Proposed regulation under the proposed Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill 51) regarding zoning with conditions.

Original EBR registry number

RF06E0004

Updates

This notice was published to the Environmental Registry on July 4, 2006 for a 90 day public review and comment period. The notice was updated on August 14, 2017 to advise the public that there has been no change to the status of this proposal and it is still being considered.

Description of regulation

Bill 51 received first reading on December 12, 2005, and second reading on April 26, 2006.

The proposed regulation would establish conditions that could be imposed by a municipality as part of zoning approval.

Proposed Content:

Zoning with Conditions:

Bill 51, if passed, would provide the authority to establish a regulation that would set out the conditions that a municipality may impose as part of zoning approval provided that their official plan contains relevant policies.

• The conditions would need to be fulfilled and/or contained in a registered agreement on title of the land prior to the issuance of a building permit for the development.

It is proposed that the regulation would set out prescribed conditions that a municipality may impose in a zoning by-law.

Proposed prescribed conditions include measures that:

• are identified in studies completed prior to enactment of the zoning by-law e.g. noise attenuation measures - on site and off site)
• relate to the adequate provision of permitted hard services (e.g. water, waste, energy)
• provide for energy conservation and alternative energy provisions (e.g. district energy)
• mitigate development impacts affecting public health and safety (e.g. noise attenuation measures)
• secure land dedication for road widening
• ensure the orderly development of lands, buildings and structures (e.g. phasing requirements)
• relate to performance criteria being met prior to building permit issuance and/or any on-going monitoring or maintenance requirements tied to a registered agreement
• promote the maintenance, restoration or improvement of the diversity and connectivity of natural features and long-term ecological function and biodiversity of natural heritage systems
• protect and enhance heritage, archaeological and cultural resources that maintain landscapes, buildings or structures
• relate to open space (e.g. restrictions on impervious surface coverage)
• relate to the provision of transportation and public transit infrastructure (e.g. intersection improvements, traffic signals)
• relate to the provision of parking (e.g. execution of an agreement securing off-site parking spaces)
• provide assessment and remediation of contaminated land (e.g. brownfield site clean up)

Purpose of regulation

The purposes of this Notice are:

1. To inform the public, stakeholders and municipalities of Ontario that the province is considering introducing a regulation under the Planning Act;
2. To provide the basic outline of the proposed regulation; and
3. To provide 90 days for the public, stakeholders and municipalities of Ontario to comment on the proposed regulation by directing their written concerns to the contact persons noted below.

(Note: personal information about the person providing comments, such as name, phone and address can be accessed by any individual under the Freedom of Information and Protection of Privacy Act and will be released, unless specifically requested not to do so.)

Other information

Comments can also be sent to:

Ken Petersen , Manager
Ministry of Municipal Affairs and Housing
Local Government and Planning Policy Division
Provincial Planning Policy Branch
777 Bay Street, Floor 13
Toronto ON M5G 2E5
Phone: (855) 776-8011 Fax: (416) 585-4006

Public consultation

This proposal was posted for a 90 day public review and comment period starting July 04, 2006. Comments were to be received by October 02, 2006.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other public consultation opportunities

Please see additional material provided below:

• More information about Ontario Municipal Board / Planning Reform
• The proposed Planning and Conservation Land Statute Law Amendment Act, 2005 (Bill 51)
• Ontario Regulation 199/96 (Zoning By-Laws, Holding By-Laws and Interim Control By-Laws)