FoNTRA Forum on OMB Reform
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1 FoNTRA Forum on OMB Reform 17 October Queen Street West Suite 1400 Toronto Ontario M5H 2M5 T (416) F (416)
2 CURRENT SCENARIOS WHERE NO RIGHT TO MAKE APPLICATIONS Unless Council declares otherwise by resolution, the following applications are prohibited: Requests for amendments to New Official Plans, before second anniversary of the first day any part of the plan comes into effect [Planning Act s.22(2.1)] Requests for amendments to New Comprehensive Zoning Bylaws that were carried out in accordance with s.26(9) by before the second anniversary of the day on which the council repeals and replaces all the zoning by-laws in effect in the municipality [Planning Act s.34( )] Requests for minor variances to private-initiated zoning bylaw amendments before the second anniversary of the day on which the by-law was amended [Planning Act s.45(1.3)]
3 BILL 139: ADDITIONAL SCENARIOS WHERE NO RIGHT TO MAKE APPLICATIONS Unless Council declares otherwise by resolution, the following applications are prohibited: Requests for amendments to secondary plans before second anniversary of the first day any part of the secondary plan comes into effect [Planning Act s.22(2.1.1] Requests for amendments to protected major transit station area policies [Planning Act s.22(2.1.3)]
4 CURRENT SCENARIOS WHERE NO RIGHT TO APPEAL (public amendments) Entire OPs (i.e. no global appeals) [Planning Act s.17(24.2), 17(36.2)] OP policies and zoning by-laws that authorize and implement second units and affordable housing inclusionary zoning policies [Planning Act s.17(24.1), 17(24.1.2), 17(36.1), 17(36.1.2), 34(19.1), 34(19.3)] Parts of OP that: Identify areas set out in other legislation e.g. Lake Simcoe watershed, Greenbelt Area, Oak Ridges Moraine Conservation Plan Area Identify Growth Plan forecasts of population and employment growth Identify boundary of settlement area to reflect settlement areas in approved upper tier municipalities [Planning Act s.17(24.4)-(24.5), 17(36.4)]
5 CURRENT SCENARIOS WHERE NO RIGHT TO APPEAL (private amendments) Non-decisions and refusals of private OP amendments and zoning by-law amendments re: New/altering settlement area boundaries Removal of lands from employment areas Amending inclusionary zoning [Planning Act s.22(7.1)-(7.3), 34(11.0.4)-(11.06)]
6 BILL 139: ADDITIONAL SCENARIOS WHERE NO RIGHT TO APPEAL OP policies and zoning by-laws identifying major transit station areas and establishing permitted uses or min/max densities and heights in these areas [Planning Act s.17(36.1.4), 34(19.5)] OP policies that result from a PPS consistency/provincial Plan conformity amendment exercise [Planning Act s.17(36.5), 21(3), 26(1)] Any new comprehensive municipal OP that the Minister has approved [Planning Act s.17(36.5), 21(3), 26(1)]
7 BILL 139: APPEAL OF APPROVAL AUTHORITY DECISIONS (OP) Appeal of a decision to adopt or approve an OP/OPA can only be made if the decision: is inconsistent with a policy statement, fails to conform with or conflicts with a provincial plan, or fails to conform with the upper-tier municipality s official plan [for lower-tier OPs and OPAs] [Planning Act s.17 (24.0.1), 17 (36.0.1)]
8 BILL 139: APPEAL OF APPROVAL AUTHORITY DECISIONS (Zoning) Appeal of a decision to pass a zoning by-law can only be made if the decision: is inconsistent with a policy statement, fails to conform with or conflicts with a provincial plan, or fails to conform with an applicable official plan [Planning Act s.34 (19.0.1)]
9 BILL 139: PRIVATE APPEAL OF COUNCIL REFUSAL OR NON- DECISION (OPA) Appeal can only be made if (a) the existing part or parts of the official plan affected by the subject amendment: are inconsistent with a policy statement fail to conform with or conflict with a provincial plan or fail to conform with the upper-tier municipality s official plan [for lower-tier OPAs] and
10 (b) the requested amendment: is consistent with policy statements conforms with or does not conflict with provincial plans and conforms with the upper-tier municipality s official plan [for lower-tier OPAs] [Planning Act s.22 ( )]
11 BILL 139: PRIVATE APPEAL OF COUNCIL REFUSAL OR NON- DECISION (Zoning) Appeal can only be made if (a) the existing part or parts of the by-law affected by the subject amendment: are inconsistent with a policy statement fail to conform with or conflict with a provincial plan or fail to conform with an applicable official plan; and
12 (b) the requested amendment: is consistent with policy statements conforms with or does not conflict with provincial plans and conforms with applicable official plans [Planning Act s.34 ( )]
13 Dennis Wood Queen Street West Suite 1400 Toronto Ontario M5H 2M5 T (416) F (416)
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