Proposed Amendments to Ontario Regulation 73/23: Municipal Planning Data Reporting
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
Decision Summary
The Ministry of Municipal Affairs and Housing is proceeding with amendments to Ontario Regulation 73/23. The amendments will:
1. Expand the list of municipalities to which the regulation applies.
2. Improve the quality, completeness, and utility of the information reported.
3. Require municipalities to make public a summary of the data reported.
Decision Details
Schedule 1 of the regulation outlines which municipalities in Ontario are subject to the requirements of the regulation. Currently, 29 of Ontario's largest, fastest-growing municipalities are subject to the regulation. The Ministry is expanding the list of municipalities to include 21 additional municipalities (Appendix 1). Once the amendments take effect, the regulation will apply to 50 municipalities across Ontario.
The Ministry is amending Schedules 2 and 3, and adding a new Schedule 4 to the regulation. Appendix 2 outlines the amendments to the information that is reported on a quarterly and annual basis. Collectively, the amendments will improve the quality of the information being collected through the regulation by enabling municipalities to report on the status of various planning applications more accurately. Additionally, the amendments include a requirement to report information on proposed and approved housing units.
Consultation Summary
The Ministry reviewed all comments submitted in response to the proposal notice posting. The majority of the comments received on the proposed amendments had either neutral or mixed reactions. All feedback relevant to the posting was considered and used to inform final decisions regarding the amendments to O. Reg. 73/23.
As part of the review, the Ministry found the following themes:
1. Concern over the resourcing needed by municipalities to adhere to the reporting requirements of the regulation. The Ministry will provide an updated guidance document and sample templates to support municipal implementation and efficient reporting processes.
2. Concern over the publication of summary data. The Ministry recognizes concerns by municipalities that the publication of summary data may not provide the complete context. Municipalities will not be restricted from providing any additional supporting information, caveats, or context they deem necessary to help the public understand and interpret the information required to be made public.
3. Concern over the requirement to report on proposed/approved housing units. The Ministry has provided direction on which applications should include information related to proposed/approved housing units. This information will only be reported on the following applications: plans of condominium (units), plans of subdivision (lots) and consents (lots).
Analysis of Regulatory Impact:
Costs (direct compliance costs)
The amendments will expand the list of municipalities that report planning-related information to the Minister of Municipal Affairs and Housing on a quarterly and annual basis. The costs of adhering to the amended regulation, which include administrative tasks for both new and existing municipalities, are estimated to result in an annual direct compliance cost of $8,748 per municipality ($437,400 total) for the first year, and approximately $6,178 per municipality ($308,900 total) annually thereafter.
The amendments are expected to improve the quality of information reported to the Ministry and would provide a more complete picture of land use planning performance across the municipalities. The amendments support the goal of obtaining critically important planning information the government needs to inform evidenced-based decisions for housing and planning policy. This will help the government achieve its ambitious goal of 1.5 million new homes by 2031.
Benefits
The amended regulation is expected to increase transparency around land use planning approvals for the Ministry, municipalities, and home builders. It will enable the Ministry to more accurately track and measure application timelines, allow for the identification of additional streamlining opportunities, and provide the Ministry with the information needed to make evidenced-based planning and housing policy decisions. The regulation will primarily impact the 50 municipalities for which the regulation will apply.
Further Information:
Proposal Number:
24-MMAH008
Posting Date:
January 13, 2025
Summary of Proposal:
On April 6, 2023, Ontario Regulation 73/23: Municipal Planning Data Reporting, came into effect. This regulation requires 29 municipalities in Ontario to report information on planning matters to the Ministry on a quarterly and annual basis.
The purpose of this posting is to provide an overview of the proposed amendments to the regulation.
Expanding List of Municipalities
Schedule 1 of the regulation outlines which municipalities in Ontario are subject to the requirements of the regulation. Currently, 29 of Ontario's largest, fastest-growing municipalities are subject to the regulation. The Ministry is proposing to expand the list of municipalities to include 21 additional municipalities with provincially-assigned housing targets (Appendix 1). If the Ministry proceeds with this amendment, the regulation would apply to 50 municipalities across Ontario.
Datapoints and Frequency of Reporting
Under the current regulation, municipalities report application data on a quarterly basis for the following planning applications:
-official plan amendment applications
-zoning by-law amendments
-plans of condominium
-plans of subdivision
-site plan applications
-land severances (consents)
-minor variances
-community infrastructure and housing accelerator orders
-minister's zoning orders
The Ministry is proposing amendments to Schedule 2 and 3 of the regulation. Appendix 2 outlines the proposed amendments to the information that is reported on a quarterly and annual basis. Collectively, the amendments aim to improve the quality of the information being collected through the regulation by enabling municipalities to report on the status of various planning applications more accurately. Additionally, proposed amendments seek information on proposed and approved housing units.
The proposed amendments include a requirement to prepare a summary table, which outlines key statistics for each quarterly report (e.g., total number of submissions, decisions). Municipalities would be required to publish this summary to their municipal webpage and update the summary each quarter beginning October 1, 2024.
Contact Address:
scott.sterling@ontario.ca
Effective Date:
January 2, 2025
Decision:
Approved