Uploaded/emailed by Steve Hartwell of Construction Network, Toronto, Ontario voice - (416)447-5728 Internet: or For complete hard copy of the Ontario planning reform package: Communications Branch, Ministry of Municipal Affairs 17th Floor, 777 Bay Street Toronto, Ontario M5G 2E5 voice (416)585-7041 fax 585-6227 TABLE OF CONTENTS for Backgrounder to Planning Reform Section Page Introduction 1 Empowering Municipalities 2 Roles and Responsibilities Open Local Government Protecting the Environment 6 Clear, Strong Provincial Policies New Planning Legislation More Meaningful Public Involvement Streamlining the Planning Process 11 Legislative Change Administrative Change Conclusion 20 INTRODUCTION An efficient and effective system of land use planning is extremely important to the environmental, economic and social interests of the people of Ontario. But because planning must achieve a balance between these traditionally competing interests, the land use planning system has evolved into a difficult, complex and complicated system that can hold back millions of dollars of viable and environmentally sound development projects. Ontario is now reforming this system, putting forward a fundamentally different vision of how the planning system should work, based on the extensive work of the Commission on Planning and Development Reform. The following background paper covers key changes the government is introducing. It discusses the reforms in terms of three different categories or topics: empowering municipalities, protecting the environment, and streamlining the planning process. Decisions around appropriate land use in Ontario have often been controversial. These reforms will not eliminate those controversies. But what they will do is provide a new political landscape where decisions will be driven by policy, rather than by reactions to development proposals. The larger objective of these reforms is to create an ecosystem planning process that meets the needs of the community, the economy, and the environment. In the new system, planning decision-makers will take into account different visions and interests for the broader public good. This is a difficult task but worthy of the struggle. Ultimately, the success of these planning reforms rests not only with the legislation and the policy statements, but with the thousands of people involved in the planning process. These include politicians and staff in municipal planning departments and committees, provincial civil servants, the development industry, environmentalists and community groups. With this new framework in place, and the good will and dedication of people involved in the planning system, we are confident that there will be new and exciting advances in land use planning that will be to the benefit of everyone in Ontario. EMPOWERING MUNICIPALITIES One of the main reasons why Ontario's planning process has become so complex and time-consuming is that different levels of government have approval powers over plans and developments. This has led to frustrating, endless delays and rising costs for developers. Proposed legislation to reform the planning and development system in Ontario addresses this problem by giving municipalities greater local control over the development process. It is based on the belief that planning the development of Ontario's cities, towns and rural areas can best be accomplished by the people who live there. ROLES AND RESPONSIBILITIES The proposed legislation establishes specific roles and responsibilities for the province and for upper-tier and lower-tier municipalities, helping to eliminate inconsistencies and unnecessary duplication. Within the proposed framework, the provincial government will set policy, municipal governments will make development decisions, and the Ontario Municipal Board will adjudicate disputes. Provincial Role In the current planning process, with the exception of approvals for consents and development control tools for matters such as zoning and site plans, all planning authority rests with the province, unless delegated to municipalities. Under the proposed planning reforms, regional governments and cities outside regions will be responsible for development approvals, and most regions will also be responsible for approving the official plans of their local municipalities. The new provincial role will be to establish the policies that guide provincial and municipal planning. This will be done by adopting a comprehensive set of policy statements, in addition to area-specific policy statements or provincial plans that address broad inter-municipal planning issues. The Ministry of Municipal Affairs will coordinate land use interests across provincial ministries (Ministry of Natural Resources, Ministry of the Environment and Energy, Ministry of Tourism, Culture and Recreation, etc.) and approve all upper-tier municipal plans. Municipal Role In the past, the Planning Act did not require municipalities to have an official plan. The proposed legislation will require that all regions, prescribed counties, separated municipalities, cities in Northern Ontario, and planning boards and municipal planning authorities prepare an Official Plan. Once these plans are in place, municipalities will have the power to approve development without further approval by the provincial government. The Ministry of Municipal Affairs will assist plan development, wherever possible, and in recognition of the diversity of municipalities across Ontario, allow for adequate time to prepare plans that are consistent with provincial policies. Specific municipal roles and responsibilities will be provided under the Planning Act. The delegation of these roles and responsibilities will recognize the various municipal structures and capabilities across Ontario. Regions (outside Metropolitan Toronto) ùmust prepare an official plan; regions with a two-tier planning structure may ùapprove official plans and plan amendments (if any) submitted by the local municipalities; approve ùsubdivisions and consents (may delegate this role to local municipalities). Metropolitan Toronto ùThe Municipality of Metropolitan Toronto must prepare an official plan. The ùprovince approves official plans and plan amendments of Metro Toronto and its lower-tier municipalities. Counties ùmust prepare an official plan within a scheduled timeframe where required by regulation; may be delegated authority to approve subdivisions and ùcondominiums; lower tiers may be delegated the power to approve subdivisions. Separated municipalities and cities in Northern Ontario ùmust prepare an official plan for provincial approval; approve subdivisions, ùcondominiums and consents; administer development control tools (zoning, site ùplan, etc.). Planning Boards in Northern Ontario ùmust prepare an official plan for provincial approval; can be delegated the ùauthority to approve plans of subdivisions, condominiums and consents; have authority to zone land. Municipal Planning Authorities ùmunicipalities in counties may form a Municipal Planning Authority with approval from the Minister of Municipal Affairs; must prepare an official ùplan for provincial approval; base representation on population; exempt ùaffected municipalities from county planning levies. OPEN LOCAL GOVERNMENT With greater responsibility and flexibility in planning delegated to local government, it is essential that local accountability also be strengthened. A package of reforms called "Open Local Government" will make local government representatives more accountable, through legislative changes regarding conflict of interest, open meetings and disposal of property. The Open Local Government reforms will make the local decision-making process more transparent and local decision-makers more accountable, by: ùrequiring that meetings be held in public and that councils put procedural by-laws in place to direct how they will conduct their business. Only a limited number of concerns, such as property acquisition, personnel matters and litigation, will be acceptable for discussion without the public present, and any final decisions must be made in an open public meeting. ùrequiring municipalities to maintain an inventory of their properties, declare when any lands are surplus to their needs, obtain an appraisal, and follow a procedural by-law for disposing of such surplus properties. ùrestricting the acceptance of gifts and benefits, as well as the use of insider information. ùrequiring local elected representatives to disclose limited and specific personal financial information under the Local Government Disclosure of Interest Act. While they would not have to reveal any values in their disclosure, the disclosure would be open to the public and subject to an annual update. This is similar to the disclosure required of members of the provincial legislature. ùremoving from the individual the burden of having to bring legal action under the Local Government Disclosure of Interest Act, through the appointment of a Local Disclosure Commissioner who would investigate and initiate legal proceedings if appropriate. CONCLUSION The province has recognized that there must be local control over planning in Ontario. The proposed legislation on planning reforms represents a recognition that planning is a partnership between municipalities and the province. It is also a recognition that Ontario municipalities have the capabilities and the strengths to plan well. PROTECTING THE ENVIRONMENT INTRODUCTION During the public consultation carried out by the Commission on Planning and Development Reform, strong voices were raised across Ontario on the need for effective policies for protecting our natural environment. Through the planning reforms now being proposed by the Government of Ontario, environmentally sound development will be promoted by means of clear policy statements and legislation that integrate social, cultural, economic and environmental values. The cornerstone to this new approach to land use planning will be a comprehensive set of broad, integrated provincial policies that provide vision and leadership for the long-term benefit of society and the environment. Human settlement and development in many parts of the province have degraded natural systems. The goal of the provincial policies incorporated into Ontario's new planning reforms will be to protect the quality and integrity of ecosystems, including air, land, water and biota, and to encourage restoration to healthy conditions where that quality has been diminished. CLEAR, STRONG PROVINCIAL POLICIES The comprehensive set of policy statements to be issued under the Planning Act include clear provincial priorities regarding the environment. These are policies that protect water quality and quantity; restrict development in certain significant natural heritage features; preclude development in extremely sensitive natural heritage areas such as ravines and wetlands; and permit a limited amount of development in other natural heritage areas. These policies will contribute to better protection of the environment in both direct and indirect ways. þGoal A, "Natural Heritage, Environmental Protection and Hazard Policies," relates directly to the protection of the environment. Goals 1 and 2 generally address the protection of the quality and the integrity of ecosystems, including air, water, land and biota. More specifically, a number of key natural features such as woodlands, valley corridors, water systems, habitat areas, and wetlands, which contribute to overall ecosystem health, are to be protected. The strong environmental protection provided by the Wetlands policy, issued in 1992, is maintained in Goal 2. Goal A3 restricts development in areas where natural or other hazards to human health and safety may result. þGoal B, "Economic, Community Development, and Infrastructure Policies," has a less direct but equally important relation to the environment. These policies will improve overall ecosystem health by requiring better management of growth and change. They will foster communities that are socially, culturally, economically and environmentally healthy, and that make efficient use of land, new and existing infrastructure, and public services and facilities. More specifically, the environment will benefit from policies calling for intensification and compact urban form in settlement areas; the efficient provision of infrastructure such as public transit; the reduction of potentially negative environmental effects (such as noise, odour, and other contaminants) of development within and outside settlement areas; and the separation or buffering of incompatible land uses. þGoal C, "Housing Policies," supports intensification and encourages the use of alternative development standards which facilitate compact urban form and efficient use of land. These policies are intended to ensure that opportunities are provided in every municipality in Ontario for the creation of affordable housing that is environmentally appropriate and adequate for all households. This means that new housing projects and proposals must meet the environmental requirements set out in the other policies in the comprehensive set of provincial policy statements. þGoal D, "Agricultural Land Policies," protects our agricultural land base by reserving prime areas (i.e., Class 1 to 3 soils) for farming and other agricultural uses for the benefit of existing and future generations. Other uses may be permitted in prime areas, but only if they meet the Goal B environmental protection policies (e.g., extensions of settlement areas); go through an environmental assessment process (e.g., new infrastructure); or are followed by rehabilitation so that the same area and soil quality for agriculture are restored (e.g., aggregate extraction). New development and livestock operations must comply with a minimum-distance separation requirement to ensure environmental compatibility. þGoal E, "Conservation Policies," promotes the wise use and conservation of our renewable and non-renewable energy sources. These new policies call for re-use, reduction and recycling, and for the planning of our communities to promote the most efficient modes of transportation, giving priority to low-polluting, energy-efficient travel such as transit, bicycling and walking. Conservation of our built environment is also encouraged through renovation and the re-use and recycling of building materials. Provision should also be made for efficient waste management systems that meet provincial environmental standards. þGoal F, "Mineral Aggregate, Mineral and Petroleum Resources Policies," protects the province's key non-renewable resources for current and future extraction, in an environmentally sound manner, to benefit all Ontarians now and in years to come. These new policies on mineral and petroleum resources ensure that existing operations and resource areas won't be impacted adversely by incompatible uses. Environmental concerns regarding the operation of pits, quarries, mines and oil wells are addressed by existing legislation, such as the Aggregates Act and the Mining Act. The new policies, and the incorporation of the Mineral Aggregate Resources Policy Statement (MARPS) into the comprehensive set of statements, deal with after-uses and rehabilitation. Thus, environmental concerns related to matters such as water quality and quantity can be addressed more effectively following commercial extraction. NEW PLANNING LEGISLATION Proposed amendments to the Planning Act provide a comprehensive policy and regulatory framework for integrating environmental concerns in land use planning. þOne of the most important legislative changes will require that a municipality's plans "be consistent with" provincial policy statements. This requirement will provide a strong mechanism for implementing these policies, but will still ensure a level of flexibility that will allow for local considerations and objectives. The consequences of the policy statements and the "be consistent with" requirement are that the new planning system will be policy-led. There will still be disputes over what is appropriate land use, but the disputes should occur at the policy development stages, like official plans, not over development approvals. Any disputes that cannot be resolved will be referred to the Ontario Municipal Board. þA "purpose" section in the Planning Act will provide greater clarity and direction to decisions made under the Act. This new section will be general, but will set out for the first time in Ontario what the Act is intended to do (including the promotion of sustainable economic development in a healthy natural environment within the broad provincial policy direction set out in the policy statements and by the means provided in the Act). þMandatory contents will be stipulated for all municipal and planning board official plans. The specific details will be set out by regulation, and will include matters relating to environmental protection, such as planning for water resources on a watershed basis. þAn optional planning process will be provided by a regulation which will provide municipalities with a detailed set of contents and processes for the comprehensive planning of land use, infrastructure, and other matters. This process will build in public consultation mechanisms and considerations such as alternatives and mitigation of environmental effects. It is intended that municipalities that choose to use this process will end up with a product which fulfils some of the key requirements of infrastructure planning under the Environmental Assessment Act. It will also have the added potential for combining land use planning and environmental processes, thus saving time and money. þEnvironmental Impact Statements (EISs), which are part of the implementation of the policies, will be prepared for new developments in or adjacent to certain significant natural features. This requirement, which was introduced in the Wetlands Policy Statement, is now included in several of the policies relating to environmental protection. An EIS will outline the environmental effects that might be expected to occur as a result of a proposed development, and give alternative methods and measures for mitigating such impacts in order that the proposed development may go ahead on land adjacent to protected natural features. þMonitoring provisions, to be included in municipal official plans and in individual EISs, will help to keep track of environmental conditions and cumulative effects of development on a continuous basis. This will facilitate timely and effective mitigative action to avoid potential negative impacts. þBetter control of site alteration, under an amendment to the Municipal Act, will enable municipalities to protect certain physical and natural areas. Local councils will be able to pass by-laws for certain types of site alteration, such as grading and the dumping of fill. þAn improved Ontario Planning and Development Act will enable efficient provincial planning and effective plans for geographic areas of provincial interest, including areas of specific environmental and natural heritage importance, such as the Oak Ridges Moraine. MORE MEANINGFUL PUBLIC INVOLVEMENT Changes to the Planning Act will enable early public participation in the planning process. These changes will result in faster and better decisions on development projects made at the local level. Specifically, from an environmental perspective, this will mean that concerns related to wetlands, water quality or other environmental values can be identified and addressed earlier in the process, before other often irrevocable actions have been taken. CONCLUSION The consequences of these changes in policy and legislation will be to strengthen ecosystem planning. This will be a vast improvement over previous practices and will make Ontario one of the leading jurisdictions in the protection of the environment. STREAMLINING THE PLANNING PROCESS The government is committed to streamlining the planning system in a number of different ways. The public, the development industry and Ontario municipalities have told the province that the planning process must be made faster and more efficient. The current system is too cumbersome and complicated, and decisions on what development should take place and where it should go take far too long. We cannot continue to support a costly and inefficient land use planning system. The impact of delayed decisions amounts to millions of dollars of delayed economic activity and potential employment. As a result, the government is bringing forward a package of planning reforms that would: ùmake legislative changes to streamline the municipal and provincial land use planning processes; establish strong provincial policies integrating the ùenvironment, the economy and social considerations; empower local decision- ùmaking and make it more accountable. The new system will be more predictable, because developers and citizens will know up front what the provincial policies are. They will also have detailed official plans of municipalities to guide them. The result will be a reduction in the number of disputes over land use planning issues. LEGISLATIVE CHANGE The changes to the Planning Act will bring about a number of streamlining measures. The new legislation will set a framework in which municipal and provincial decision-makers will make more timely decisions within specific timeframes. Official Plan Amendments (OPAs): In the OPA process, there used to be no limit to the time an applicant could be caught up in the planning system. In the new system, the approval authority will have five months at most to make its decision, unless the matter has to be decided by the OMB. (See Figure 1 for more details.) Plans of Subdivision For plans of subdivision, the approval process used to have no time limit. A maximum of six months will now be allowed for decisions. These decisions could be made simultaneously with the decision-making process for OPAs. (See Figure 2 for more details.) Minor Variances Minor variances (new porches, lot line changes, etc.) used to be referred to the OMB if a local decision was disputed. Now, the decision of municipal councils is final. This means that the OMB can concentrate on larger issues and can make their decisions faster. Ontario Municipal Board The role of the OMB is fundamental to a streamlined planning system. A fast and effective decision-making process at the provincial and municipal levels should assist the OMB in dealing with appeals on planning and development applications. First of all, by using alternative dispute resolution techniques, local councils will be able to resolve matters that might otherwise have been referred to the OMB. The OMB will also have expanded powers to dismiss appeals without a hearing where concerns are without merit. This will give the OMB the ability to deal more quickly with the more substantial cases it must hear. The OMB will also implement other streamlining measures under the legislative changes to the Ontario Municipal Board Act. Development Permit System Municipalities will be able to adopt a development permit system for a defined area in a municipality or for the whole municipality, and they will be able to delegate the issuance of development permits to staff. This will mean that municipal councils will not have to decide on individual development applications. This process will resolve detail in a speedy manner, help tailor development to the conditions and peculiarities of the site on which it is located, and ensure that public objectives are met. Public involvement in the development permit system would be at the official plan policy stage. Lapsing of Draft-Approved Subdivisions Municipalities (and the province, where it approves a plan of subdivision) will be permitted to let draft approval lapse within a specified period. This will allow sewer and water to be allocated to developments ready to go ahead. Under the old legislation, the timeframe was not specified; now municipalities can at least decide what the timeline will be (with a minimum of two years), so that developers have some certainty within which to plan. Comprehensive Planning Process The Planning Act does not currently require that municipalities, in preparing official plans, consider alternatives or address economic, social, or environmental issues and infrastructure planning. Municipalities doing infrastructure planning must now address these issues under the Environmental Assessment Act. It is proposed that municipalities may choose to follow one single process that will address both planning and environmental issues and save time and money. Mandatory Plan Contents The province will be relying increasingly on municipal official plans to implement provincial policies. Appropriate contents and scope of official plans will be set out by regulation. This will provide more certainty and direction. Planning in Northern Ontario Planning Boards in Northern Ontario will be strengthened and given increased authority to make local decisions on development applications. In the current system, development is controlled through a Minister's Zoning Order, which means all approvals are ultimately made by the Ministry of Municipal Affairs. It is proposed that all zoning responsibility, including administration, enforcement and all approvals, be transferred to Planning Boards. Conveyance of Land for Park Purposes Under the current system, some municipalities are double-charging developers for land donated for parkland purposes. The proposed amendment will make it clear that there will be only one dedication of parkland, unless the proposal for development is changed. Alternative Dispute Resolution Provisions Municipalities, developers, neighbours and provincial ministries are often involved in disputes which are appealed or referred to the OMB. A hearing can sometimes take many months to schedule and can cost the participants a considerable sum of money. Informal dispute resolution techniques can be highly successful at the local level. Widespread opportunities for alternative dispute resolution will be encouraged through a permissive clause in the Planning Act. A New Ontario Planning and Development Act A new Ontario Planning and Development Act will be enacted to streamline planning for creating and amending provincial plans. (One example of a current provincial plan is the Parkway Belt West Plan.) The process for creating provincial plans will be shortened, as will the process for amendments to plans. The current process for amending such plans is extremely costly, lengthy, and frustrating for the applicant. The shortened process will still allow ample opportunity for public input. These changes will provide an effective provincial planning tool for areas of provincial interest. As well, they will be used to process amendments to the Parkway Belt West Plan quickly, resulting in the release of public and private lands which are no longer needed for public purposes. This will increase opportunities for economic development and job creation. ADMINISTRATIVE CHANGE The groundwork for these legislative changes has already been laid by a number of innovations. Reducing the Backlog The Ministry of Municipal Affairs has taken concerted action to reduce planning application backlogs that are holding up development decisions. Substantial success has been achieved in this area. Improving Incoming Information The Ministry of Municipal Affairs, as lead ministry, has begun to take on a stronger role as adviser and provider of information on planning matters. An example is the "Guide to Provincial Planning Applications," which the ministry has issued in conjunction with industry to help the government and developers save time and money on planning approvals. Increasingly, clients are seeking assistance in working out the critical issues and potential disputes that they must address before making an application. The earlier this is done in the application process, the more likely it is that the end product will meet provincial and local policy requirements. The system is moving toward more and more work "up front." Internal Efficiencies and Improvements Various ways are being tested to reduce the circulation of applications among different review agencies for comment. This concept has been called the "one- window approach." Another initiative in this area concerns the dispute resolution capacity of the Office of the Provincial Facilitator. The Office has had a 75 per cent success rate in resolving these issues, through a variety of means. Reducing Delays at the Ontario Municipal Board Innovations and system changes are being tested that could alleviate caseloads at the OMB and reduce delays in hearing times. One approach is to make better use of alternative dispute resolution techniques before selected appeals to the OMB reach the formal hearing stage, thereby heading off costly and time-consuming hearings. OMB mediation experiments have been extremely successful in that 30 per cent of cases are withdrawn and another 60 per cent result in short hearings. The average cost to the OMB per mediated case is one-half the cost of an equivalent hearing. Another measure is the introduction of case management on a trial basis in part of Eastern Ontario. Under this approach, Board members and staff will be assigned to one area instead of operating in all parts of the province, as is now the case. This should speed up the process because members will quickly accumulate a knowledge of the area and its official plans and by-laws, as well as the major players. Timetables will also be introduced as part of the case management experiment. Hearing dates will be set at the beginning of a case, and involved parties will be informed that no adjournments will be allowed unless there is a very good reason. Any cases that are adjourned will be taken off the active list. The OMB is also producing a hearings guide to inform ratepayers and others about the hearing process and what it entails. The guide will also explain the requirements for a complete application, since incomplete files account for the greatest percentage of backlogged cases. CONCLUSION These innovations in the planning process and delivery of information have only just begun. The government intends to focus on efficient delivery and excellent customer service in the implementation of Ontario's planning reforms. CONCLUSION The reforms to the planning system now being proposed by the Government of Ontario represent major changes to the way planning will be carried out in this province. We are confident that these reforms will not only lay the groundwork for innovation in the planning process. They will also help us to achieve many of the environmental, economic and social goals of the people of Ontario. But these goals will be reached only if all of the people involved in the planning process -- politicians, planners, developers, landowners, environmentalists, and community activists -- work hard to make it happen. The future of planning in this province rests in the hands of all of us. Together, we must make sure that it becomes a reality.