Item - 2021.PH22.8

The Planning and Housing Committee recommends that:

1. City Council advise the Province that the City of Toronto supports the Province's scoped use of Minister's Zoning Orders provided that its use:

a. includes collaboration with City staff and officials in advance of the issuing of these Orders, including public consultation where feasible;

b. is consistent with and/or in conformity with Provincial policies and legislation, including the Provincial Policy Statement and The Growth Plan and that it complies with the Ontario Heritage Act, as the case may be;

c. continues to ensure that Site Plan matters remain within the City's jurisdiction;

d. balances local planning policy, including the Official Plan and technical considerations in order to support complete communities and good planning;

e. ensures that there is a mechanism for guaranteeing the City's revenue neutrality and the collection of appropriate community benefits in the event that Section 37 or Community Benefit Charges become inapplicable due to a Minister's Zoning Order;

f. incorporates a provision for adequate affordable housing in the proposed development where appropriate.

2. City Council advise the Province that it does not support the proposed changes to the Planning Act, contained in Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021 which provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1) of the Planning Act.

3. City Council direct the City Clerk to forward this Item to the Ministry of Municipal Affairs and Housing.

This report recommends measures that the Provincial government should implement when utilizing Ministers Zoning Orders ("MZOs") powers to protect local public interest and ensure accountability. MZOs can be an effective tool when used judiciously, in consultation with the affected municipality and local communities. To that end, it is recommended that the Minister should consult with, engage and reach agreement with the affected municipality in advance of making a decision to issue a MZO. This would essentially mimic a development review or due diligence process that provides due diligence against policy and standards that would otherwise apply to any other public or private development proposal. The goal would be to ensure that any proposed development can be implemented at the local level giving consideration to potential land-use planning issues related to site plans and ensure that the development is compatible with the surrounding area and contributes to the economic, social, cultural and environmental vitality of the City.

In addition, the Province should consider some form of formal public engagement where appropriate in the use of the MZOs. Public engagement not only results in more informed residents, but also can generate more support for the final decisions reached by decision makers. Participation helps generate ownership. Involved residents who have helped to shape a proposed development will better understand the issue itself and the reasons for the decisions that are made. Good communications about the public’s involvement in a local decision can increase the support of the broader community as well.

This report also responds to two recently announced proposed legislative changes. The first and which staff have concerns with are the proposed enhancements to the Minister's Zoning Order Powers (section 47 of the Planning Act) introduced on March 4, 2021 through Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021. The Bill proposes to amend the Planning Act to provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1) of the PPS.

Secondly, this Report addresses the legislative changes introduced on February 16, 2021, in Bill 245, the Accelerating Access to Justice Act, 2021. Bill 245 is an omnibus Bill affecting multiple pieces of legislation and the merging of existing land tribunals into one administrative body to be known as the Ontario Land Tribunal.