Summary of Comments:
Submissions were received from municipalities, the professional/legal sector, development sector, environmental groups, community groups and members of the public. Most submissions did not raise significant concerns with the proposed changes to these existing Planning Act regulations.
Some submissions made recommendations for further changes to the regulations, for example, to require all notice of decisions to include information on the Local Planning Appeal Support Centre.
A few submissions expressed concerns with proposed changes intended to facilitate implementation of the consistency and/or conformity standard of review. For example, there were concerns that requiring an application to identify how it is consistent and/or conforms with provincial and local plans and policies will impact the current approach to development. There were also concerns with revising the municipal statement that must be sent to the Tribunal as part of a record following an appeal, stating that this inappropriately provides municipalities with the ability to give “untested” evidence to the Tribunal on whether the decision is consistent/conforms with provincial and local plans and policies.
Some submissions stated that 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 for the regulations.
As part of this process, the government sought to amend existing Planning Act regulations to facilitate implementation of the changes made by the Building Better Communities and Conserving Watersheds Act, 2017. The changes to the regulations are intended to provide greater certainty for land use planning processes set out in the regulations and are technical in nature.
Please note that the following notices are related to this posting:
EBR Registry Posting Number 013-1788: Proposed new regulation under the Planning Act to prescribe transitional provisions for 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