transparency around land use planning approvals for home builders. It will also allow the Ministry to track and measure application timelines, allow for the identification of additional streamlining opportunities, and provide the Ministry with the information needed to make evidence-based planning and housing policy decisions. The regulation will primarily impact the 29 municipalities for which the regulation will apply.
Further Information:
Proposal Number:
23-MMAH001
Posting Date:
February 6, 2023
Summary of Proposal:
As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters (section 64).

The Minister is considering making a municipal data reporting regulation that would provide accurate and up to date data that the government can use to measure progress towards Housing Supply Action Plan commitments including the construction of 1.5 million new homes over the next 10 years. The information proposed for inclusion in the regulation is information municipalities currently collect as part of their planning processes. This minister's regulation will complement the government's initiative to develop Data Standards for Development and Planning Applications. That project aims to provide consistent rules and guidelines for the exchange of data required for planning and development applications. It will set minimum requirements for interoperability, connectivity, and communication between digital platforms to make sharing data easier.

The purpose of this posting is to provide an overview of the proposed regulation.

Approach
The regulation would initially apply to Ontario's largest, fastest-growing municipalities (Appendix 1). The Minister may amend the regulation to include additional municipalities as needed. Municipalities would be required to report planning-approval information quarterly and additional information annually (Appendix 2).

Datapoints and Frequency of Reporting
On a quarterly basis, beginning June 30th, 2023, municipalities would report application data for:
-official plan amendment applications
-zoning by-law amendments
-plans of condominium
-plans of subdivision
-site plan applications
-land severances (consents)
-minor variances
-number of housing units built as-of-right

On an annual basis, municipalities will report information on: areas identified as strategic growth areas, areas subject to intensification targets, employment areas and employment area conversions, existing water and wastewater infrastructure, and major transit station area boundaries.

Municipalities would also submit 5-year historical data (from 2018-2022 inclusive) for all datapoints identified. This information would be required to be submitted by December 31, 2023.

Format of Reporting
The proposed format of municipal submissions would include structured data (tables) and machine-readable geospatial data. The Ministry would provide a guidance document including detailed instructions and sample templates to support municipalities.

Method of Reporting
Municipalities would submit their information to a dedicated @ontario.ca e-mail inbox. More information on the reporting process would be detailed in the guidance material.
Contact Address:
Planning Policy Branch, Ministry of Municipal Affairs and Housing
777 Bay St, Toronto, ON M7A 2J3
Effective Date:
April 6, 2023
Decision:
Approved