The Places to Grow Act, 2005 and Transition Regulation MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 1

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Michael King
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1 The Places to Grow Act, 2005 and Transition Regulation MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 1

2 Learning Objectives To understand the Places to Grow Act, To understand the structure and relationship of growth plans within the provincial and municipal planning frameworks. To understand the transition regulation on how to apply the Growth Plan to applications, matters and proceedings that were in process at the time the Growth Plan came into effect (June 16, 2006). This presentation was developed to assist workshop participants in understanding the Places to Grow Act, 2005, the Transition Regulation (as amended), and the Growth Plan for the Greater Golden Horseshoe. The information in this presentation should not be relied upon as a substitute for legal or professional advice in connection with any particular matter. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 2

3 Places To Grow Act: Purpose Sustain a robust economy, build strong communities, and promote a healthy environment and a culture of conservation. Promote a rational and balanced approach to growth-related decisions. Broad approach to planning across natural and municipal boundaries. Ensure that a long-term vision and goals guide decision-making about growth. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 3

Places To Grow Act: Designation of Area Lieutenant Governor in Council (LGIC) may, by regulation, designate an area of land anywhere in the province as a growth plan area.

4 Places To Grow Act: Designation of Area Lieutenant Governor in Council (LGIC) may, by regulation, designate an area of land anywhere in the province as a growth plan area. Regulation 416/05 made on June 22, 2005 identified the GGH as the first growth plan area. Minister of PIR required to prepare a proposed growth plan for the area. Proposed Growth Plan for the GGH released in November MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 4

5 Places To Grow Act: Content of Growth Plans Act identifies a flexible list of what Growth Plans may contain: Population projections & allocations Identification of priority, emerging and future growth areas, and urban growth centres Other policies, goals, and criteria related to: intensification & density land supply & amendments to urban boundaries location of industry & commerce protection of sensitive & significant lands conservation of energy infrastructure development transportation planning growth capital spending and financing affordable housing & community design specified actions to be taken by municipalities to implement or achieve the policies or goals MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 5

6 Places To Grow Act: Notice & Consultation When a Proposed Growth Plan has been prepared, the Minister of PIR shall: give notice to the public and invite written submissions consult with municipalities provide notice on the Environmental Bill of Rights Registry The Minister of PIR may appoint one or more hearing officers to conduct hearings regarding the proposed plan. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 6

7 Places To Grow Act: Final Growth Plan After considering submissions received on the Proposed Growth Plan, Minister of PIR makes a recommendation to the Lieutenant Governor in Council. After it is approved by the LGIC, the Growth Plan comes into effect. The Minister may make regulations providing for transitional matters. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 7

8 Places To Grow Act: Review & Amendments A growth plan is to be reviewed at least every 10 years. Only the Minister of PIR can initiate an amendment to the growth plan. Affected municipalities and other bodies to be given notice of proposed amendments and be invited to make written submissions. Amendments are approved by LGIC. The Minister of PIR may approve non-significant amendments. Amendments are not appealable. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 8

9 Places To Grow Act: Effect of a Growth Plan All decisions under the Planning Act and Condominium Act, 1998 must conform to the Growth Plan. Municipal official plans must be brought into conformity within three years (by June 16, 2009). Minister of PIR may prescribe an alternative timeline. Municipal OPs have to conform to amendments to the Growth Plan. If, in the Minister s opinion, an OP does not conform with a growth plan, he/she may advise the municipality of the particulars of the non-conformity and invite the municipality to resolve the non-conformity. If the municipality fails to conform, or after consultation with the Minister the nonconformity cannot be resolved, then the Ministers of PIR and MAH may amend an OP (by joint order). MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 9

10 Places To Grow Act: The Provincial Policy Statement and Provincial Plans Provincial Policy Statement (PPS) provides overall policy direction on matters of provincial interest related to land use and development in Ontario. The Growth Plan should be read in conjunction with the PPS. The Growth Plan should also be read in conjunction with relevant provincial plans, including the Greenbelt, Niagara Escarpment, and Oak Ridges Moraine Conservation Plans. These plans apply to parts of the GGH and provide specific policy on certain matters. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 10

11 Places To Grow Act: Policy Conflicts In the event of conflict, the Growth Plan prevails over an Official Plan, and a zoning by-law. In the event of conflict, the Growth Plan prevails over the Provincial Policy Statement (PPS). However, in the case of a conflict between a Growth Plan and the Provincial Policy Statement (PPS), the Niagara Escarpment Plan, Oak Ridges Moraine Conservation Plan, or Greenbelt Plan, with respect to a matter relating to the natural environment or human health, the direction that provides more protection to the environment or human health will prevail. The Lieutenant Governor in Council may make regulations to resolve a conflict between the Growth Plan and other plans. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 11

12 Transition MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 12

13 Transition Places To Grow Act, 2005 requires all decisions, under the Planning Act or Condominium Act, 1998 conform to a growth plan as soon as the plan is in effect. Act also provides for the Minister of PIR to make regulations regarding transition provisions for matters, applications and proceedings commenced before or after a growth plan comes into effect. Minister of PIR made a transition regulation (311/06) on same day that Growth Plan was released, June 16, Amending regulation 324/06 was made on June 19. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 13

14 Transition The Growth Plan applies to all planning applications, matters and proceedings commenced on or after June 16, Regulation provides a definition for commencement. For example: For a request for an OPA (e.g. from a third party), commencement means the day the request is received. For a municipally initiated OP, OPA or zoning by-law, commencement means the day the by-law adopting the OP, OPA or zoning by-law is passed. For an application for a zoning by-law amendment, minor variance, consent, or approval of a plan of subdivision, commencement means the day the application is made. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 14

15 Transition In general, OPs or OPAs commenced prior to June 16 that include a boundary expansion of 300 ha or more are required to apply all or part of the Growth Plan. For those matters: If it is a privately-initiated application to amend an OP, and the application has not been approved by the approval authority, then all policies of the Growth Plan apply (see section 4 of regulation). If the matter was (a) municipally-initiated and adopted prior to June 16, or (b) privately-initiated but approved by the approval authority and appealed, then the policies of the Growth Plan apply, except for policy (see section 5 of regulation). Regulation also addresses minor exceptions, possible procedural loopholes, and other OPs/OPAs that may be subject to the Growth Plan. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 15

16 Scenarios for Discussion Scenario #1: The Town of Banana, a lower-tier municipality, is proposing an OPA to expand its settlement area boundary by 900 ha. It was approved by the upper-tier in May 2006 but appealed to the OMB. The hearing began in June 2006 and is still ongoing. Does the Growth Plan apply to the proceeding? Yes, the Growth Plan applies. It involves an urban expansion greater than 300 ha. Because the OPA was approved by the approval authority, policy of the Growth Plan would not apply. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 16

17 Scenarios for Discussion Scenario #2: At its December 17 meeting, a municipal council will be considering a landowner s application for an amendment to the zoning by-law. The application was received in April Does the Growth Plan apply to the application? No, the Growth Plan does not apply. Not a new OP or OPA. Applications for zoning by-law amendments are deemed to have commenced on the date the application was received. So this matter commenced prior to June 16, MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 17

18 Scenarios for Discussion Scenario #3: In May 2006 the City of Mini received an OPA application from a developer to expand the urban boundary by 250 ha. The City approved the OPA but it was appealed to the OMB. The OMB hearing began on June 10, On June 20, the developer asked the OMB to consider an expansion of 275 hectares, not 250 hectares. Does the OMB need to apply the Growth Plan to the application? Yes, the Growth Plan applies because the developer asked the OMB to increase the size of the settlement area expansion, while the matter was before the OMB. MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 18

19 Scenarios for Discussion Scenario #4: In December 2005, the Region of Metro approved a ROPA to expand the urban boundary in the lower-tier Town of Smallville by 200 ha. In January 2006 the Town of Smallville initiated an amendment to its OP to implement the ROPA. The Town will be considering adoption of the OPA in December Does the Growth Plan apply to the Town s OPA? Yes, the Growth Plan applies. The Town s OPA will commence (i.e. be adopted) after June 16, MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 19

20 End of Block 2: The Places To Grow Act, 2005 and Transition Regulation Questions? MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 20

21 The Places to Grow Act, 2005 and Transition Regulation MINISTRY OF PUBLIC INFRASTRUCTURE RENEWAL 21

3 Implementing Bill 73 Amendments to the Planning Act

3 Implementing Bill 73 Amendments to the Planning Act Clause 3 in Report No. 17 of Committee of the Whole was adopted, without amendment, by the Council of The Regional Municipality of York at its meeting held on November 17, 2016. 3 Implementing Bill 73