Land Use Planning – Overview

Land Use Planning webpage overview: This webpage contains news and updates on a variety of land use planning hot topics (and links at the end to additional postings and resources), including:

Bill 23
shoreland planning resources
floating acommodations on waterways
Minister’s Zoning Orders
Aggregates
the Provincial Policy statement and an explanation of the Planning Act, the role of the Province, municipalities, and your role as a citizen!

FOCA perspectives on Bill 23 – On October 25, 2022, Ontario released the Housing Supply Action Plan: 2022-2023 that proposes to get 1.5 million homes built over the next 10 years. As part of the Plan, the government has proposed a number of legislative and regulatory changes under the Conservation Authorities Act as well as policy proposals affecting numerous other statutes and regulations. Notably, this new legislation overrides some municipal powers related to planning of their own communities, lessens protection for natural heritage and wetlands, and may increase our exposure to flooding.

November, 2022 – FOCA has submitted comments (PDF, 15 pages) on Bill 23 ERO posting #019-6172, expressing concerns about proposed Planning Act and Development Charges Act changes.

FOCA remains committed to land use planning that delivers:

effective public participation, and transparent decision-making;
adequate protection of water, wetlands, forests, natural heritage, biodiversity, hazard, and flood protection);
promoting healthy rural economies;
climate resilience

A further summary of FOCA’s perspectives:

Protections of our remaining wetlands, that are critical infrastructure to protect our communities against flooding and to improve water quality. Lessening their protection is retroactive and counter-productive. “Offsetting”, by replacing destroyed wetlands with replacements rarely if ever fully replicate the ecological functions of natural ones

Flooding impacts are managed through thoughtful development, using local knowledge and in the context of local Official Plans. Ministerial intervention in development approvals short-circuits this local focus
Site plan control authority is an important tool for municipal government to achieve larger community goals, especially when it comes to protecting water sources, reducing erosion, maintaining vegetative buffers on shorelines, and waterfront aesthetics. These powers should be maintained to preserve the livability and sustainability of our communities
provincial intervention (limits) on development charges and permit fees will hurt taxpayers long term
Where they exist in Ontario, Conservation Authorities provide valuable watershed management insights into all manner of proposals on the landscape; their commenting role should not be excluded from potentially harmful activities or undertakings under the Aggregate Resources Act, Condominium Act, Drainage Act, Endangered Species Act, Environmental Assessment Act, Environmental Protection Act, Ontario Water Resources Act and the Planning Act etc.

Select other voices speaking out on Bill 23:

Nov. 23, 2022 – How the Ontario government’s sweeping planning and development changes will play out in cottage country (Cottage Life)

Conservation Ontario’s Submission to the Standing Committee on Heritage, Infrastructure and Cultural Policy

November 20, 2022 – Ontario’s Bill 23 proposes more homes built faster, but this comes at an environmental cost, Michael Drescher and Luna Khirfan, School of Planning, University of Waterloo (on Yahoo News)

Canadian Environmental Law Association (CELA) Action Alert: Bill 23

https://cela.ca/reviewing-bill-23-more-homes-built-faster-act-2022/

Nov. 17, 2022 – Watersheds Canada Bill 23 Submission to the Standing Committee on Heritage, Infrastructure and Cultural Policy

November 2022 – FOCA has been working with Watersheds Canada and partners on the Planning for our Shorelands steering committee for many months. We are pleased to announce the release of 3 new resources designed to help facilitate more resilient and healthy waterfront communities:

The Science Behind Vegetated Shoreline Buffers (PDF, 34 pages) – Using highly-cited and peer-reviewed scientific studies, this document outlines the benefits of vegetated shoreland buffers, and discusses why local decision makers, landowners, developers, and landscape professionals should maintain or restore native vegetation to achieve holistic protection for waterfront properties and ecosystems.
Environmental Net Gain (PDF, 6 pages) – a regulatory guide, including existing municipal by-law, policy, and and Official Plan examples to emulate

Shoreline Naturalization Planting Plan Template (PDF, 22 pages) – including tips for laying out a planting area, assessing local conditions, and choosing plants

These publications will help your municipality, and you as a property owner, to enjoy healthy and resilient waterfronts in your own community.

Hot Topic: Floating Accommodations on Waterways

Nov.3, 2022 – Why this shipping container home is making waves in Ontario cottage country (CBC News)

March 2022 – Floating container dwellings have emerged as a new blight on the waters of Central Ontario. They may be coming to other areas of the Province too, in time. These repurposed shipping containers are marketed as floating homes, but can be a navigational hazard, a visual scar, and an environmental risk. They are currently subject to no building, safety or environmental standards, and pay no property taxes.

Various routes of investigation are being pursued by FOCA and some of our member groups, including:

Municipal jurisdiction – setting bylaws that prohibit or restrict the placement of these structures (see an update from the Township of Georgian Bay, below);
Provincial jurisdiction – addressing the “camping on the water” argument through possible amendments to the Public Lands Act (see the Update immediately below, about a meeting with FOCA and the Ministry);
Federal jurisdiction – NOTE: at the April 12, 2022 meeting of the Ontario Recreational Boating Advisory Council (ON-RBAC), Transport Canada clarified that they consider these floating container structures as ‘vessels‘ which are therefore subject to the regulations of Pleasure Craft Licensing under the Canada Shipping Act 2001.

Update – March 2022: Ministry seeking input on floating accommodations on waterways over Ontario public lands

The Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF) held a virtual meeting with FOCA and other concerned member representatives on March 28, 2022. The meeting outlined the current Public Lands Act regulatory framework, and provided an opportunity to ask questions and provide feedback.

Download the slides from the meeting

Also, MNDMNRF has posted to the Environmental Registry of Ontario (ERO #019-5119) a Bulletin asking for public input on the same issue by April 19, 2022. The notice states that no regulatory changes are being proposed at this time; this is described as a posting for consultation purposes to “inform consideration of potential future changes” to address concerns about these types of structures. Please consider submitting your input, and copy FOCA on your message (info@foca.on.ca).

Presentations about these floating containers:

On March 23, 2022 members of the Gloucester Pool Cottagers’ Association presented to one of their two local municipalities (Severn Township) in support of bylaw enhancements for more appropriate management of these structures on Ontario’s lakes (as already adopted by their other municipality, the Township of Georgian Bay). Download the slides shown (PDF, 2MB)

At the FOCA Spring Seminar on February 26, 2022 the President of the Gloucester Pool Cottagers’ Association (GPCA) presented to fellow FOCA-members about the emerging issue of a floating residence constructed from shipping containers that appeared on their waterway in 2021 (a slide from the presentation is pictured at the side). A saga has ensued, to determine if this is a permissible structure, and if so, under whose authority.

The Township of Georgian Bay is now watching closely, and has resolved to enforce their newly-minted bylaw against such use, although the owner insists the structure is a vessel, and therefore only subject to Transport Canada guidelines.

Your Role: FOCA members are encouraged to review the GPCA presentation slides (see the 2022 AGM & Spring Seminar webpage, where members can login to access the Event Summary with copies of the slides). GPCA invites fellow members to reach out to them directly (contact information is on the second last slide) to become directly involved in this effort.

Related news items about floating containers:

Summer 2022 – Rocking the Boat: Floating Cottages Raise Ecological Concerns (article in the Georgian Bay Association Update)
April 19, 2022 – ‘This could be a disaster for the lakes’: Gravenhurst council talks floating accommodations (MuskokaRegion.com)
April 12, 2022 – Lake of Bays Council meeting – Mayor Glover made a Motion related to Floating Accommodations. Read the Council Minutes (scroll down to Item 8 – Notice of Motion).
Mar.26, 2022 – Floating homes could create waves for local civic officials (Orillia Matters)
March 23, 2022 – Manitoulin First Nation, municipal leaders express opposition to ‘floating accommodations’ (Manitoulin Expositor)
March 20, 2022 – Couple living the dream in a floating shipping container in Port Severn… But is it legal? (ParrySound.com)
March 7, 2022 – Georgian Bay township cracking down on container dwellings misuse (MuskokaRegion.com)

Planning work around the waterfront? Download these handy resources from partners, about WHO TO CONTACT for necessary permissions before you start the work:

in the Kawarthas > Best First Call Sheet (PDF, 2 pages; Lakeland Alliance)
in the Rideau watershed > Who to Call (PDF, 2 pages; RVCA & CRCA)

Also, Georgian Bay Forever and the Georgian Bay Association held a recent webinar about shoreline construction (including docks), that included this handy reference chart (NOT for those on the Trent Severn or Rideau Waterways, that have additional requirements). Click the image at the side to enlarge the chart, and see the full set of slides here; this is slide #108.

Minister’s Zoning Orders (MZOs)

September 8, 2021 – Bill 197 decision reaffirms right to participate in environmental decision-making (Environment Journal)

January 2021 – FOCA has written to the Province to express our concerns with Bill 197, and the increased use of Minister’ Zoning Orders.

Related:

March 9, 2021 – Doug Ford says he’s ‘proud’ of controversial MZOs to fast-track development (Toronto Star)
March 3, 2021 – How communities are fighting back against Doug Ford’s special zoning orders (National Observer)

December 2020 – Minister’s zoning orders (MZOs) are a provincial tool used infrequently to meet urgent Provincial priorities; however, Ontario has used 33 MZO’s since April 2020.

One instance includes an MZO to build a warehouse distribution centre and film studio on the ecologically sensitive Duffin’s Creek wetland in Pickering, ON. This example seems like particularly egregious overreach.

Another relates to 3 major developments near Lake Couchiching in the Township of Ramara which are potentially going ahead over the objection of local residents, and that fail to meet many Provincial policies.

FOCA is concerned the use of MZO’s has the potential to override local concerns and conditions at the expense of good local planning and sound environmental advice.

A proposal to enhance the Ministerial authority and allow for more MZOs is currently up for comment on the Environmental Registry of Ontario ERO No. 019-2811 until January 30, 2021

December 9, 2020 – Ford government using special provincial powers to help developer friends, NDP alleges (CBC)

November 25, 2020 – Massive Orbit project gets support for MZO request from Simcoe County (Orillia Matters)

November 21, 2020 – MZOs now ‘a weapon of mass destruction in the planning world,’ critics say (Collingwood Today)

Bill 197 – FOCA is concerned that major changes to environmental oversight are underway, with the July 2020 introduction of the omnibus Bill 197, COVID-19 Economic Recovery Act, 2020. This Bill affects 43 different pieces of Provincial Legislation. Notable throughout the Bill is an increase in the discretion of the provincial Cabinet to, for instance, prescribe which projects are subject to the Environmental Assessment Act (EAA).

FOCA believes that all environmentally significant undertakings should be reviewed through an appropriate and efficient EA process that is open, fair, and evidence-based. Further proposals to change the Planning Act would give Ministerial discretion to issue zoning orders, and to overrule decisions by municipal council and planning staff, even to the extent of a specific project and site details.

Further, Ontario’s Auditor General advised the government a week prior to the passage of Bill 197 of the potential contravention of the Environmental Bill of Rights (EBR). The EBR requires that any proposed amendments to legislation that could have a significant effect on the environment need to be made available to the public for comment on the Environmental Registry of Ontario (the ERO) for at least 30 days before being implemented. Ontario Premier Doug Ford has stated that he does not agree with the Auditor General’s assessment in respect of a possible contravention of the EBR.

Related media coverage and articles:

November 9, 2020 – A letter requesting amendments to the proposed list of projects that are subject to the Environmental Assessment Act (part of Bill 197), penned by Canadian Environmental Law Association and signed by FOCA and 54 other experts and organizations was submitted to the Ontario Ministry of Environment, Conservation and Parks.

October 22, 2020 – Environmental Assessment is Not Red Tape – A Primer on Recent Changes in Ontario (CELA Webinar, 51 mins)

September 11, 2020 – COMMENT PERIOD IS OPEN, until November 10, 2020 – The Ontario Ministry of the Environment, Conservation and Parks (MECP) is seeking input on a proposed list of projects which will be subject to the comprehensive environmental assessment requirements in the Environmental Assessment Act (EAA)

August 31, 2020 – Legal Action Launched Against Ontario’s Omnibus Bill 197. An application for judicial review asks the Divisional Court to issue declaratory relief and other remedies in relation to the omnibus legislation, which overhauls the Environmental Assessment Act and amends other provincial laws. (CELA)

August 10, 2020 – Groups sue Ford government for unlawful failure to consult public on Bill 197 (Ecojustice)

August 6, 2020 – Ontario introduces sweeping changes to environmental legislation (Osler Hoskin & Harcourt LLP)

August 19, 2020 – Concerns raised about Ontario’s environmental assessment changes (Lexis Nexis)

July 22, 2020 – Activists raise alarm as province passes environmental assessment redesign during pandemic (Cambridge Times) – “Groups including the Canadian Environmental Law Association, Ontario Nature and the Federation of Ontario Cottagers’ Associations argue the bill allows the province to ignore due process for environmental protection…”

July 13, 2020 – EA is Not Red Tape: The Case against Ontario Bill 197 (CELA blog)

June 17, 2020 – Doug Ford, and speeding up the planning process (TVO)

Earlier Land Use Planning News &

April, 2020 – FOCA’s partners at EcoVue Consulting have provided a one-page update for lake associations, regarding the state of municipal land use planning during the pandemic. Download the update (PDF, 1 page)

February 24, 2020 – Ex-Development lobbyist named to land-use tribunal (Globe and Mail)

October 2019 – FOCA’s comments on the 2019 proposed changes to the Provincial Policy Statement (PPS)

Aggregate Resources

November 2019 – FOCA’s comments on the proposed changes to the Aggregate Resources Act

September 2019 – The Ministry of Natural Resources and Forestry (MNRF) is responsible for managing Ontario’s aggregate resources, through the Aggregate Resources Act (ARA). The Ministry has proposed changes to the ARA, to “reduce burdens for business while also ensuring the environment is protected.” These changes were posted as ERO 019-0556. The MNRF summary of proposed changes include:

strengthening the protection of water
asserting that the application of municipal zoning on Crown land does not apply to aggregate extraction and that duplicative municipal zoning by-laws will be eliminated
clarifying that appeals about licenses cannot be made relative to aggregate haulage routes
providing more flexibility for regulations to permit self-filing of routine site plan amendments

As a significant group of rural landowners, FOCA believes that the siting and operation of aggregate resources should be subject to open and transparent public discourse and this activity needs to adequately consider adjacent and proximate land uses, due to the potentially intrusive nature of these operations.

The Province posts information about the Aggregate Resources Act, here.

The Provincial Policy Statement (PPS)

September 2019 – The Provincial Policy Statement (PPS) contains policies to direct land use decisions involving matters of provincial interest, such as:

building strong/healthy communities;
ensuring wise use/management of resources; and
protecting public health/safety

The proposed 2019 PPS update includes changes to current policies in relation to natural heritage, water, agriculture, mineral aggregate resources & hazards.
Details, supporting materials & links regarding the 2019 PPS Review was posted on the Environmental Registry: see https://ero.ontario.ca/notice/019-0279
• The deadline for public comments was October 21, 2019

About the Planning Act & Your Role

What is the Planning Act? The Planning Act sets out the ground rules for land use planning in Ontario, describes how land uses may be controlled, and who may control them.

How does the Planning Act work? Municipal councils, landowners, developers, planners and the public play an important role in shaping a community. Community planning is aimed at identifying common community goals and balancing competing interests of the various parties.

The central activity in the planning of a community is the making of an official plan, a document which guides future development of an area in the best interest of the community as a whole.

Notes from the Executive Director of the Ontario Professional Planners Institute (OPPI):

“Two great quotes and an interesting set of facts on costs from the OPPI Chief Planner Roundtable on the importance of getting it right when it comes to planning and designing the public realm:

- “The bitterness of poor quality remains long after the sweetness of low price is forgotten.” Benjamin Franklin
- “Price is what you pay. Value is what you get.” Warren Buffett.

Importance of Investing in Quality – Average costs over 35 years for a building: Design 1.5%, Construction 16.5%, but Maintenance 82%.”

The Planning Act provides the basis for:

considering provincial interests, such as protecting and managing our natural resources.
establishing local planning administration including planning boards in northern Ontario.
preparing official plans and planning policies that will guide future development
establishing a streamlined planning process which emphasizes local autonomy in decision-making.
exempting official plans from approval.
regulating and controlling land uses through zoning by-laws and minor variances.
dividing land into separate lots for sale or development through a plan of subdivision or a land severance.
ensuring the rights of local citizens to be notified about planning proposals, to give their views to their municipal council, and to appeal decisions to the Ontario Municipal Board (OMB). The OMB is an independent administrative tribunal responsible for hearing appeals and deciding on a variety of contentious municipal matters providing that provincial appeals are to be made through the Ministry of Municipal Affairs and Housing.

What is the province’s role?

The province:

issues provincial policy statements under the Planning Act
promotes provincial interests, such as protecting farmland, natural resources and the environment
provides one-window planning service to municipalities through the Ministry of Municipal Affairs and Housing, the primary provincial contact for advice and information on land use planning issues
gives advice to municipalities and the public on land use planning issues
administers local planning controls and gives the approval where required

What is the role of municipalities?

The local municipality:

makes local planning decisions that will determine the future of communities
prepares planning documents, such as: an official plan, which sets out the municipality’s general planning goals and policies that will guide future land use, and zoning by-laws, which set the rules and regulations that control development as it occurs.

The Planning Act also gives planning boards in northern Ontario the power to pass zoning by-laws for unorganized territory within their planning areas.

The Provincial Policy Statement (PPS) serves as a guide for municipalities in the creation of their Official Plans and other planning tools, the key working documents of a community, by directing that cultural and environmentally sensitive features are protected.

Your municipal council must give you as much information as possible when preparing its official plan. And before it adopts the plan, council must hold at least one public meeting where you can give your opinion. It is up to council to decide the best way to let people know about the meeting, but notice must be given at least 20 days ahead of time, usually through local newspapers or by mail.

The act encourages early upfront involvement and the use of mediation techniques to resolve conflict. Make sure you make your views known early in the planning process. If you don’t, this may mean that the Ontario Municipal Board (OMB) could dismiss an appeal you may make later on, without holding a hearing.

The Planning Act requires a similar procedure for changes to the official plan, for zoning by-laws and plans of sub-division.

How can you get involved?

You can be an important part of the land use planning process by keeping informed about what’s going on in your community and by taking part in public meetings.

With your input, the municipal council will be able to make better decisions that affect your future. So if you are concerned about all or any part of a planning proposal or policy change, you should:

find out as much as possible about the proposal
think about how it will affect you
talk to your neighbours about it
go to public meetings and information sessions and let council know what you think
write to your council member or the municipal clerk about your views
work with council and the municipal staff to resolve your concerns

Finally, if you are not happy with council’s decisions on planning issues, you may appeal to the LPAT (formerly OMB) for a public hearing.

anti-SLAPP

Public participation is an important part of land use planning, and there have been efforts undertaken related to this process, to protect individuals who want to speak up against “Strategic Lawsuits Against Public Participation” (SLAPP). FOCA has posted more information on this webpage: SLAPP – Protecting Public Participation