Canada: Major Changes To Zoning Law Proposed In Ontario's Bill 66

On December 6, 2018, Bill 66, Restoring Ontario's Competitiveness Act, 2018, was announced by the Government of Ontario and underwent first reading at the Legislature. If passed, Bill 66 would introduce amendments to a variety of statutes, most notably introducing significant and unprecedented changes to the Planning Act.

Proposed section 34.1 would allow municipalities to pass "open-for-business planning by-laws" (OFB ZBLs). The Province's Description of the Regulation describes this new zoning power as a tool to ensure that municipalities can act quickly to attract business seeking development sites. The description of the regulation further suggests that an OFB ZBL will be limited to proposals for new major employment uses.

OFB ZBL Exemptions from Planning Act Requirements

As proposed, an OFB ZBL enacted under subsection 34.1 of the Planning Act would be exempt from a wide range of planning regulations.

Act

Regulations Not Applicable

What this means for an OFB ZBL

Planning Act

Subsection 3(5)

An OFB ZBL need not be consistent with policy statements or conform to provincial plans.

Section 24

An OFB ZBL need not to conform to an upper or lower tier Official Plan, as may be applicable.

Section 36

An OFB ZBL is not affected by a holding by-law.

Section 37

Bonusing is not permitted with respect to an OFB ZBL

Section 41 (section 114 of the City of Toronto Act)

Site plan approval would not be required for development approved under an OFB ZBL

Clean Water Act, 2006

Section 39

An OFB ZBL would be exempt from source water protection policies.

Great Lakes Protection Act, 2015

Section 20

An OFB ZBL would be exempt from conformity requirements

Greenbelt Act, 2005

Section 7

An OFB ZBL need not conform with the Green Belt Act.

Lake Simcoe Protection Act, 2008

Section 6

An OFB ZBL need not conform to or have regard to Lake Simcoe Protection Plan policies.

Metrolinx Act, 2006

Subsection 31.1(4)

An OFB ZBL need not be consistent with designated polices in a transportation planning policy statement.

Oak Ridges Moraine Conservation Act, 2001

Section 7

An OFB ZBL need not conform to the Oak Ridges Moraine Conservation Plan.

Ontario Planning and Development Act, 1994

Section 13

Such by-law may conflict with a development plan that is in effect. It also appears that were such by-law is in effect; public works need not conform to the development plan in effect.

Places to Grow Act, 2005

Subsection 14(1)

An OFB ZBL need not conform with the Growth Plan.

Resource Recovery and Circular Economy Act, 2016

Section 12

An OFB ZBL need not be consistent with applicable policy statements.

OFB ZBL Enactment Process

Bill 66 would allow municipalities to pass OFB ZBLs through a streamlined process with relatively relaxed procedural requirements. An OFB ZBL would first need to be approved by the Minister. Approval by the Minister would need to be requested by the municipality through resolution and accompanied by the prescribed information.

Forthcoming regulations will likely provide additional information regarding the permitted purposes for which OFL ZBLs may be enacted and the preconditions for doing so. Nonetheless it likely that the required information will include description of the subject lands, land use planning information, and open-for-business information which would include details about the proposed employment opportunity. Prior to an OFB ZBL coming into force, the Minister may modify or revoke an OFB ZBL. If the Minister enacts an order to modify the OFB ZBL it will be deemed passed by the municipality with the modifications specified in that order. If the Minister makes an order revoking an OFB ZBL it will be deemed never have been passed by the municipality. An OFB ZBL may also be amended or revoked by a by-law passed under section 34. Any amendment that amends or revokes conditions enacted under section 8 requires notice to be provided by the municipality to the owner of the land which the OFB ZBL applies.

Bill 66 would amend the appeal and notice provisions of Section 34 of the Planning Act, such that person can apply for an amendment to the OFB-ZBL during the two-year period following its passage; an OFB-ZBL cannot be appealed to the LPAT; and, a municipality is not required to hold public meetings with respect to an OFB-ZBL

Status of Bill 66

The proposed legislation is undergoing a public review. The Environmental Register is accepting submissions with respect to these regulations; the deadline for submissions is January 20, 2019. Online comments can be submitted electronically via the Environmental Registry website.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
 
Email Address
Company Name
Password
Confirm Password
Position
Industry
Mondaq Newsalert
Select Topics
Select Regions
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions