[All] New Attack on Good Planning: Initial Summary of Bill 97 and the Changes to the PPS

Thu Apr 6 23:43:41 EDT 2023

Good Evening,

If the challenges presented by Bill 23, the Greenbelt attacks, and the Regional Planning elimination weren’t enough, the provincial government continued its latest planning announcements on Thursday just before the holiday weekend.  While the expected decisions on the Regional Official Plans for Waterloo, Guelph, and the County of Wellington didn’t appear to happen there was the release of Bill 97 that is already being described as “The Build Sprawl Anywhere Act."

Earlier this afternoon, the Province of Ontario released the details of this new Bill 97 - labelled “Helping Homebuyers, Protecting Tenants Act" and the changes to the PPS.  Kevin and I did an initial overview (by no way comprehensive) but wanted to share our high-level overview of the changes:

1) Impacts Across Ontario - Whereas many of the recent government planning proposals were specific to areas in the Greater Toronto and Hamilton Area (e.g. Greenbelt carveouts or boundary expansions) - these latest changes undermine good planning across all of Ontario and especially in rural areas. 

2) Growth Plan Elimination - By eliminating the Growth Plan for the Greater Golden Horseshoe and including only a few supporting intensification provisions in the Provincial Policy Statement - former Growth Plan municipalities will be left to their own devices with little direction from the Province. Whereas there were previously 19 Growth Centres (mid-sized communities where the growth was expected), now individual municipalities are left to define their own "Strategic Growth Areas".  My fear is that it leaves municipalities vulnerable to NIMBY neighbourhoods or Councils that will try to minimize growth areas through changes to the Official Plan. This is bad news for intensification in built up areas and creating more transit-supportive neighbourhoods. Bottom line: Provincial Density Targets Have Been Eliminated (with the exception of Major Transit Station Areas that are already designated) that will likely result in less intensification and more sprawl. 

3) Enabling Employment Land Conversions - Proposed changes also streamline and facilitate the conversion of employment lands to residential. This is bad news because employment lands are already vulnerable to land speculators and fickle local politicians. Traditionally the Province has played a role in "protecting" employment lands. Bottom line: We will likely see an increase of the cannibalization of employment lands which also results in a less lucrative tax base for municipal operations. 

4) Massive Agricultural Impacts - Agricultural protections are being weakened on a number of fronts. In the past, the four provincial plans (Greenbelt Plan, A Place to Grow, the Niagara Escarpment Plan and Oak Ridges Moraine Conservation Plan) required the implementation of an agricultural system approach.The agricultural system approach is no longer mandatory. I believe that this means that Agricultural Impact Assessments are no longer required. Also, whereas urban boundary expansion were allowed in Prime Agricultural Areas (Class 1, 2 and 3 lands) but not in Specialty Crop Areas (Niagara region or Holland Marsh) - urban boundary expansions are now permitted in specialty crop areas. The revised PPS also liberalizes the possibility for residential lot creation in prime agricultural areas with up to "two additional residential units permitted in prime agricultural areas". Bottom line: the current of loss of 319 acres/day across Ontario will only be accelerating if these provisions are approved. 

5) Rural Development - New provisions in the PPS encourage developers to build private water and communal sewage systems in rural areas instead of pushing builders to build more homes in established settlement areas. Bottom line: more rural municipalities are likely to be saddled with expensive communal systems for rural subdivisions in the future. 

6) Bypassing Municipalities - Bill 97 includes details on the role of the New Provincial Land and Development Facilitator who will be appointed by the Minister (sec. 49.2). The facilitator will have the power to require a landowner to enter into an agreement with the municipality or Province "on any matter that the Minister considers necessary for the appropriate development of the land". I'm assuming that this is vague language that could include for instance servicing agreements. In essence, the Province can force a landowner or municipality to enter into an agreement about his/her land when it comes to future development. Bottom line: I believe that this is an unprecedented measure because it doesn't employ the Province's expropriation power yet it forces a landowner to come to an agreement for the Minister's understanding of what is needed for the appropriate development of the land. 

I hope that this initial overview is helpful - lots more to take in and digest. Please continue familiarizing yourself with these provisions as the Environmental Registry of Ontario (ERO) consultation opportunity is open for the next 2 months (until June 6th) for us to submit comments on these changes. 

Attached below are links to additional information on these and many other concerning changes.

With thanks, 

Mike Marcolongo and Kevin Thomason.

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1) Breaking Media Stories:

	The Narwhal - Ontario is Trying to Make it Easier to Convert Land into New Suburbs - Again:
	https://thenarwhal.ca/ontario-mzo-farmland/

	The Globe and Mail - Ontario Housing Bill Would Scrap Density Targets, Allow More Development On Farmland:
	https://www.theglobeandmail.com/canada/article-ontario-legislation-housing-farmland/

	The Toronto Star - Critics Warn Ford Governments New Plan to Meet Housing Target Will Boost Sprawl:
	https://www.thestar.com/politics/provincial/2023/04/06/ford-government-unveils-details-of-renoviction-protections-for-tenants-right-to-install-air-conditioners.html

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2) Environmental Defence E-mail Alert and Press Release - provides easy to understand overview and impacts:

Link to Learn More and Press Release:
https://environmentaldefence.ca/2023/04/06/ontario-to-kill-growth-plan-proposed-new-planning-rules-would-kneecap-housing-supply-efforts-and-unleash-unprecedented-sprawl-on-ontarios-forests-farmland-and-wetlands/

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3) Official Provincial Media Release:
	https://news.ontario.ca/en/release/1002910/ontario-introduces-next-steps-to-support-housing-supply-growth

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4) Bill 97 Act - Helping Homebuyers, Protecting Tenants Act, 2023:
	https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-97

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5) Proposed Provincial Planning Statement:
	https://prod-environmental-registry.s3.amazonaws.com/2023-04/Proposed%20Provincial%20Planning%20Statement,%20April%206,%202023%20-%20EN.pdf

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6) Next Steps:

Citizens, professional experts, and organizations are scrambling to try to understand everything released today with the knowledge that there is still more to come.  There is planning underway for a webinar on these changes (potentially Wed, Apr 19th at 7pm), printed materials to explain the impacts, and efforts to encourage people to submit comments to their local elected officials, MPPs, and the ERO.

The rural impacts of these proposed changes are particularly troubling and could have serious impacts on farmland with a significant increase in additional farmland loss.  There could be many opportunities for organizations - both urban and rural - across the province to work together to limit the damage from these unprecedented planning changes.

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7) Speak Up and Ensure Your Voice is Heard:

Premier Doug Ford - doug.fordco at pc.ola.org <mailto:doug.fordco at pc.ola.org> or 416-325-1941
Steve Clark - Minister of Municipal Affairs and Housing - steve.clark at pc.ola.org <mailto:steve.clark at pc.ola.org> or 416-585-7214
David Piccini - Minster of Environment, Conservation and Parks - david.piccini at pc.ola.org <mailto:david.paccini at pc.ola.org> or 905-372-4000
Todd Smith - Minister of Energy - todd.smith at pc.ola.org <mailto:todd.smith at pc.ola.org> or 613-962-1144
Michael Parsa - Associate Minister of Housing - michael.parsaco at pc.ola.org <mailto:michael.parsaco at pc.ola.org>

Local Conservative MPPs:
Mike Harris Jr - MPP Kitchener-Conestoga - mike.harris at pc.ola.org <mailto:mike.harris at pc.ola.org> or 519-669-2090
Brian Riddell - MPP Cambridge - brian.riddell at pc.ola.org <mailto:brian.riddell at pc.ola.org> or 519-650-2770
Jess Dixon - MPP Kitchener South - jess.dixon at pc.ola.org <mailto:jess.dixon at pc.ola.org> or 519-650-9413

Local NDP MPPs:
Catherine Fife - MPP Waterloo - cfife-qp at ndp.on.ca <mailto:cfife-qp at ndp.on.ca> or 519-725-3477
Laura Mae Lindo - MPP Kitchener Centre - llindo-qp at ndp.on.ca <mailto:llindo-qp at ndp.on.ca> or 519-579-5460

Or use the Hold The Line Waterloo Region engagement engine to automatically address and send an e-mail you help to draft: www.holdthelinewr.org <http://www.holdthelinewr.org/>

Comment on the Environmental Registry of Ontario - ERO

	1) Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument:
	https://ero.ontario.ca/notice/019-6177

	2) Site Plan for Residential Developments of 10 or Fewer Units:
	https://ero.ontario.ca/notice/019-6822

	3) Proposed Planning Act Changes:
	https://ero.ontario.ca/notice/019-6821

	4) Consultations Bulletin:
	https://ero.ontario.ca/notice/019-6827

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Keep the Greenbelt Promise - www.greenbeltpromise.ca
Grand River Environmental Network - www.gren.ca

Phone: (519) 888-0519
Mobile Phone/WhatsApp: (519) 240-1648

E-mail: lizandmichele at yahoo.ca
E-mail: kevinthomason at mac.com <mailto:kevinthomason at mac.com>
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