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Public Meeting Report
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Report To: Joint Committees
Date of Meeting: February 27, 2023 Report Number: PDS-008-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary -Anne Dempster, CAO By-law #: 2023-014
File Number: COPA2023-0004 and PLN 7.23 Resolution#: JC-012-23
Report Subject: Public Meeting and Recommendation Report — Municipal -initiated Official
Plan Amendment (OPA 132) and Delegation of Powers By-law
Amendment
Purpose of Report:
The purpose of this report is to provide information to the public and Council. It does not
constitute, imply or request any degree of approval.
Recommendations:
1. That Report PDS-008-23 and any related communication items, be received;
2. That the municipally -initiated Official Plan Amendment 132 (OPA 132) in response to
Bill 13, Supporting People and Business Act, 2021, be adopted;
3. That the Director of Planning and Infrastructure Services be authorized to finalize the
form and content of OPA 132, resulting from Council's consideration, public
participation, agency comments and technical considerations;
4. That Council pass a by-law to delegate to the Director of Planning and Infrastructure
Services the following additional Functions:
• Removal of Holding "H" Symbols;
• Temporary Use Zoning By-law Amendments; and
• Housekeeping By-laws for the purposes of making clerical or other changes
to assist in the interpretation of a Zoning By-law.
5. That all interested parties listed in Report PDS-008-23 and any delegations be
advised of Council's decision.
Municipality of Clarington Page 2
Report PDS-008-23
Report Overview
Bill 13, the Supporting People and Businesses Act, 2021, received royal assent December 2,
2021. The Bill made changes to the Planning Act, Municipal Act, 2001 and City of Toronto
Act, 2006, that enables Council to, by a by-law, delegate the authority to pass by-laws under
section 34 of the Planning Act (Zoning By-laws) that are of a minor nature to a committee of
Council, or an individual who is an officer, employee or agent of the municipality. This
authority is currently held exclusively by Council.
In response, the Municipality has initiated an Official Plan Amendment (OPA) to enact these
changes. The amendment will simplify process for citizens and shorten approval process
times in an effort to facilitate additional housing and economic development opportunities
within the Municipality. Council previously authorized Staff to proceed with the OPA on
December 12, 2022 through report PDS-051-22 (resolution PD-105-22). This OPA is part of
the toolbox for the Housing Pledge to implement 13,000 units by 2031 as required by the
province.
1. Background
What is Bill 13?
1.1 Bill 13, the Supporting People and Businesses Act, 2021, received royal assent
December 2, 2021.
1.2 Schedule 19 of the Bill made changes to the Planning Act, Municipal Act, 2001 and City
of Toronto Act, 2006, that enables Council to, by a by-law, delegate the authority to
pass by-laws under section 34 of the Planning Act (Zoning By-laws) that are of a minor
nature to a committee of Council, or an individual who is an officer, employee or agent
of the municipality. This authority is currently held exclusively by Council.
1.3 The delegation of authority to pass by-laws under section 34 of the Planning Act
includes:
Removal of Holding "H" Symbols;
Temporary Use Zoning By-law Amendments; and
Housekeeping By-laws for the purposes of making clerical or other changes to assist
in the interpretation of a Zoning By-law.
1.4 In order to delegate the authority to pass by-laws on these matters, the Planning Act
requires that the Official Plan provide policies to specify the types of by-laws that may
be delegated. The Planning Act also provides that the delegation may be subject to
conditions set out by Council, and that Council may withdraw this authority at any time
Municipality of Clarington
Report PDS-008-23
Page 3
through a by-law, including in anticipation of a by-law for which a final decision has not
yet been made.
1.5 The delegation of these additional planning matters does not:
Alter any notice or public meeting requirements;
Limit appeal rights; or,
Change the requirement for planning decisions to be consistent with the Provincial
Policy Statement and to conform or not conflict with provincial plans.
1.6 The changes to the Planning Act were made to assist municipalities streamline their
planning processes for more routine and technical applications, and shift some of the
administrative burden of making decisions under the Planning Act from elected officials
to municipal staff or committees. Changes were also made to assist applicants avoid
delays in approvals due to Council meeting and reporting cycles.
Clarington Official Plan
1.7 To enable the ability to delegate the authority for passing by-laws under section 34 of
the Planning Act, the implementation policies of the Clarington Official Plans were
required to be updated. Notwithstanding an update to the Clarington Official Plan,
updates to the delegation of powers by-law 2001-072, a by-law to delegate certain
powers and duties under the Municipal Act, 2001, S.O. 2001 c.25, the Planning Act,
R.S.O. 1990 c. P. 13, and other Acts, is also required to put into effect the enabling
policies in Clarington Official Plan.
Delegation of Powers By-law
1.8 The Municipal Act, 2001 provides municipalities with flexibility in governing their affairs,
including authority to delegate powers and duties to individuals or bodies. Matters which
are eligible for delegation include administrative and other matters which are routine or
operational in nature, but do not include more significant powers.
1.9 Efficiencies in both service delivery and the cost of providing services are possible
through the delegation of additional powers and duties, in whole or in part. In
considering the appropriateness of any delegation of powers, it is necessary to maintain
comparable levels of accountability, consultation, transparency, and adherence to
municipal policy direction.
1.10 The Delegation of Municipal Powers and Duties Policy and By-law 2001-072, was
approved by Council on April 30, 2001. This approval was in advance of Bill 13,
Supporting People and Businesses Act, 2021, which received Royal Assent on
December 2, 2021. Given this, further minor amendments to By-law 2001-072, are
required to put into effect the proposed enabling Official Plan policies.
Municipality of Clarington
Report PDS-008-23
2. Current Delegated Functions
Page 4
2.1 Over the years, Council has delegated certain functions to the Director of Planning and
Infrastructure Services.
Site Plan Approval
2.2 The Director of Planning and Infrastructure Services has been delegated the power to
approve site plan drawings and impose conditions of site plan approval. The Site Plan
Control By-law also authorizes the Mayor and Clerk to execute any agreements that
may be required to implement the approval.
Plans of Subdivision and Plans of Condominium
2.3 By-law 2001-072 delegates all of Council's powers under Section 51 of the Planning Act
to the Director of Planning and Infrastructure Services. This includes the powers to
approve draft plans of subdivision, amend conditions of approval of plans of subdivision,
and approve final plans of subdivision for registration. This similarly applied to plans of
condominium.
Consent Agreements
2.4 By-law 92-43 authorizes the Mayor and Clerk to execute agreements required as a
condition of a consent to sever land under Section 53 of the Planning Act. Staff issue
comments with respect the Municipality' s position on applications to the Durham
Region Land Division Committee.
Complete Applications
2.5 Council delegated to the Director of Planning and Infrastructure Services the authority to
deem applications made under the Planning Act as " complete" with the enactment of
By-law 2007-131. This was the result of the more recent changes to the Planning Act to
ensure that when applications are made, there is all of the required information available
at that time for the Municipality to be able to undertake its review within the prescribed
timeframes.
Community Improvement Plan (CIP) Grants
2.6 The Community Improvement Plans (CIP) for Orono, Newcastle and Bowmanville
include grant programs. The approved CIPs delegate to the Director of Planning and
Infrastructure Services or designate the final decision regarding eligibility for funding,
approval of funding or withdrawal of funding in the event of certain circumstances. The
Director has authority to execute agreements for the grants within parameters set in the
CIP Project Plan and the current year's capital budget approved by Council.
Municipality of Clarington
Report PDS-008-23
Minor Heritage Permits
Page 5
2.7 The Beech Avenue Heritage Conservation District Plan identifies activities that require a
heritage permit, in addition to any other municipal approvals (e. g. building permit). By-
law 2006-102 delegates that approval of Minor Heritage Permits to the Director of
Planning and Infrastructure Services for approval.
Exemption from Part Lot Control
2.8 Exempting land from part lot control generally occurs where a plan of subdivision has
been draft approved and registered with blocks for freehold multiple dwellings or semi-
detached dwellings. Approval of a by- law to exempt lands from part lot control is
required by the developer prior to the closing of a house sale. The Director of Planning
and Infrastructure Services has delegated authority to approve a part lot control
application. The by-law itself is still enacted by Council.
Condominiums that do not Require a Public Meeting
2.9 The Director of Planning and Infrastructure Services has delegated authority to approve
plans of condominium that do not require a public meeting, subject to reporting to
Council periodically.
Execution of Agreements
2.10 The Director of Planning and Infrastructure Services and the Clerk have delegated
authority to execute agreements imposed or required in satisfaction of any condition of
approval under the Planning Act in connection with the development of land including
plans of subdivision, plans of condominium, land division, exemption from part lot
control, site plans and rezoning as approved by the Municipal Solicitor.
2.11 The Director of Planning and Infrastructure Services also has delegated authority to
grant release from an agreement that has been executed in connection with the
development of land where the application is no longer proceeding. The release
requires approval by the Municipal Solicitor.
Closing of Inactive or Dormant Development Applications
2.12 The Director of Planning and Infrastructure Services has delegated authority to refuse a
planning application where the file has remained inactive for more than one (1) year and
only after the applicant has been given written notice that the application will be refused
and given 60 days to respond. In a circumstance where the applicant does not agree
with the decision to refuse the application and close the file, staff may still report to
Council to consider closing a file which is dormant.
Municipality of Clarington
Report PDS-008-23
Sign By-law Amendments
Page 6
2.13 The Director of Planning and Infrastructure has delegated authority to permit Sign By-
law Variances to By-law 2009-123 without seeking amendments to the By-law.
3. Proposed Additional Delegated Functions
3.1 In response to the changes to the Planning Act and Municipal Act, it is proposed that the
Director of Planning and Infrastructure Services be delegated additional authorities that
include:
• Removal of Holding "H" Symbols;
• Temporary Use Zoning By-law Amendments; and
• Housekeeping By-laws for the purposes of making clerical or other changes to assist
in the interpretation of a Zoning By-law.
Staff Analysis
3.2 The delegation of authority to pass by-laws for these additional planning matters does
not change any notice or public meeting requirements or limit appeal rights under the
Planning Act. It also does not change the requirements under the Planning Act for land
use planning decisions to be consistent with the Provincial Policy Statement and to
conform or not conflict with provincial plans, and conform to the Regional Official Plan,
and the Clarington Official Plan. These documents provide policy direction on matters of
provincial interest related to land use planning to promote strong, healthy communities,
a strong economy and protect the environment.
3.3 The authority to have implementation policies in local Official Plans is provide by
existing legislation in the Planning Act. Implementation policies put in place the
processes and tools under which the appropriate assessment of development
applications can take place, in order to realize the vision expressed in the Clarington
Official Plans.
3.4 The proposed Official Plan Amendment, and amendments to the town's delegation of
power by-law 2001-072, are legislative in nature, and provide for a more efficient
process when dealing with planning matters that are minor and technical in nature.
Benefits of Additional Delegated Functions
3.5 The changes to the Planning Act were made to assist municipalities streamline their
planning processes for more routine and technical applications, and shift some of the
administrative burden of making decisions under the Planning Act from elected officials
to municipal staff or committees. Changes were also made to assist applicants avoid
delays in approvals due to Council meeting and reporting cycles.
Municipality of Clarington Page 7
Report PDS-008-23
3.6 The process changes may also see the following benefits
• accelerated approvals;
• a more responsive and flexible approvals process;
• less administration required by town staff, including report writing and council
agenda management;
• less administration by Council with fewer technical and clerical matters, allowing
Council to focus on broader priorities and policy -making;
• potential cost and time savings for applicants; and
• bring development to fruition sooner, including housing.
3.7 Planning staff have developed the necessary Official Plan Amendment and amendment
to the delegation by-law to enable the delegation of authority and realize the benefits
noted above (Attachments 1 and 2).
3.8 The delegation of authority of these additional planning matters does not:
alter any notice or public meeting requirements;
limit appeal rights; or,
change the requirement for planning decisions to be consistent with the Provincial
Policy Statement and to conform or not conflict with provincial plans.
4. Public Notice and Submissions
4.1 Notice of the Statutory Public Meeting for the Official Plan Amendment as well as the
update to the Delegation of Authority By-law were sent on February 7, 2023.
4.2 All public notices, communications and review periods have been designed to ensure
conformity with the requirements of the Planning Act.
4.3 No public or agency comments were received at the time of writing this report. Should
comments be received, they will be considered at the statutory public meeting.
5. Financial Considerations
5.1 While there are no direct financial impacts resulting from this report, the process
changes considered in the proposed Official Plan Amendment and amendment to the
delegation of powers by-law have the potential to result in cost savings through reduced
administration and time savings, by both the public and private sector.
Municipality of Clarington Page 8
Report PDS-008-23
6. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer and the Deputy
CAO/Solicitor who concur with the recommendations.
7. Conclusion
7.1 Council previously authorized Staff to proceed with the OPA on December 12, 2022
through report PDS-051-22 (resolution PD-105-22). This OPA is part of the toolbox for
the Housing Pledge to implement 13,000 units by 2031 as required by the province.
7.2 It is respectfully recommended that the recommended Official Plan Amendments and
amendments to the delegation of powers by-law, be approved as they appropriately
enable tools provided by the Planning Act and reflect the delegation of authority for
amendments that are minor in nature, including technical, clerical and administrative
matters.
Staff Contact: Amanda Tapp, Manager of Development Review, 905-623-3379 extension
2427or atapp(a_clarington.net.
Attachments:
Attachment 1 — Draft Official Plan Amendment
Attachment 2 — By -Law Amendment to existing by-law 2001-072
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report PDS-008-23
Amendment Number 132
To The Municipality of Clarington Official Plan
Purpose: The purpose of this amendment is to add policies to the Clarington
Official Plan to enact changes that have been made to the Planning
Act resulting from Bill 13, Supporting People and Business Act,
2021.
Location: The Official Plan Amendment affects all lands within the
Municipality of Clarington.
Basis: On October 7, 2021, Bill 13, Supporting People and Businesses
Act, 2021, was introduced to make changes to a variety of statutes,
including the Planning Act. The Planning Act has been updated to
provide a new discretionary authority (new Section 39.2) that the
council of a local municipality may delegate decision -making
authority under Section 34 (Zoning By-law) of the Planning Act for
the approval of zoning by-law amendments that are of a minor
nature to a municipal committee, officer, employee or agent.
This amendment enables Council to delegate the authority to pass
by-laws under section 34 of the Planning Act to remove holding "H"
symbols (holding by-laws), authorize the temporary use of land,
buildings or structures (temporary use by-laws), and to pass
housekeeping by-laws for the purpose of making clerical or other
changes to assist in the interpretation of the zoning by-law, to the
Director of Planning and Infrastructure Services.
Actual
Amendment: The Clarington Official Plan is hereby amended as follows:
The amendment includes the addition of text to the Clarington
Official Plan as described below.
Existing Section 23 Implementation is amended by adding a new subsection as
follows:
"23.20 Delegated Authority
23.20.1 Council may, by by-law, delegate the authority to pass by-laws under section 34
of the Planning Act, that are of a minor nature, to a committee of Council or an
individual who is an officer or employee of the municipality.
23.20.2Delegation of authority to pass by-laws under section 34 of the Planning Act
shall be limited to:
a) a by-law to remove a holding "H" symbol;
Attachment 1 to Report PDS-008-23
b) a by-law to authorize the temporary use of land, buildings, or
structures; and,
c) a housekeeping by-law for the purpose of making clerical or other
changes to assist in the interpretation of the zoning by-law.
23.20.3The delegation of authority authorized under section 23.20.20 may be subject to
conditions of Council.
23.20.4Delegation of authority may be withdrawn, by by-law, in respect of any by-law for
which a final disposition was not made before the withdrawal."
Attachment 2 to Report PDS-008-23
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2023-XXX
Being a by-law to delegate authority to the Director of Planning and Infrastructure
Services.
Whereas Sections 23.1 to 23.5 of the Municipal Act, 2001, authorize municipalities to
delegate powers and duties under the Municipal Act, 2001, or any other Act subject to
certain restrictions and reporting requirements;
Whereas the Planning Act allows certain functions to be delegated to a municipal
Official;
Whereas Official Plan Amendment Number 132 have been approved in order to
delegate such authority;
Whereas, arising out of PDS-008-23, Council deems it necessary to make changes to
the delegation by-law;
Now therefore the Council of the Municipality of Clarington amend By-law 2001-072 to
include:
Approval of by-laws of a minor nature under s. 34 of the Planning Act with
respect to:
a) A by-law to remove a holding symbol;
b) a by-law to authorize the temporary use of land, buildings or structures in
accordance with s. 39(1) of the Planning Act; and
c) a housekeeping by-law for the purpose of making clerical or other
changes to assist in the interpretation of a zoning by-law
General
For the purpose of subsection 23.2( 4) of the Municipal Act, 2001, it is the opinion of
Council that any legislative powers delegated pursuant to this By-law are of a minor
nature.
In the event of any inconsistency between this By- law and any other Municipal By- law,
the provision that more effectively delegates authority prevails to the extent of the
inconsistency.
Attachment 2 to Report PDS-008-23
This By- law is effective on the date of its passing.
Passed in Open Council this day of 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk