Agg101 - October 9
Agg201 - October 10
Bill 108 introduces amendments to multiple statutes
Bill 108 – the More Homes, More Choice Act, 2019 received Royal Assent on June 6, 2019.
This comprehensive new legislation impacts a number of other pieces of legislation -- including The Planning Act.
On June 21, 2019 the government proposed new regulation and regulation changes under the Planning Act, including transition matters, related to Schedule 12 of Bill 108 - the More Homes, More Choice Act, 2019.
Of particular interest to aggregate producers are the changes to appeal processes of the Local Planning Appeal Tribunal. Here is an excerpt from the regulatory changes proposal:
Proposed changes to the transition regulation (O. Reg. 174/16: “Transitional Matters – General”) would set out rules for planning matters in-process at the time certain components of Schedule 12 to Bill 108 are proclaimed. The proposed transition regulation changes would provide certainty regarding the processing and decision-making on planning matters.
Certain changes to the Planning Act through Schedule 12 to Bill 108 that are not addressed in the proposed transition regulation would apply immediately upon the coming into force of those changes.
It is proposed that the following changes which are part of Schedule 12 to Bill 108 be transitioned as follows:
- Expanding the grounds of appeal of a decision on an official plan/amendment or zoning by-law/amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
- appeals of decisions that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
- Expanding the grounds of appeal of a lack of decision on an official plan/amendment or zoning by-law amendment and allowing the Local Planning Appeal Tribunal to make any land use planning decision the municipality or approval authority could have made would apply to:
- appeals of the failure of an approval authority or municipality to make a decision within the legislated timeline that have not yet been scheduled for a hearing by the Local Planning Appeal Tribunal regarding the merits of the matter before the Tribunal
- The removal of appeals other than by key participants (e.g. the province, municipality, applicant) and the reduction of approval authority decision timelines for non-decisions of official plan/amendments would apply where the approval authority has not issued a notice of decision at the time the proposed changes come into force.
- The removal of appeals other than by key participants (e.g. the province, municipality, applicant, utility companies, etc.) for draft plan of subdivision approvals, conditions of draft plan of subdivision approvals or changes to those conditions would apply where:
- the notice of the decision to draft approve or change conditions is given, or
- conditions are appealed other than at the time of draft approval
on or after the day the proposed changes come into force (e.g., appeals made during appeal periods that begin once the proposed changes come into force)
- The reduction for decision timelines on applications for official plan amendments (120 days), zoning by-law amendments (90 days, except where concurrent with official plan amendment for some proposal) and plans of subdivision (120 days) would apply to complete applications submitted after Royal Assent.
OSSGA is currently looking at the changes. Comments are due on August 6, 2019. Please contact Norm Cheesman at firstname.lastname@example.org if you would like to provide input.
Bill 108 More Homes, More Choices Act, 2019
An Act to amend various statutes with respect to housing, other development and various other matters.
Included in this Act are amendments to a number of statutes that are of interest to members of OSSGA:
- Schedule 2 – Conservation Authorities Act
- Schedule 5 – Endangered Species Act
- Schedule 6 – Environmental Assessment Act
- Schedule 7 – Environmental Protection Act
- Schedule 9 – Local Planning Appeal Tribunal Act
- Schedule 11 – Ontario Heritage Act
- Schedule 12 – Planning Act
Read Bill 108 here.
Also announced on May 2nd were changes to the Growth Plan.
On the Environmental Registry of Ontario, Proposed Modifications to O. Reg. 311/06 (Transitional Matters - Growth Plans) was posted with a response deadline of June 1, 2019. This notice is available here.
It appears that many of the changes put forward in Bill 108 are amendments that are also currently being reviewed by active ERO postings.
OSSGA is working with various committees to compare what’s included in the Bill with proposed changes we are already analysing – and to determine the impacts of these proposed changes.
Visit this page for updates.