Bill 39, Planning Statute Law Amendment Act, 2014

Milczyn, Peter Z.

Current Status: Ordered referred to the Standing Committee on General Government

Viewing: Original (current version) pdf

Bill 39                                                          2014

An Act to amend the City of Toronto Act, 2006, the Planning Act and certain regulations

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Amendments to City of Toronto Act, 2006

   1.  Section 111 of the City of Toronto Act, 2006 is amended by adding the following subsection:

Same

   (2.1)  When a condition is imposed under clause (2) (c),

  (a)  the City may require an owner of land to which the by-law applies to enter into an agreement with the City relating to the condition;

  (b)  the agreement may be registered against the land to which it applies; and

   (c)  the City may enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

   2.  Section 115 of the Act is amended by adding the following subsection:

No appeal re fee

   (8.1)  There is no appeal in respect of the fee established under subsection (8).

   3.  Clause 145 (3) (f) of the Act is repealed.

Amendments to Planning Act

   4.  Subsection 1 (1) of the Planning Act is amended by adding the following definition:

“affordable” has the same meaning as in the Provincial Policy Statement issued under section 3 that is published by and available from the Ministry of Municipal Affairs and Housing; (“abordable”)

   5.  Section 2 of the Act is amended by adding the following clause:

   (r)  the promotion of built form that,

           (i)  is well-designed,

          (ii)  encourages a sense of place, and

         (iii)  provides for public spaces that are of high quality, safe, accessible, attractive and vibrant.

   6.  Section 2.1 of the Act is repealed and the following substituted:

Decisions of councils and approval authorities

   2.1  When an approval authority or the Municipal Board makes a decision under this Act that relates to a planning matter,

  (a)  it shall have regard to any supporting information and material that a municipal council or approval authority considered in making a decision under this Act relating to the same planning matter; and

  (b)  the decision of the approval authority or Municipal Board shall be consistent with the decision described in clause (a).

   7.  (1)  Section 3 of the Act is amended by adding the following subsection:

Seeking approval

   (2.1)  When it is proposed to issue a policy statement, the Minister shall seek to obtain the timely approval of the Lieutenant Governor in Council.

   (2)  Section 3 of the Act is amended by adding the following subsections:

Aligning review of policy statements and provincial plans

   (11)  The Minister shall align the review of policy statements under subsection (10) with the review of provincial plans as much as possible.

Contents of policy statements

   (12)  The Minister shall ensure that policy statements issued on and after the day subsection 7 (2) of the Planning Statute Law Amendment Act, 2014 comes into force include,

  (a)  interpretation provisions; and

  (b)  provisions indicating how any conflicts with provincial plans are to be resolved.

   8.  Section 8.1 of the Act is amended by adding the following subsection:

No appeal re fee

   (9.1)  There is no appeal under subsections 69 (3) and (4) in respect of the fee established under subsection (9).

   9.  Clause 16 (1) (a) of the Act is amended by striking out “social, economic and natural environment of the municipality” and substituting “social, economic, built and natural environment of the municipality”.

   10.  (1)  Subsection 17 (25) of the Act is amended by striking out “and” at the end of clause (b) and adding the following clause:

(b.1) provide a summary of the evidence on which the appellant intends to rely in support of the appeal; and

   (2)  Subsection 17 (37) of the Act is amended by striking out “and” at the end of clause (b) and adding the following clause:

(b.1) provide a summary of the evidence on which the appellant intends to rely in support of the appeal; and

   (3)  Subsection 17 (40) of the Act is amended by striking out “180 days” and substituting “240 days”.

   (4)  Subsection 17 (44.4) of the Act is repealed and the following substituted:

Same

   (44.4)  When subsection (44.3) applies and one of the following conditions is satisfied, the information and material shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed:

    1.  The municipality moves a motion under this section.

    2.  The Municipal Board, on its own initiative or on a motion by any party,

            i.  considers whether the information and material could have materially affected the council’s decision, and

           ii.  determines that it could have done so.

   (5)  Subsection 17 (44.6) of the Act is repealed and the following substituted:

Council’s recommendation

   (44.6)  If the council’s recommendation is received within the time period referred to in subsection (44.4), the Municipal Board’s decision shall be consistent with the recommendation.

Same

   (44.6.1)  If the council’s recommendation is received after the time period referred to in subsection (44.4), the Municipal Board may have regard to the recommendation but is not required to do so.

   11.  (1)  Paragraph 1 of subsection 22 (7.0.2) of the Act is amended by striking out “180 days” and substituting “240 days”.

   (2)  Paragraph 2 of subsection 22 (7.0.2) of the Act is amended by striking out “180 days” and substituting “240 days”.

   (3)  Subsection 22 (7.2) of the Act is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

  (d)  amend or revoke a municipally-initiated plan provision that came into force less than five years before the request for amendment.

   (4)  Subsection 22 (8) of the Act is repealed and the following substituted:

Contents

   (8)  A notice of appeal under subsection (7) shall,

  (a)  set out the specific part of the requested official plan amendment to which the appeal applies, if the notice of appeal does not apply to all of the requested amendment;

  (b)  set out the detailed reasons for the appeal;

   (c)  provide a summary of the evidence on which the appellant intends to rely in support of the appeal; and

  (d)  be accompanied by the fee prescribed under the Ontario Municipal Board Act.

   12.  Section 26 of the Act is amended by adding the following subsection:

No appeal re provincial conformity exercise

   (7.1)  Despite subsections 17 (7), (36) and (40), there is no appeal in respect of an official plan amendment that complies with subsection (1) and with all the procedural requirements of this section.

   13.  (1)  Subsection 34 (1) of the Act is amended by adding the following paragraph:

Inclusionary housing

  4.1  Requiring that a specified percentage of housing units to which section 37.1 applies be affordable, and specifying the percentage.

   (2)  Subsection 34 (11) of the Act is amended by striking out “120 days” in the portion before paragraph 1 and substituting “the specified period”.

   (3)  Section 34 of the Act is amended by adding the following subsection:

Specified period

   (11.0.0.1)  For the purposes of subsection (11), the specified period is,

  (a)  240 days if the application relates to an amendment that is requested concurrently with an official plan amendment;

  (b)  180 days in all other cases.

   (4)  Section 34 of the Act is amended by adding the following subsection:

Same

   (11.0.4.1)  Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to implement an amendment to,

  (a)  a site-specific by-law that came into force less than five years before the application; or

  (b)  a by-law that came into force less than five years before the application and was passed concurrently with a municipally-initiated official plan amendment adopted under subsection 17 (22).

   (5)  Subsection 34 (19) of the Act is repealed and the following substituted:

Appeal to O.M.B.

   (19)  Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Municipal Board by filing with the clerk of the municipality the notice of appeal described in subsection (19.0.1), accompanied by the fee prescribed under the Ontario Municipal Board Act:

    1.  The applicant.

    2.  A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.

    3.  The Minister.

Contents of notice

   (19.0.1)  The notice of appeal under subsection (19) shall,

  (a)  set out the objection to the by-law;

  (b)  set out the detailed reasons for the appeal; and

   (c)  provide a summary of the evidence on which the appellant intends to rely in support of the appeal.

   (6)  Subsection 34 (24.6) of the Act is repealed and the following substituted:

Council’s recommendation

   (24.6)  If the council’s recommendation is received within the time period referred to in subsection (24.4), the Municipal Board’s decision shall be consistent with the recommendation.

Same

   (24.6.1)  If the council’s recommendation is received after the time period referred to in subsection (24.4), the Municipal Board may have regard to the recommendation but is not required to do so.

   14.  Subsection 37 (1) of the Act is repealed and the following substituted:

Increased density, etc., provision by-law

   (1)  The council of a local municipality may, in a by-law passed under section 34,

  (a)  require the provision of specified facilities, services and matters in exchange for a specified height or density of development, which may be within the ranges set out under clause (b) or outside those ranges as set out under clause (c);

  (b)  set out a list of minimum and maximum standards for development; and

   (c)  set out a range of possible variations from the standards referred to in clause (b) that may be authorized in connection with an agreement under subsection (3).

   15.  The Act is amended by adding the following section:

Inclusionary housing by-law

   37.1  (1)  The council of a local municipality may, in a by-law passed under section 34,

  (a)  require that a specified percentage of all housing units described in subsection (2) be affordable; and

  (b)  specify the percentage.

Application

   (2)  Clause (1) (a) applies to housing units in new housing developments,

  (a)  that contain 20 or more housing units; and

  (b)  whose construction requires a site-specific by-law or by-law amendment.

Condition

   (3)  A by-law shall not contain a requirement described in subsection (1) unless there is an official plan in effect in the local municipality that contains provisions relating to inclusionary housing requirements.

Incentives

   (4)  The existence of a by-law described in subsection (1) does not require the municipality to provide any financial assistance or other incentives to developers.

Agreements

   (5)  If a municipality has passed a by-law described in subsection (1), the municipality may require the developer of a new housing development containing housing units to which clause (1) (a) applies to enter into one or more agreements with the municipality dealing with affordable housing requirements in the development.

Agreement re: affordability

   (6)  Without restricting the generality of subsection (5), an agreement entered into under that subsection may restrict the ownership and occupancy of affordable units to eligible persons.

Registration of agreement

   (7)  Any agreement entered into under subsection (5) may be registered against the land to which it applies and the municipality is entitled to enforce its provisions against the developer and, subject to the Registry Act and the Land Titles Act, any and all subsequent owners of the land.

Regulations

   (8)  The Lieutenant Governor in Council may make regulations dealing with the following matters in connection with affordable housing units that are required by by-laws described in subsection (1):

    1.  The number of bedrooms in the affordable units.

    2.  The size of affordable units.

    3.  The timing of the construction of the affordable units.

    4.  The location and distribution of the affordable units.

    5.  The design and construction standards required for the affordable units.

    6.  The eligibility requirements for ownership and occupancy of affordable units.

    7.  Alternative methods for satisfying inclusionary housing requirements, including but not limited to payment of fees in lieu and the provision of land.

    8.  Such other matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the provision of inclusionary housing.

   16.  Section 38 of the Act is amended by adding the following subsections:

Exception, City of Toronto

   (4.1)  Subsection (4) does not apply with respect to an interim control by-law concerning land, buildings or structures located in the City of Toronto.

.     .     .     .     .

Transition, City of Toronto

   (9)  Despite subsection (4.1), subsection (4) continues to apply with respect to a particular interim control by-law concerning land, buildings or structures located in the City of Toronto if the notice of appeal is filed in accordance with subsection (4) before the day on which section 16 of the Planning Statute Law Amendment Act, 2014 comes into force.

   17.  (1)  Subsection 45 (1) of the Act is amended by adding at the beginning “Subject to any by-law made under subsection (1.0.1)”.

   (2)  Section 45 of the Act is amended by adding the following subsections:

By-law restricting certain applications

   (1.0.1)  A council may, by by-law, provide that no application shall be made under subsection (1) with respect to a site-specific by-law during the three years following the passing of the site-specific by-law unless the variance sought is technical or housekeeping in nature.

Regulation re scope of subs. (1)

   (1.0.2)  Subsection (1) is subject to any regulation made under paragraph 25.1 of subsection 70.1 (1).

   18.  Subsection 51 (25) of the Act is amended by striking out “and” at the end of clause (c) and by adding the following clause:

(c.1) that a specified percentage of housing units in all new housing developments in the subdivision containing 20 or more housing units be affordable, and specifying the percentage; and

   19.  Subsection 53 (4) of the Act is amended by striking out “any fee under section 69 or 69.1” in the portion before clause (a) and substituting “any fee under section 69, 69.0.1 or 69.1”.

   20.  The Act is amended by adding the following section:

Electronic notice

   62.0.0.1  Despite anything else in this Act or the regulations, when a notice is required to be given under this Act, it may be given electronically and is not invalid by reason of being given in that manner.

   21.  The Act is amended by adding the following section:

Tariff of fees re minor variance and consent applications

   69.0.1  (1)  The council of a municipality that has constituted and appointed a local appeal body under section 8.1 of this Act or section 115 of the City of Toronto Act, 2006 may, by by-law, establish a tariff of fees for the processing of applications in respect of minor variances under section 45 and in respect of consents under section 53.

Range of fees, criteria

   (2)  The tariff may provide for a range of fees based on criteria established in the by-law.

Same

   (3)  The tariff shall be designed to meet only the anticipated cost to the municipality in respect of,

  (a)  the processing of the applications mentioned in subsection (1); and

  (b)  appeals of those applications before the local appeal body.

Application of s. 69

   (4)  Subsection 69 (1) does not apply to a tariff of fees established under subsection (1).

Same

   (5)  Subsections 69 (2), (3) and (4) apply, with necessary modifications, to a tariff of fees established under subsection (1).

   22.  Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

25.1 defining “minor variance” and “desirable for the appropriate development or use of the land” for the purposes of subsections 45 (1) and (1.0.2);

Amendments to Ontario Regulations 332/12 and 552/06

   23.  (1)  Clause 1.4.1.3. (1) (a) of Division A of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992 is amended by adding the following subclause:

       (0.i)  section 111 of the City of Toronto Act, 2006 with respect to the City’s authority to prohibit and regulate the demolition and conversion of residential rental properties in accordance with the by-laws adopted by the council of the municipality,

   (2)  Clause 1.4.1.3. (1) (a) of Division A of the Regulation is amended by adding the following subclause:

   (xxi.1)  clause 51 (25) (a) of the Planning Act with respect to the payment of money or making arrangements satisfactory to the council of a municipality for the payment of money, where the payment is required under subsection 51.1 (1) of that Act,

   24.  Paragraph 13 of Schedule 1 to Ontario Regulation 552/06 (Appeal Body for Local Land Use Planning Matters) made under the City of Toronto Act, 2006 is repealed and the following substituted:

  13.  Requirements for mandatory mediation and related procedures.

Commencement and Short Title

Commencement

   25.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   26.  The short title of this Act is the Planning Statute Law Amendment Act, 2014.

 

EXPLANATORY NOTE

The Bill makes various amendments to the City of Toronto Act, 2006 and the Planning Actand also includes amendments to two regulations.

The amendments to the City of Toronto Act, 2006 expand the City’s options for enforcement of by-laws passed under section 111 (demolition and conversion of residential rental properties), prevent appeals in respect of fees established for the local appeal body under subsection 115 (8), and, by repealing clause 145 (3) (f), authorize the City to dissolve or change the local appeal body.

The amendments to the Planning Act include the following:

         Councils of municipalities are authorized to pass zoning by-laws under section 34 requiring a specified percentage of inclusionary housing in certain new housing developments, as spelled out in new section 37.1.

         Clause (r) (promotion of built form with specified desirable characteristics) is added to the list of matters of provincial interest in section 2.

         Section 2.1 is reworded to require approval authorities and the Ontario Municipal Board, when they make decisions under the Act relating to planning matters, to make decisions that are consistent with the decisions of municipal councils and approval authorities relating to the same planning matters.

         The Minister’s duties relating to policy statements, set out in section 3, are expanded.

         Appeals in respect of fees established for local appeal bodies under subsection 8.1 (9) are prevented.

         Application processing timeframes are extended, from 180 days to 240 days for official plan amendments (under sections 17 and 22) and for zoning by-law amendments that run concurrently with official plan amendments (under section 34), and from 120 to 180 days for other zoning by-law amendments (under section 34).

         Subsection 37 (1) is reworded to allow municipalities to establish a value-based formula for the use of section 37 (increased density, etc., provision by-law).

         Section 38 is amended to prevent appeals with respect to interim control by-laws of the City of Toronto.

         Electronic notice is an acceptable method of notice wherever the Act requires notice.

         Councils of municipalities that have set up local appeal bodies may establish tariffs of fees for processing matters dealt with by those bodies.

         New paragraph 25.1 of subsection 70.1 (1) of the Act authorizes the making of regulations to define key concepts in the minor variance process under section 45.

Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992 is amended to add, to the list of provisions that are “applicable law” for the purposes of clause 8 (2) (a) of the Building Code Act, section 111 of the City of Toronto Act, 2006 (demolition and conversion of residential rental properties) and clause 51 (25) (a) of the Planning Act(requirements in connection with payments in lieu under section 51.1).  The effect is to require compliance with these provisions before the chief building official issues a construction or demolition permit.

Ontario Regulation 552/06 (Appeal Body for Local Land Use Planning Matters) made under the City of Toronto Act, 2006 is amended to provide that the appeal body’s rules of practice and procedure must deal with requirements for mandatory mediation and related procedures.

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