Summary of Comments:
The government received submissions on this proposal from municipalities, the professional/legal sector, development sector, environmental groups, community groups and members of the public.
Some submissions expressed general support for the proposed approach to transition as outlined in the proposal notice. Many submissions requested that the new system apply to all planning applications submitted after date of First Reading (i.e., retroactively to May 30, 2017). Some submissions stated they were unable to provide meaningful comments because the proposed intent for the regulations was posted for consultation rather than the draft regulations.
Effect of the Consultation on this Decision:
All comments received, including the comments from the broader consultation on Bill 139, were carefully considered in the decision-making process on this regulation.
The approach to transition rules had to apply within the scope of the authority set out in the Building Better Communities and Conserving Watersheds Act, 2017. The Act authorizes the Minister of Municipal Affairs to make regulation(s) that establish the rules for transition. While there is specific regulation-making authority to facilitate applying the Act’s changes to appeals that are filed prior to proclamation (i.e., before April 3, 2018), this authority only relates to appeals filed after Royal Assent (i.e., after December 12, 2017).
Over the years, the government has learned that transition rules should be simple, easy to implement and clear about the processing of on-going planning matters. Making the date of First Reading the threshold for transition would impact numerous appeals where decisions and related hearing processes could be put into question. The resulting confusion, including legal, administrative and financial impacts, would have been significant.
The approach to transition provides a balance between applying the new system as soon as possible and ensuring fairness for matters already in the system.
Please note that the following notices are related to this posting:
EBR Registry Posting Number 013-1790: Proposed amendments to matters included in existing regulations under the Planning Act relating to the Building Better Communities and Conserving Watersheds Act, 2017 (Bill 139)
Ontario Regulatory Registry Posting 17-MAG011: Proposed new regulations under the Local Planning Appeal Tribunal Act, 2017