Act
The Planning Statute Law Amendment Act, 2023.
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Bill 150, Planning Statute Law Amendment Act, 2023
Summary of Proposal:
On November 16, 2023, the Minister of Municipal Affairs and Housing introduced the proposed Planning Statute Law Amendment Act, 2023 that would enact the Official Plan Adjustments Act, 2023 and make amendments to the Planning Act. If passed, the Official Plan Adjustments Act, 2023 would reverse the official plan decisions made in November 2022 and April 2023 affecting 12 municipalities.
This Act would wind back provincial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulations or to protect public health and safety. This includes winding back changes to urban boundaries while maintaining protections for the Greenbelt.
The Ministry is seeking input on both the legislation and potential implementation considerations associated with matters arising from the reversal of the official plan decisions.
Proposed Planning Statute Law Amendment Act, 2023
The proposed legislation if passed, would:
-Enact the Official Plan Adjustments Act, 2023, which would:
-reverse provincial decisions affecting 12 municipalities' official plans, comprising those issued on:
i. November 4, 2022, regarding: York Region Official Plan; Peel Region Official Plan; Halton Region Official Plan Amendment 49; Niagara Region Official Plan; City of Hamilton Official Plan Amendment 167 to the Urban Official Plan; City of Hamilton Official Plan; Amendment 34 to the Rural Official Plan; City of Ottawa Official Plan
ii. April 11, 2023, regarding: Waterloo Region Official Plan Amendment 6; County of Wellington Official Plan Amendment 119; City of Guelph Official Plan Amendment 80; City of Barrie Official Plan; City of Peterborough Official Plan; City of Belleville Official Plan
-approve the municipally-adopted Official Plans, retroactive to the date of the provincial approval (November 4, 2022 or April 11, 2023);
-outline transition rules that would apply to applications made since the official plans were approved;
-modify limited portions of the council-adopted Official Plans to address potential conflicts with legislation/regulations; and
-introduce immunity provisions to help mitigate legal risk resulting from this legislation.
-Amend the Planning Act to introduce immunity provisions to help mitigate legal risk related to the making, amending or revoking of Minister's Zoning Orders (MZOs). While no specific changes to MZOs are currently being made, this provision would help mitigate risk should revocations be necessary as the ministry reviews a use it or lose it policy.
This Act would wind back provincial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulations or to protect public health and safety. This includes winding back changes to urban boundaries while maintaining protections for the Greenbelt.
The Ministry is seeking input on both the legislation and potential implementation considerations associated with matters arising from the reversal of the official plan decisions.
Proposed Planning Statute Law Amendment Act, 2023
The proposed legislation if passed, would:
-Enact the Official Plan Adjustments Act, 2023, which would:
-reverse provincial decisions affecting 12 municipalities' official plans, comprising those issued on:
i. November 4, 2022, regarding: York Region Official Plan; Peel Region Official Plan; Halton Region Official Plan Amendment 49; Niagara Region Official Plan; City of Hamilton Official Plan Amendment 167 to the Urban Official Plan; City of Hamilton Official Plan; Amendment 34 to the Rural Official Plan; City of Ottawa Official Plan
ii. April 11, 2023, regarding: Waterloo Region Official Plan Amendment 6; County of Wellington Official Plan Amendment 119; City of Guelph Official Plan Amendment 80; City of Barrie Official Plan; City of Peterborough Official Plan; City of Belleville Official Plan
-approve the municipally-adopted Official Plans, retroactive to the date of the provincial approval (November 4, 2022 or April 11, 2023);
-outline transition rules that would apply to applications made since the official plans were approved;
-modify limited portions of the council-adopted Official Plans to address potential conflicts with legislation/regulations; and
-introduce immunity provisions to help mitigate legal risk resulting from this legislation.
-Amend the Planning Act to introduce immunity provisions to help mitigate legal risk related to the making, amending or revoking of Minister's Zoning Orders (MZOs). While no specific changes to MZOs are currently being made, this provision would help mitigate risk should revocations be necessary as the ministry reviews a use it or lose it policy.
Analysis of Regulatory Impact:
There would be no annual administrative costs to businesses anticipated from these proposed changes.
-However, based on preliminary analysis, there may be costs to municipalities as a result of these proposed changes.
-Costs would range from minimal direct compliance costs associated with municipal staff learning about the changes, to significant one-time direct compliance costs for municipalities to implement the adjusted official plans and official plan amendments and incorporate this direction into downstream planning decisions (e.g., zoning by-laws).
-However, based on preliminary analysis, there may be costs to municipalities as a result of these proposed changes.
-Costs would range from minimal direct compliance costs associated with municipal staff learning about the changes, to significant one-time direct compliance costs for municipalities to implement the adjusted official plans and official plan amendments and incorporate this direction into downstream planning decisions (e.g., zoning by-laws).
Further Information:
Bill 150, Planning Statute Law Amendment Act, 2023
Modifications in Proposed Bill (Official Plan Adjustments Act, 2023)
(Download Adobe Reader)
Proposal Number:
23-MMAH021
Posting Date:
November 16, 2023
Comments Due Date:
December 12, 2023
Contact Address:
mmahofficialplans@ontario.ca