Marianne Meed Ward, City/Regional Councillor, Ward 2

To: Chair & Members of the Development & Infrastructure Committee

From: Marianne Meed Ward, City/Regional Councillor, Ward 2

Date: July 12, 2016

Re: Resolution on OMB Reform

Attached as Appendix A is a proposed Burlington resolution on reform to the Ontario Municipal Board for consideration by the Development & Infrastructure Committee July 12.

On June 23, 2016, the province announced a review of the OMB, inviting feedback on a number of topics. The announcement is included as Appendix B, with additional background in Appendix C.

The Ministry of Municipal Affairs and the Ministry of the Attorney General are working to develop proposed recommendations to improve how the OMB works within the broader system of land use planning. A consultation paper will be released in the fall 2016 for further comment. In the meantime, the province would like to hear our views on a range of topics, including the jurisdiction and powers of the OMB. This could include what matters can be appealed and who may appeal them, the use of local appeal bodies and how much deference should be given to municipal decisions.

Burlington has an opportunity to help shape the upcoming OMB reform discussion and consultation paper. We can advance a principle-based approach to OMB reform that endorses the principle that municipal governments are a mature order of government able to make planning and other decisions for our communities.

By passing a resolution now for input to the province, we have an opportunity to ensure this principle undergirds the upcoming consultation.

This principle also aligns with the approach taken by the Association of Municipalities of Ontario (AMO). I recently spoke with Monica Turner, Director of Policy at AMO. She confirmed AMO will take a “principled approach” to advocacy on OMB reform that starts with the principle that municipalities are a mature order of government in decision-making.

As a mature order of government, there should be no right of appeal to the OMB of an Official Plan or Zoning Bylaw amendment decision by a local council, where those Official Plans and Zoning Bylaws have already been approved by the municipality, Regional government (where applicable), and the provincial government as conforming to growth plans and other applicable legislation. P a g e | 2

Municipalities retain the right to initiate their own amendments to Official Plans/Zoning Bylaws, and city councils retain the right to approve recommendations from staff and/or requests from the development community for amendments to the OP/Zoning Bylaw, where these changes are considered in the best long-term interest of the communities they serve. But there would be no right of appeal of a council decision to the OMB.

Removing the right of appeal to the OMB for Official Plans and Zoning Bylaw amendments achieves the following:

 endorses the principle that muncipalities are a mature order of government, and final decision-makers.

 encourages municipalities and members of the development industry to work together to achieve the best land use planning outcome for communities.

 eliminates duplication of work, saving time and money. OMB appeals, whether by municipalities, residents, or members of the development industry, are costly and time consuming, and ultimately built into the price of new homes or property taxes. Local planning staff and various local departments and agencies take months reviewing the merits of a planning application; the process begins all over again when an application is appealed to the OMB, but in a much more costly and time consuming forum. This process, in effect, makes the OMB the local planning departments of the province.

 frees up much needed resources and time in the OMB calendar to deal with the balance of hearings that come before the tribunal.

The exception to the right of appeal would be where municipalities did not follow due process or its own procedures in processing an application (for example failure to provide proper notice of a statutory public meeting). The appeal would deal with process issues, not the merits of the application.

To date, more than 100 municipalities have passed resolutions to reform the OMB, including Oakville and Halton Hills. The Oakville resolution, representative of others passed in the province, is included as Appendix D, link: Oakville. A common theme underlying the resolutions is the principle that municipalities are a mature order of government in decision-making.

A coalition of elected officials from Ontario municipalities recently sponsored a municipal summit on OMB Reform in May which I attended. The key principle arising from the summit is that municipalities are a mature order of government and best positioned to make local planning decisions, and as such our Official Plans and Zoning Bylaws – where approved by upper levels of government - should not be appealable to the OMB.

By passing the attached resolution, Burlington has an opportunity to add our voices to those calling for OMB reform; we have an opportunity to encourage the province to shape its consultation around the principle that municipalities are a mature order of government in land use planning and other decisions. P a g e | 3

To that end, I seek your endorsement of the attached resolution.

Sincerely,

Marianne Meed Ward City & Regional Councillor, Ward 2 P a g e | 4

Appendix A: Proposed Burlington resolution on Ontario Municipal Board Reform

WHEREAS, the Government of Ontario has announced a review of the Ontario Municipal Board and is seeking input from municipalities and members of the community; and

WHEREAS, the City of Burlington has an Official Plan and Zoning Bylaw that set out Council’s policies on how lands should be used, guides and directs future growth, and is developed in consultation with the community; and

WHEREAS, Burlington’s Official Plan and Zoning Bylaw have been approved by the Region of Halton and the Government of Ontario and conform to applicable regional and provincial legislation; and

WHEREAS, Council retains the legislative power to initiate, grant or deny Official Plan and Zoning Bylaw amendments after appropriate review; and

WHEREAS, currently all Burlington land use planning decisions may be appealed to the Ontario Municipal Board (OMB); and

WHEREAS, municipalities are a mature order of government able to make planning and other decisions for our communities;

THEREFORE, BE IT RESOLVED that the City of Burlington requests the Government of Ontario to recognize and respect the rights of municipalities to make decisions regarding adherence to municipally, regionally and provincially approved Official Plans and Zoning Bylaws, which reflect local community needs and visions, by implementing the following OMB reforms:

1. Exclude the Board from hearing appeals of applications for amendments to municipally, regionally and provincially-approved Official Plans and Zoning Bylaws.

2. Require the OMB to show deference to the decisions of local Councils.

3. Limit appeals to the Board to matters pertaining to following due process or procedure in processing an application.

BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Bill Mauro, Minister of Municipal Affairs and Housing; Mr. Patrick Brown, Leader of the Progressive Conservative Party; Ms. Andrea Horwath, Leader of the New Democratic Party; all MPPs in the Province of Ontario; the Regional Municipality of Halton and all Halton Region Municipalities; and

BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO).

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Appendix B: Announcement of OMB Reform, June 23, 2016

Bulletin

Province Launches Review of Ontario Municipal Board June 23, 2016 1:00 P.M.

Ministry of Municipal Affairs

Ontario is reviewing the scope and effectiveness of the Ontario Municipal Board (OMB), an important part of the province's land use planning system.

The province is accepting feedback on a number of topics, which are based on input received during extensive public and stakeholder consultations on the Smart Growth for Our Communities Act (Bill 73), the update to the Long-term Affordable Housing Strategy and the Co- ordinated Land Use Planning Review.

The government is developing a consultation paper that will be released in fall 2016 for further comment.

Improving the OMB's role in the land use planning system is part of the government's plan to build Ontario up and deliver on its number-one priority to grow the economy and create jobs. The four-part plan includes investing in talent and skills, including helping more people get and create the jobs of the future by expanding access to high-quality college and university education. The plan is making the largest investment in public infrastructure in Ontario's history and investing in a low-carbon economy driven by innovative, high-growth, export-oriented businesses. The plan is also helping working Ontarians achieve a more secure retirement.

Quick Facts  The Ontario Municipal Board is an adjudicative tribunal that makes decisions independent from the government.  Most matters that come before the OMB are under the Planning Act, including appeals on land use planning decisions such as official plans and zoning by-laws.  The Smart Growth for Our Communities Act, 2015 includes several reforms related to land use planning appeals to the Ontario Municipal Board.

Additional Resources  Ontario Municipal Board  Citizens' Guide to Land Use Planning: Ontario Municipal Board

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Appendix C: Background on OMB reform consultation

Ontario Municipal Board Review

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Ontario is undertaking a review of the scope and effectiveness of the Ontario Municipal Board (OMB), an important part of the province’s land use planning system.

The OMB is an independent tribunal that makes decisions at arm’s length from the government on appeals and applications under a number of statutes, with most of its current caseload coming from the Planning Act.

As set out under the Planning Act, the OMB is responsible for hearing appeals on decisions related to land use planning including official plans, zoning by-laws and plans of subdivision. The OMB’s authority also includes hearing disputes on matters such as planning application fees and parkland dedication.

During extensive public and stakeholder consultations on the Smart Growth for Our Communities Act (Bill 73), the update to the Long-term Affordable Housing Strategy and the Coordinated Land Use Planning Review, the province received input on improvements that could be made to the OMB, including its role in Ontario’s land use planning system.

Ontario has already acted upon some of these suggested improvements.

For example, several changes were incorporated into the Smart Growth for Our Communities Act:

 When municipalities prepare new official plans, the plans can no longer be appealed in their entirety, and  Once a new official plan is in place, that plan would not be subject to any new appeals of private applications for two years unless the municipality allows the applications to be made.

Recent changes in the Smart Growth for Our Communities Act will also give citizens a more meaningful voice in the land use planning process, build a more accountable and transparent decision making process, and focus on alternative dispute resolution to reduce the number of OMB hearings.

Ontario also proposed several additional changes to improve the land use planning and appeal system in our province through proposed amendments to provincial land use plans. The Growth Plan for the Greater Golden Horseshoe would help to provide clearer direction for decision makers for assessing land needs to limit potential appeals. P a g e | 7

Under the proposed Promoting Affordable Housing Act, 2016, appeals of inclusionary zoning official plan policies and zoning by-laws to the OMB would not be permitted, except by the province.

Review Details

In the meantime, the province would like to hear your views on the following topics:

 Jurisdiction and powers: this could include what matters can be appealed and who may appeal them, the use of local appeal bodies and how much deference should be given to municipal decisions.  Meaningful citizen participation and local perspective: this could include who has access to hearings, how to ensure the ability of the public to participate, how to ensure that the process is affordable, unrepresented parties and the role of the citizen liaison office.  Clear/predictable decision making: this could include how to ensure fairness, adjudicator education and training and standardized decision format(s)  Hearing procedures and practices: this could include the formality of hearings, how expert evidence is heard and what evidence should be allowed at hearings.  Alternative dispute resolution: this could include the use of mediation or other alternatives to traditional hearings or adversarial procedures as part of the appeal system.  Timely processes and decision making: this could include the timelines for scheduling hearings and the issuing of decisions.

If you would like to comment or share your insights on the topics above, please email us at: [email protected].

Comments and suggestions received during all stages of the review, as well as comments already received will be used to help inform the government of what changes may be needed.

There will be further opportunity for input when the consultation paper is released in the fall.

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Appendix D: Oakville Resolution on OMB reform, May 6, 2016

WHEREAS, the Town of Oakville has an Official Plan, known as the Livable Oakville Plan, that sets out Council’s policies on how lands should be used, guides and directs future growth and accurately reflects the expectations of Oakville’s residents; and

WHEREAS, the Livable Oakville Plan has been approved by the Government of Ontario and conforms to all provincial legislation; and

WHEREAS, the Town of Oakville has invested significant resources in professional planning and legal staff, as well as other associated costs, in establishing and implementing local planning policies; and

WHEREAS, Council has the legislative power to grant or deny requests for Livable Oakville Plan amendments and Zoning By-law changes after appropriate review; and

WHEREAS, currently all Oakville land use planning decisions may be appealed to the Ontario Municipal Board (OMB), an unelected, appointed body that is not accountable to the Town of Oakville or its residents; and

WHEREAS, there is growing concern from municipalities and citizens that decisions of the OMB are undermining and eroding local planning authorities;

THEREFORE, BE IT RESOLVED that the Town of Oakville requests the Government of Ontario to recognize and respect the rights of municipalities to make decisions regarding adherence to municipally approved Official Plans, which reflect local community needs and visions, by implementing the following Ontario OMB reforms:

1. Exclude the Board from hearing appeals of applications for amendments to provincially-approved Official Plans.

2. Require the OMB to show deference to the decisions of local Councils subject only to the test of reasonableness.

3. Require the Board, as an appellate body, to implement the concept of precedent in its decisions.

BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Honourable Kathleen Wynne, Premier of Ontario; the Honourable Ted McMeekin, Minister of Municipal Affairs and Housing; Mr. Patrick Brown, Leader of the Progressive Conservative Party; Ms. Andrea Horwath, Leader of the New Democratic Party; all MPPs in the Province of Ontario; the Regional Municipality of Halton and all Halton Region Municipalities; and

BE IT FURTHER RESOLVED that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO).