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Coming into Force: Building Better Communities and Conserving Watersheds Act, 2017 and Regulations LPAT Proposed Rules of Practice and Procedure

  • 07 mars 2018

Coming into Force: Building Better Communities and Conserving Watersheds Act, 2017 and Regulations LPAT Proposed Rules of Practice and Procedure
 
The Ministry of Municipal Affairs has provided the following updates regarding the Building Better Communities and Conserving Watersheds Act, 2017, which was passed as Bill 139 by the Legislature on December 12, 2017, and related regulations. 
 
Effect Date for the Act 
 
The changes the Act makes to the land use planning and appeal system will come into effect on April 3, 2018, as specified by proclamation.  
 
This includes changes to:
 
• establish the Local Planning Appeal Tribunal (the Tribunal) as the province-wide appeal body for land use planning matters;
• improve the hearing process at the Tribunal;
• establish the Local Planning Appeal Support Centre to provide legal and planning support services to eligible Ontarians for matters before the Tribunal;
• limit the Tribunal’s ability to overturn municipal decisions that adhere to municipal official plans, provincial plans and the Provincial Policy Statement;
• give municipalities more control over local planning, resulting in fewer decisions being appealed; and
• shelter certain major planning decisions from appeal.
 
Planning Act Regulations 
 
The Planning Act regulations will also come into effect on April 3, 2018.
 
Under the Planning Act, changes will be made to existing regulations to facilitate implementation of the Building Better Communities and Conserving Watersheds Act, 2017 changes to the land use planning and appeal system by:
 
• requiring explanations of how planning proposals are consistent/conform with provincial and local policies and clarify requirements for municipal notices;
• making technical changes, such as changing references from Ontario Municipal Board to Local Planning Appeal Tribunal, and amending cross-references; and
• establishing new transition provisions to set out rules for planning matters in process at the time of proclamation.
 
You can view copies of the amending Planning Act regulations on Ontario’s e-Laws:
 
• Ontario Regulation 67/18 “Transitional Matters – General” – amending Ontario Regulation 174/16 “Transitional Matters Relating to the Smart Growth for Our Communities Act, 2015”
• Ontario Regulation 68/18 – amending Ontario Regulation 543/06 “Official Plans and Plan Amendments”
• Ontario Regulation 69/18 – amending Ontario Regulation 549/06 “Prescribed Time Period – Subsections 17 (44.4), 34 (24.4) and 51 (52.4) of the Act”
• Ontario Regulation 70/18 – amending Ontario Regulation 551/06 “Local Appeal Bodies”
• Ontario Regulation 71/18 – amending Ontario Regulation 200/96 “Minor Variance Applications”
• Ontario Regulation 72/18 – amending Ontario Regulation 197/96 “Consent Applications”
• Ontario Regulation 73/18 – amending Ontario Regulation 545/06 “Zoning By-Laws, Holding By-Laws and Interim Control By-Laws”
• Ontario Regulation 74/18 – amending Ontario Regulation 544/06 “Plans of Subdivision”
• Ontario Regulation 75/18 – amending Ontario Regulation 173/16 “Community Planning Permits”
 
New regulations under the Local Planning Appeal Tribunal Act, 2017 are also proposed and it is anticipated that they will be finalized in the near future.
 
Proposed LPAT Rules of Practice and Procedure
 
As part of this transition, the proposed Rules of Practice and Procedures for LPAT have been released for comment. The proposed Rules may be found here (Word | PDF). Comments on the Rules can be sent to ELTO.CLO@ontario.ca until March 23, 2018.
 
Questions
 
Any questions about the changes to the land use planning and appeal system, including the Planning Act regulatory changes, can be sent to OMBReview@ontario.ca.