Uploaded/emailed by Steve Hartwell of Construction Network, Toronto, Ontario
voice - (416)447-5728
Internet: <steve.hartwell@canrem.com> or
          <construction.network@canrem.com>

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) 

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. 

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