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For complete hard copy of the Ontario planning reform package:
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M5G 2E5
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    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)

∙must prepare an official plan; regions with a two-tier planning structure may
∙approve official plans and
 plan amendments (if any) submitted by the local municipalities; approve
∙subdivisions and consents (may delegate this role to local
 municipalities).


Metropolitan Toronto

∙The Municipality of Metropolitan Toronto must prepare an official plan. The
∙province approves official plans and plan amendments of Metro
 Toronto and its lower-tier municipalities.


Counties

∙must prepare an official plan within a scheduled timeframe where required
 by regulation; may be delegated authority to approve subdivisions and
∙condominiums; lower tiers may be delegated the power to approve subdivisions.

Separated municipalities and cities in Northern Ontario

∙must prepare an official plan for provincial approval; approve subdivisions,
∙condominiums and consents; administer development control tools (zoning, site
∙plan, etc.).

Planning Boards in Northern Ontario

∙must prepare an official plan for provincial approval; can be delegated the
∙authority to approve plans of subdivisions,
 condominiums and consents; have authority to zone land.

Municipal Planning Authorities

∙municipalities in counties may form a Municipal Planning Authority with
 approval from the Minister of Municipal Affairs; must prepare an official
∙plan for provincial approval; base representation on population; exempt
∙affected 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:

∙requiring 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.

∙requiring 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.
∙restricting the acceptance of gifts and benefits, as well as the use of
 insider information.

∙requiring 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.

∙removing 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.

■Goal 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.

■Goal 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.

■Goal 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.

■Goal 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.

■Goal 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.


■Goal 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.

■One 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.

■A "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).

■Mandatory 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.

■An 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.

■Environmental 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.

■Monitoring 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.

■Better 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.

■An 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:

∙make legislative changes to streamline the municipal and provincial land use
planning processes; establish strong provincial policies integrating the
∙environment, the economy and social considerations; empower local decision-
∙making 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.