Regulation - Minister
Proposed Amendments to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approval under the Planning Act
Regulation Number(s):
O. Reg. 525/97 (Exemption from Approval (Official Plan Amendments))
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
The Minister of Municipal Affairs and Housing (MMAH) has amended O. Reg. 525/97 (Exemption from Approval - Official Plan Amendments) under the Planning Act to exempt most official plan amendments of certain municipalities from the requirement to obtain the Minister's approval.
The Ministry also amended O. Reg. 525/97 to remove section 2 of the regulation given the revocation of the Growth Plan for the Greater Golden Horseshoe.
The amendments to O. Reg. 525/97 exempt most official plan amendments of the following lower-tier municipalities from the need for the Minister's approval:
• Waterloo Region municipalities - City of Cambridge, City of Kitchener, City of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, Township of Woolwich
• Durham Region municipalities - City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Municipality of Clarington, Township of Brock, Township of Scugog, Township of Uxbridge
• Niagara Region municipalities - City of Niagara Falls, City of St. Catharines, City of Port Colborne, City of Thorold, City of Welland, Town of Fort Erie, Town of Grimsby, Town of Lincoln, Town of Pelham, Town of Niagara-on-the-Lake, Township of West Lincoln, Township of Wainfleet
As of January 1, 2025 (lower-tier municipalities in Waterloo and Durham Region) and March 31, 2025 (lower-tier municipalities in Region of Niagara), matters requiring approval by the Minister would be: new official plans, amendments adopted in accordance with section 26 of the Planning Act, and amendments addressing policies required in connection with protected major transit station areas.
The Minister retains authority under the Planning Act to intervene where necessary to ensure proposed official plan amendments reflect provincial policy.
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that, when in effect, remove planning responsibilities from upper-tier municipalities identified in the legislation.
Through subsequent changes to the Planning Act made by Bill 185, the
Cutting Red Tape to Build More Homes Act, 2024, flexibility was provided to remove planning responsibilities from upper-tier municipalities separately, with timing subject to government decision-making.
Planning authorities were removed from the Regions of Peel, Halton, and York on July 1, 2024. January 1, 2025 and March 31, 2025 were proclaimed as the dates on which the Regions of Waterloo and Durham, and the Region of Niagara respectively will become upper-tier municipalities without planning responsibilities.
Accordingly, many lower-tier official plan matters, including site-specific official plan amendments, in the Regions of Waterloo, Durham, and Niagara will be adopted by the municipality without an additional level of approval.
Proposed exemptions for other municipalities impacted by Bill 23 (i.e., municipalities in Simcoe County) would require a separate regulatory amendment with its own consultation.
The Ministry also amended O. Reg. 525/97 to remove section 2 of the regulation given the revocation of the Growth Plan for the Greater Golden Horseshoe.
The amendments to O. Reg. 525/97 exempt most official plan amendments of the following lower-tier municipalities from the need for the Minister's approval:
• Waterloo Region municipalities - City of Cambridge, City of Kitchener, City of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, Township of Woolwich
• Durham Region municipalities - City of Oshawa, City of Pickering, Town of Ajax, Town of Whitby, Municipality of Clarington, Township of Brock, Township of Scugog, Township of Uxbridge
• Niagara Region municipalities - City of Niagara Falls, City of St. Catharines, City of Port Colborne, City of Thorold, City of Welland, Town of Fort Erie, Town of Grimsby, Town of Lincoln, Town of Pelham, Town of Niagara-on-the-Lake, Township of West Lincoln, Township of Wainfleet
As of January 1, 2025 (lower-tier municipalities in Waterloo and Durham Region) and March 31, 2025 (lower-tier municipalities in Region of Niagara), matters requiring approval by the Minister would be: new official plans, amendments adopted in accordance with section 26 of the Planning Act, and amendments addressing policies required in connection with protected major transit station areas.
The Minister retains authority under the Planning Act to intervene where necessary to ensure proposed official plan amendments reflect provincial policy.
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that, when in effect, remove planning responsibilities from upper-tier municipalities identified in the legislation.
Through subsequent changes to the Planning Act made by Bill 185, the
Cutting Red Tape to Build More Homes Act, 2024, flexibility was provided to remove planning responsibilities from upper-tier municipalities separately, with timing subject to government decision-making.
Planning authorities were removed from the Regions of Peel, Halton, and York on July 1, 2024. January 1, 2025 and March 31, 2025 were proclaimed as the dates on which the Regions of Waterloo and Durham, and the Region of Niagara respectively will become upper-tier municipalities without planning responsibilities.
Accordingly, many lower-tier official plan matters, including site-specific official plan amendments, in the Regions of Waterloo, Durham, and Niagara will be adopted by the municipality without an additional level of approval.
Proposed exemptions for other municipalities impacted by Bill 23 (i.e., municipalities in Simcoe County) would require a separate regulatory amendment with its own consultation.
Analysis of Regulatory Impact:
No new administrative cost for regulated entities. The proposed changes are intended to cut red tape to build more homes.
Further Information:
Planning Act
Proposal Number:
24-MMAH022
Posting Date:
December 20, 2024
Summary of Proposal:
The Minister of Municipal Affairs and Housing (MMAH) is proposing to amend O. Reg. 525/97 (Exemption from Approval - Official Plan Amendments) under the Planning Act in order to exempt certain municipalities from the requirement to obtain the Minister's approval of most official plan amendments.
The Ministry is also consulting on housekeeping changes to O. Reg. 525/97 to remove section 2 of the regulation given the revocation of A Place to Grow: Growth Plan for the Greater Golden Horseshoe on October 20, 2024.
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that would mean certain upper-tier municipalities would no longer approve, among other matters, official plans and official plan amendments of their lower-tier municipalities.
Through subsequent changes to the Planning Act made by Bill 185, the
Cutting Red Tape to Build More Homes Act, 2024, flexibility was provided to remove planning responsibilities from upper-tier municipalities separately through proclamations, the timing for which would be subject to government decision-making.
The government's intent is that January 1, 2025 would be proclaimed as the date on which the Regions of Durham and Waterloo will become upper-tier municipalities without planning responsibilities and March 31, 2025 as the date for the Region of Niagara.
To support the change in planning responsibilities in these Regions, the Minister is proposing regulatory amendments to O. Reg. 525/97 which, if approved, would exempt most official plan amendments of the following lower-tier municipalities adopted on or after January 1, 2025 from the need for the Minister's approval:
-Durham Region - cities of Oshawa and Pickering, towns of Whitby and Ajax, Municipality of Clarington, and townships of Scugog, Uxbridge, and Brock.
-Waterloo Region - cities of Cambridge, Kitchener, and Waterloo, and townships of North Dumfries, Wellesley, Wilmot and Woolwich.
And exempt most official plan amendments of the following lower-tier municipalities adopted on or after March 31, 2025 from the need for the Minister's approval:
-Niagara Region - cities of Niagara Falls, St. Catharines, Port Colborne, Thorold, and Welland, towns of Fort Erie, Grimsby, Lincoln, Niagara-on-the-Lake, Pelham, and townships of Wainfleet, and West Lincoln
The proposed regulatory amendments would, if made, mean that the only official plan matters in these municipalities which would require approval from the Minister as of January 1, 2025 and March 31, 2025 would be:
1. new official plans,
2. official plan amendments adopted in accordance with section 26 of the Planning Act, and
3. official plan amendments addressing policies required in connection with a protected major transit station area.
The proposed housekeeping amendments would, if made, mean that current exceptions to the official plan amendment exemptions that apply in certain contexts in the Greater Golden Horseshoe growth plan area would be removed, as they would no longer be relevant as of October 20, 2024.
Despite exempting official plan amendments from Ministry approval, the Minister would retain the authority under the Planning Act to intervene where necessary in order to ensure all exempt official plan amendments are in accordance with provincial policy.
The Ministry is aware that there are many official plan matters, such as site-specific official plan amendments, that the Regions have/would have exempted from the need for their approval. The Ministry intends that these matters or similar matters would continue to be reviewed and adopted by the relevant lower-tier municipality without an additional level of approval.
For clarity, decisions on land division, including both consents and plans of subdivision, are automatically assigned to lower-tier municipalities in the Regions of Durham, Waterloo, and Niagara following removal of the upper-tier municipality's land use planning responsibilities (see subsections 50 (1) and 51 (5.1) of the Planning Act, as revised by Bill 23). To the extent the Regions were responsible for land division matters prior to the removal of their planning responsibilities, subsections 70.13 (8) and (9) of the Planning Act (also added by Bill 23) assign ongoing matters to the relevant lower-tier municipality as well.
Proposed exemptions for other municipalities impacted by Bill 23, such as the lower-tier municipalities in Simcoe County, would be subject to further notice and consultation and a separate regulatory amendment, coinciding with future government decisions related to the date of proclamation of the Bill 23 changes that will remove planning responsibilities from the upper-tier municipality.
The Ministry is also consulting on housekeeping changes to O. Reg. 525/97 to remove section 2 of the regulation given the revocation of A Place to Grow: Growth Plan for the Greater Golden Horseshoe on October 20, 2024.
Bill 23, the More Homes Built Faster Act, 2022, made changes to the Planning Act that would mean certain upper-tier municipalities would no longer approve, among other matters, official plans and official plan amendments of their lower-tier municipalities.
Through subsequent changes to the Planning Act made by Bill 185, the
Cutting Red Tape to Build More Homes Act, 2024, flexibility was provided to remove planning responsibilities from upper-tier municipalities separately through proclamations, the timing for which would be subject to government decision-making.
The government's intent is that January 1, 2025 would be proclaimed as the date on which the Regions of Durham and Waterloo will become upper-tier municipalities without planning responsibilities and March 31, 2025 as the date for the Region of Niagara.
To support the change in planning responsibilities in these Regions, the Minister is proposing regulatory amendments to O. Reg. 525/97 which, if approved, would exempt most official plan amendments of the following lower-tier municipalities adopted on or after January 1, 2025 from the need for the Minister's approval:
-Durham Region - cities of Oshawa and Pickering, towns of Whitby and Ajax, Municipality of Clarington, and townships of Scugog, Uxbridge, and Brock.
-Waterloo Region - cities of Cambridge, Kitchener, and Waterloo, and townships of North Dumfries, Wellesley, Wilmot and Woolwich.
And exempt most official plan amendments of the following lower-tier municipalities adopted on or after March 31, 2025 from the need for the Minister's approval:
-Niagara Region - cities of Niagara Falls, St. Catharines, Port Colborne, Thorold, and Welland, towns of Fort Erie, Grimsby, Lincoln, Niagara-on-the-Lake, Pelham, and townships of Wainfleet, and West Lincoln
The proposed regulatory amendments would, if made, mean that the only official plan matters in these municipalities which would require approval from the Minister as of January 1, 2025 and March 31, 2025 would be:
1. new official plans,
2. official plan amendments adopted in accordance with section 26 of the Planning Act, and
3. official plan amendments addressing policies required in connection with a protected major transit station area.
The proposed housekeeping amendments would, if made, mean that current exceptions to the official plan amendment exemptions that apply in certain contexts in the Greater Golden Horseshoe growth plan area would be removed, as they would no longer be relevant as of October 20, 2024.
Despite exempting official plan amendments from Ministry approval, the Minister would retain the authority under the Planning Act to intervene where necessary in order to ensure all exempt official plan amendments are in accordance with provincial policy.
The Ministry is aware that there are many official plan matters, such as site-specific official plan amendments, that the Regions have/would have exempted from the need for their approval. The Ministry intends that these matters or similar matters would continue to be reviewed and adopted by the relevant lower-tier municipality without an additional level of approval.
For clarity, decisions on land division, including both consents and plans of subdivision, are automatically assigned to lower-tier municipalities in the Regions of Durham, Waterloo, and Niagara following removal of the upper-tier municipality's land use planning responsibilities (see subsections 50 (1) and 51 (5.1) of the Planning Act, as revised by Bill 23). To the extent the Regions were responsible for land division matters prior to the removal of their planning responsibilities, subsections 70.13 (8) and (9) of the Planning Act (also added by Bill 23) assign ongoing matters to the relevant lower-tier municipality as well.
Proposed exemptions for other municipalities impacted by Bill 23, such as the lower-tier municipalities in Simcoe County, would be subject to further notice and consultation and a separate regulatory amendment, coinciding with future government decisions related to the date of proclamation of the Bill 23 changes that will remove planning responsibilities from the upper-tier municipality.
Contact Address:
mmahofficialplans@ontario.ca
Effective Date:
January 1, 2025
Decision:
Approved