Bill 139 – the proposed Building Better Communities and Conserving Watersheds Act, 2017 was introduced on May 30, 2017. The Bill proposes to make changes to the Planning Act and introduce new legislation to replace the Ontario Municipal Board Act with the Local Planning Appeal Tribunal Act to give communities a stronger voice in land use planning.
If Bill 139 is passed by the Legislature and receives Royal Assent, the proposed regulatory changes would update tribunal references from “Ontario Municipal Board” to “Local Planning Appeal Tribunal”, where applicable. They would also require explanations of how planning proposals conform with local planning documents; clarify requirements for municipal notices and make other technical changes.
Regulations under the Planning Act currently include minimum requirements with respect to the information that must be submitted with each land use planning application and what information must be included in the record of materials sent to the OMB on an appeal.
It is proposed that the applicable above matters be updated in O. Reg. 543/06 “Official Plans and Plan Amendments”, O. Reg. 545/06 “Zoning By-Laws, Holding By-Laws and Interim Control By-Laws”, O. Reg. 544/06 “Plans of Subdivision”, O. Reg. 197/96 “Consent Applications”, O. Reg. 200/96 “Minor Variance Applications”, O. Reg. 549/06 “Prescribed Time Period – Subsections 17 (44.4), 34 (24.4) and 51 (52.4) of the Act”, O. Reg. 551/06 “Local Appeal Bodies”, O. Reg. 173/16 “Community Planning Permits” by:
- Revising what information is to be included in the giving of notice e.g. some decisions would be final and not subject to appeal;
- Revising what information and material is to be included in a complete application e.g. to include how an application conforms with the relevant official plan(s);
- Revising what is required to be forwarded to the Local Planning Appeal Tribunal on an appeal e.g. the municipal statement would need to indicate whether the decision conforms with the relevant official plan(s);
- Replacing references to Ontario Municipal Board with Local Planning Appeal Tribunal; and/or
- Updating relevant legislative cross-references.
The purpose for updating these existing regulations is to facilitate implementation of the proposed changes identified in Bill 139.