That Council adopt the following resolution, as amended:
WHEREAS the legislation that abolished the Ontario Municipal Board and replaced it with the Local Planning Appeal Tribunal received unanimous – all party support; and
WHEREAS all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and
WHEREAS Bill 108 will once again allow an unelected, unaccountable body make decisions on how our communities evolve and grow; and
WHEREAS the Region of York requests that the proposed changes to the Planning Act provide greater deference than that previously afforded to local, municipal decisions on development applications, by restoring the test under the Planning Act that appeals must be on the basis that the municipal decision is not consistent with the Provincial Policy Statement, fails to conform with a provincial plan, or fails to conform with the local and regional Official Plan(s); and
WHEREAS the Region of York requests that the tribunal framework restore the previous ability for participants in Local Planning Appeal Tribunal hearings to provide in person evidence in a hearing; and
WHEREAS the Region of York recognizes that proposed grouping together of a variety of community services, including parkland dedication, under community benefits charge framework, which is subject to a monetary cap, will limit a municipality’s ability to continue to provide parks and a range of community services and facilities at a consistent and equitable level of service across the municipality, and requests that the previous Development Charge “soft services” be maintained and separated from the community benefits charge under the proposed Bill 108; and
WHEREAS on August 21, 2018 Minister Clark once again signed the Memorandum of Understanding with the Association of Municipalities of Ontario and entered into “...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government.”; and
WHEREAS this Memorandum of Understanding is “enshrined in law as part of the Municipal Act” and recognizes that as “...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; and
WHEREAS by signing this agreement, the Province made “...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; and
WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997.
THEREFORE be it resolved that:
- The Regional Municipality of York express serious concerns with Bill 108 which in its current state may have negative consequences on community building and proper planning.
- The Region of York supports the positive changes within Bill 108 such as: 1. removing the requirement for low risk projects to undertake environmental assessments; 2. appointing more Local Planning Appeal Tribunal adjudicators to deal with appeals; 3. streamlining the planning process provided that the planning processes are streamlined at both the provincial and local levels]; 4. the removal of the 10% discount for determining development charges for hard services.
- The Regional Municipality of York call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved.
- A copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario.
- A copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.
A recorded vote on the adoption of the resolution, as amended, was:
For: Barrow, Bevilacqua, Emmerson, Ferri, Grossi, Hackson, Hamilton, Heath, Jones, Li, Lovatt, Mrakas, Quirk, Rosati, Scarpitti, Taylor, Vegh (17)
Against: DiPaola (1)
Absent: Jackson, Pellegrini, Perrelli (3)