AGENDA

10:30 a.m. – 12:00 p.m.

Location: Bdrm WT-2C/2D, West Tower, City Hall

Mayor Linda Jeffrey City and Regional Councillors

Harry Schlange, Chief Administrative Officer Department Staff

Purpose To review and discuss the new Local Planning Appeal Tribunal (LPAT), which comes into effect as of April 3, 2018, as a replacement appeal tribunal for the Ontario Municipal Board.

10:30 a.m. Welcome

Denis Squires, City Solicitor

10:35 a.m. Local Planning Appeal Tribunal – What Happened to the OMB?

Matthew Rea, Legal Counsel

Allan Parsons, Director, Development Services

Peter Fay, City Clerk

Denis Squires, City Solicitor 12:00 p.m. Wrap-up and Adjournment

Lunch will be provided for Council in the 6th floor Bdrm following the Workshop, before the scheduled 1:00 pm Planning and Development Committee meeting.

City Council Workshop Rules Section 20 of Procedure By-law 160-2004, as amended, applies:

A workshop can include open session and closed session business, in accordance with the Procedure By-law and The Municipal Act, 2001.

Workshop notice is to be made available to the public.

After Workshop notice is provided, no new matters can be added to an agenda.

Quorum of Council is not required for a Workshop.

Members of the public attending a Workshop are permitted to observe the public session.

No decisions or directions to staff can be made at the Workshop. Any matter requiring a Council decision must be reported back to Committee or Council for consideration and approval.

The City Clerk’s Office will prepare “minutes” from the Workshop. Public session “minutes” are available for public review if a request is received.

Council Workshop

March 26, 2018

1

What happened to the Ontario Municipal Board?

(and other Bill 139 Changes)

Council WorkshopMarch 26, 2018

Joint Presentation of: Legal Services Planning & Development Services

City Clerk

2

Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017, comes into force on April 3, 2018.

Amends the Planning Act and Ontario Municipal Board Act and Conservation Authorities Act, among other statutes.

Ontario Municipal Board reform is the most impactful change to the City.

What is Bill 139?

Key Changes

ONTARIO MUNICIPAL BOARD (OLD PROCESS – OPA and ZBA)

LOCAL PLANNING APPEAL TRIBUNAL (NEW PROCESS – OPA and ZBA)

De Novo (new) Hearing• OMB decision based on evidence presented at hearing

Not De Novo Hearing• LPAT to review Council decision based on written record

Broad Test• “Good Planning”

Narrower Test• Conform/consistent with Provincial plans/policies/Region OP

One Hearing• OMB makes a decision

Two Hearings Possible• LPAT may refer matter back to Council before making decision

Hearing Time• ½ day to many months

Hearing Time• One day - Parties have 75 minutes; Participants 25 minutes

Witnesses• Parties call witnesses and have right of cross-examination

Witnesses• Only LPAT may call witness; no right of cross-examination

Parties• Party status determined during pre-hearing process

Parties• City and Applicant only parties as of right. Others must write

to seek status before mandatory case conference

3

Legal Tests on Appeal

1 Part Test

Is the decision of Council regarding the proposed Application: inconsistent with a policy statement issued under subsection 3(1); fails to conform with or conflict with a provincial plan; or fails to conform with the upper-tier official plan.

2 Part Test

The existing part or parts of the OP to be affected by the requested amendment are: inconsistent with a policy statement issued under subsection 3(1); fail to conform with or conflict with a provincial plan; or fail to conform with the upper-tier official plan.

The requested amendment is: consistent with policy statements issued under subsection 3(1); conforms with or does not conflict with provincial plans; and conforms with the upper-tier municipality’s official plan.

4

5

Appeal Flow Chart – OPA and ZBA

Council Approval, Refusal or Non-Decision

1st Hearing - Local Planning Appeal Tribunal

If inconsistent/fails to conform:

Council to re-consider decision

If consistent/conform:

Council decision is final

2nd Hearing - Local Planning Appeal Tribunal

If inconsistent/fails to

conform

If conform/consistent:

Council decision is final

LPAT makes a decision If no council decision LPAT makes

a decision

Other Notable Changes

Interim control by-law – No appeal of ICBL adoption, except by Minister. Extension of ICBL may be appealed by anyone entitled to receive notice.

Secondary Plans – No appeals for 2 years following adoption of OPA applicable to multiple contiguous parcels of land.

Major Transit Station Area – No appeals of policies and by-laws establishing major transit station area and uses, heights and densities within those areas.

New Non-Decision Timelines – Official Plan Amendment (210 days); Zoning and removal of holding symbol (150 days).

Local Planning Appeal Support Centre – funded by Province to assist eligible persons at tribunal hearings.

6

(A) Front Loaded “Complete” Development Applications

(B) Background Studies - available through digital links

(C) Planning Reports will be evidence

(D) Recommendation Reports – Final Approval vs. ‘Approval in Principle’

(E) Content of Recommendation Report – emphasis on “tests” and good planning.

7

Planning and Development Services Process Changes

Clerk’s Office Process Changes

Committee/Council Process

o Increase in submissions

o Notices

o More FOI requests

The record before Council

o All written submissions received or considered and all documents and reports prepared or filed

o Clerk to summarize oral submissions made by public to Committee/Council

o Clerk to provide digital copy of recorded Council/Committee proceedings (rule 5.04)

o Clerk to compile enhanced municipal record for second appeal (rule 26.04)

8

Summary

Front Loaded “Complete” Development Applications.

LPAT hearings will be based on the record before Council.

If LPAT determines that the Council decision is consistent and conforms, LPAT must dismiss the appeal.

If LPAT finds first decision of Council is inconsistent or fails to conform, Council may re-consider within 90 days.

If LPAT finds Council’s re-consideration decision is still inconsistent or fails to conform, LPAT may substitute its decision.

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Questions or Comments?