HomeMy WebLinkAbout2024-11-08
Electronic Council Communications Information
Package
Date:November 8, 2024
Time:12:00 PM
Location:ECCIP is an information package and not a meeting.
Description: An ECCIP is an electronic package containing correspondence received by Staff for
Council's information. This is not a meeting of Council or Committee.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk
at clerks@clarington.net, if you would like to include one of these items on the next regular agenda
of the appropriate Standing Committee, along with the proposed resolution for disposition of the
matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon
the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the
next regularly scheduled meeting of the applicable Committee.
Members of the Public: can speak to an ECCIP item as a delegation. If you would like to be a
delegation at a meeting, please visit the Clarington website.
Pages
1.Region of Durham Correspondence
1.1 Bill 23 Proclamation Update: Upper-Tier Planning Responsibilities -
November 5, 2024
3
2.Durham Municipalities Correspondence
3.Other Municipalities Correspondence
3.1 Township of Puslinch - Protection of Agricultural Lands and Sustainable
Development in Relation to Provincial Projects and Excess Soil
Management Practices - November 7, 2024
10
4.Provincial / Federal Government and their Agency Correspondence
5.Miscellaneous Correspondence
November 7, 2024
Electronic Council Communications Information Package (ECCIP)
Page 2
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
The Regional Municipality of Durham
Report
To: Planning and Economic Development Committee
From: Commissioner of Planning and Economic Development
Report:#2024-P-16
Date: November 5, 2024
Subject:
Bill 23 Proclamation Update: Upper-Tier Planning Responsibilities
Recommendation:
That the Planning and Economic Development Committee recommends:
That this report be received for information.
Report:
1. Purpose
1.1 At the October 1, 2024, Planning and Economic Development Committee meeting,
questions were asked of staff about the anticipated timing and impact of Bill 23’s
proclamation relative to the future of Durham Region’s upper tier land use planning
function. Staff stated it is not known at present when proclamation for Durham will
occur; a date has not been announced by the province. This report provides
additional information on the status of Bill 23 proclamation to what was provided at
the Committee meeting.
2. Background
2.1 Over two years ago, on October 25, 2022, the province tabled Bill 23 which
introduced fundamental changes to the land use planning system in Ontario through
legislative amendments to the Planning Act, the Conservation Authorities Act, the
Development Charges Act and other pieces of legislation. The Bill introduced the
“More Homes, Built Faster: Ontario’s Housing Supply Action Plan 2022-2023”,
Page 3
Report #2024-P-16 Page 2 of 7
which was intended to advance the government’s goal of getting 1.5 million new
homes built in Ontario by 2031.
2.2 The majority of Bill 23 received Royal Assent on November 28, 2022. However, the
parts of Bill 23 that proposed to make changes to the upper tier planning
responsibilities do not come into effect until a specified future date, generally known
as the “proclamation date”, or “date of proclamation”. Another bill, Bill 185 was
subsequently released in early 2024 and included a proclamation date of July 1,
2024 for the Regions of Halton, Peel and York. A proclamation date for the
remaining three regions, namely Durham, Niagara and Waterloo, has not yet been
announced by the province.
2.3 The absence of a proclamation date for the past two years has been disruptive to
the operation of the Region’s Planning Division. A number of planners have left the
Region and it has been a challenge to recruit new staff due to the uncertain planning
environment. Given the current shortage of qualified land use planners within the
Region’s Planning Division, an outside firm has recently been engaged to provide
professional support to the Department on an as-need basis to ensure the needs of
our area municipal partners and private sector clients will continue to be met.
3. Current Planning Responsibilities
3.1 Bill 23 proposes to remove the existing planning approval responsibilities from all
the upper-tier regions. However, it may be noted that Durham delegated its statutory
approval authority for subdivisions, condominiums, and part-lot control exemption
by-laws to Pickering, Ajax, Whitby, Oshawa and Clarington almost 25 years ago. At
present, the Region is the approval authority for subdivisions, condominiums and
part-lot control exemption by-law for the Townships of Brock, Scugog and Uxbridge.
Following proclamation of Bill 23, the Townships of Brock, Scugog and Uxbridge
would have to assume this approval authority.
3.2 As of the end of 2023, the Region delegated its approval responsibilities for Land
Division/Consents to enable further streamlining. There are no other approval
responsibilities to be delegated to the five lakeshore municipalities. The main impact
of proclamation in terms of additional work will be to the three northern townships.
3.3 The Region undertakes plan review responsibilities on behalf of the province for
matters such as noise impacts, site contamination, archaeology, for all eight area
municipalities. These provincial plan review responsibilities were assigned to the
Region through a Memorandum of Understanding with the province in 1996. It
remains unclear if the Region will be requested by the province to continue these
review responsibilities.
Page 4
Report #2024-P-16 Page 3 of 7
4. Following Proclamation
4.1 Upon proclamation, the following will occur:
a. The Regional Official Plan would become the official plan for the lower-tier
municipalities who could repeal or amend it. The new Regional Official Plan
(“Envision Durham”) was approved by the province on September 3, 2024.
The Final Decision is not subject to appeal. Area municipalities are currently
working on updating their official plans to conform to Envision Durham, while
considering how the new Provincial Planning Statement (2024) that came into
effect on October 20, 2024, can be implemented;
b. Area municipalities will assume approval authority for all Planning Act
decisions, except official plans and official plan amendments (including
secondary plans), which will need to be approved by the Ministry of Municipal
Affairs and Housing; and
c. All eight area municipalities will have approval authority over subdivisions.
condominiums, land division, and part lot control exemption by-laws.
Commenting responsibilities on all land use planning applications and related
matters will continue to be performed by the Region to protect Regional
interests related to infrastructure, services and Regionally-owned land.
4.2 A draft Planning Services Agreement was prepared last year that could allow an
area municipality to request development related planning advice, assistance,
services or expertise from the Region. Regional planning staff could then be
contracted to provide support similar to the way other Regional supports are
provided in areas of human resources, IT and legal. It is expected that the northern
townships may require Regional planning support, more so than the southern
municipalities, depending on the future volumes of planning and development
activity.
5. The term “Upper tier municipality without planning responsibilities” does not
mean the elimination of the upper tier planning function
5.1 Bill 23 introduced a new definition into the Planning Act called “Upper tier
municipalities without planning responsibilities”. This new term is unfortunate
because it has created confusion among some of our stakeholders regarding the
future of the upper tier planning function. While Bill 23 has proposed to remove
certain planning approval responsibilities from the upper tiers, there are still a host
of important regional planning functions that need to continue post-proclamation.
The Region’s role in infrastructure and service planning is to ensure that growth-
related infrastructure is planned, prioritized, funded and in place to support new
Page 5
Report #2024-P-16 Page 4 of 7
development. Decisions to invest in infrastructure and services are based on the
coordination of planning permissions, an integrated approach to long range
infrastructure planning, and capital financing so that required water, sewer, roads
and other infrastructure and services will be available to enable new housing
construction.
5.2 The new Regional Official Plan provides the policies and designations to guide the
near doubling of Regional growth to a population of 1.3 million residents and
460,000 jobs by 2051. Accelerated levels of growth will occur through intensification
and infill, transit-oriented development, on vacant urban area lands, redevelopment
and within new communities within the Region’s eight area municipalities. Also
through Bill 23, the Region’s five lakeshore municipalities were identified as “Large
and Fast Growing Municipalities” and have adopted housing pledges that support
accelerated growth in keeping with provincial housing objectives.
5.3 The new ROP will remain a guiding document for Regional Council to make
infrastructure and service decisions, despite proclamation, as directed by Regional
Council upon adoption of the new ROP in the spring of 2023.
5.4 Listed below is an overview of activities currently being undertaken by the Regional
Planning Division that could be expected to continue following proclamation:
Broader Regional Initiatives
a. Coordination and provision of subject matter expertise for Regional Advisory
Committees, including Durham Environment and Climate Change Advisory
Committee, Durham Active Transportation Committee and the Durham
Agricultural Advisory Committee.
b. Planning-related expertise for portfolios such as sustainability, energy,
Community Safety and Well-Being, Indigenous Engagement and other
projects.
c. Involvement with each of the region’s conservation authorities MOUs, annual
budgets and workplans.
d. Support of the work of the Economic Development and Tourism Division
through data collection, policy development, reporting, mapping and measures
that continue to preserve and support the agricultural land base.
e. Responding to internal processes, including comments on the sale of surplus
lands from the Region or municipalities, processing of MFIPPA requests, and
requests under the Retail Holiday Business Act for changes to hours of
operation.
Page 6
Report #2024-P-16 Page 5 of 7
f. Providing evidence/materials for OLT Hearings or other Tribunals for planning
related hearings, presentations at Committees and Council for development
related planning matters that involve a Regional interest.
Development Advisory Services
g. Coordination of street naming, in consultation with Durham Regional Police
Services in order to avoid the use of similar sounding street names to reduce
confusion for emergency services.
h. Updating and administering of the Region’s Woodland By-law enforcement
consultant, including reviewing and approval of Good Forestry Practices and
Clear-Cutting Permit requests under the Regional Woodland By-law.
i. One window review/commenting on development applications, area municipal
plans and studies, area municipal official plans, official plan amendments and
secondary plans, proposals from external agencies and initiatives from other
levels of government that affect the Region’s interest in land, development,
services or infrastructure.
j. Commenting on various plans/initiatives/studies or applications for
neighbouring municipalities, land use compatibility with Regional
facilities/infrastructure, third party infrastructure proposals, provincial
Environmental Certificate of Approval applications, and aggregates licensing.
Growth Management/Data Analytics
k. Ongoing monitoring, analysis, forecasting and reporting on region-wide
development, land use, transportation and demographic trends to inform
decisions on infrastructure needs to expand growth management and data
analytic capabilities.
l. Planning related GIS capabilities and geographic data to enable reporting on
development and land related geographic information to enable informed
decision making by internal departments, area municipalities, businesses,
stakeholders and the public in a variety of land use related fields.
m. Support, develop and advance reporting on planning related data, including
key performance indicators within the Strategic Plan, and public facing
interactive GIS mapping tools, dashboards, viewers and data aggregation.
n. Conducting and ensuring accuracy of the Region’s Annual Business Count.
o. Producing mapping, graphics, and data products used by the Department,
other Regional Departments, external stakeholders, agencies, area
municipalities and the public.
Page 7
Report #2024-P-16 Page 6 of 7
Transportation Planning
p. Work to support long-term transportation planning to ready the Region for
forecasted levels of growth through transportation modelling, impact analysis
and through an update to the Transportation Master Plan. Key transportation
initiatives are currently underway in support of the GO East extension, active
and sustainable mobility initiatives, high frequency rail, freight and goods
movement and transit-oriented development initiatives.
q. Elevating the importance of active transportation, promote reducing car
dependency and advance active and sustainable modes of travel advancing
initiatives under Smart Mobility Durham (Smart Commute Durham, Cycle
Durham, Active and Sustainable School Travel Plans, and Carpool Lots/Small
Urban and Rural Carpool Lots).
Housing Planning Policy and Implementation
r. Assistance for Social Services Affordable Housing Development and Renewal
to expedite new development on Regionally owned sites and the provision of
planning expertise, as required.
s. Support Regional redevelopment/regeneration initiatives for new affordable
and supportive housing.
6. Next Steps
6.1 Regional staff will continue to monitor how Halton, Peel and York are dealing with
their transition processes so we can have the benefit of lessons learned should a
proclamation date be announced for Durham Region.
6.2 Through the development of a Memorandum of Understanding with the province,
and our area municipalities, the division of responsibilities will continue to be further
refined.
7. Previous Reports and Decisions
7.1 The implications of Bill 23 on the Region of Durham was first presented through
Report #2022-COW-33 in December of 2022.
7.2 The delegation of Durham Region’s Land Division responsibilities and an update on
Bill 23 was provided through Report #2023-P-22 in September of 2023.
Page 8
Report #2024-P-16 Page 7 of 7
8. Relationship to Strategic Plan
8.1 This report aligns with the Strategic Goal of Service Excellence in the Durham
Region Strategic Plan and the following priorities:
a. 5.1: Optimizing resources and partnerships to deliver exceptional quality
services and value: by ensuring capacity and training are provided and
available for consent applications; and
b. 5.2 Collaborating for a seamless service experience: by ensuring that training,
materials, time and communication are provided so that existing and future
land division applicants are aware of process changes.
9. Conclusion
9.1 Staff will report on any Bill 23 related matters and any progress related to the
creation of Memoranda of Understanding with the province or our area
municipalities as information becomes available or progress is made.
9.2 A copy of this report will be shared with Durham’s area municipalities and
conservation authorities.
Respectfully submitted,
Original signed by
Brian Bridgeman, MCIP, RPP, PLE
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
Page 9
Township of Puslinch
7404 Wellington Road 34
Puslinch, ON N0B 2J0
www.puslinch.ca
November 7, 2024
RE: Motion for the Protection of Agricultural Lands and Sustainable Development in Relation to
Provincial Projects and Excess Soil Management Practices
Please be advised that Township of Puslinch Council, at its meeting held on October 23, 2024
considered the aforementioned topic and subsequent to discussion, the following was resolved:
Resolution No. 2024-378: Moved by Councillor Hurst and
Seconded by Councillor Sepulis
Whereas the provincial government is undertaking:
a) significant road and underground projects over the next ten years which will generate
significant excess soil to be managed and disposed; and
b) studies of underground projects that if implemented will also generate significant excess
soil: and
Hon. Paul Calandra
Minister of Environment,
Conversation and Parks
VIA EMAIL:
Paul.Calandra@pc.ola.org
Hon. Doug Ford
Premier of Ontario
VIA EMAIL:
premier@ontario.ca
Hon. Rob Flack
Minister of Agriculture,
Food, and Agribusiness
VIA EMAIL:
minister.omafra@ontario.ca
Hon. Matthew Rae, MPP
VIA EMAIL:
Matthew.Rae@pc.ola.org
Hon. Ted Arnott, MPP
VIA EMAIL:
ted.arnottco@pc.ola.org
Barclay Nap
Wellington Federation of
Agriculture
VIA EMAIL:
napbarclay@gmail.com
Page 10
Whereas landfill sites across Ontario are already near capacity, necessitating amendments to
legislation to allow certain quality soil to be disposed at excess soil reuse sites instead of being
disposed of in landfills effective January 1, 2025; and
Whereas the Ministry of the Environment, Conservation and Parks (MECP) is currently under
resourced and lacks the capacity to effectively manage the additional enforcement and
oversight required for the relocation of excess soil; and
Whereas the responsibility to enforce and oversee excess soil regulations is being downloaded
onto municipalities, which have limited enforcement capabilities and face the risk of significant
costs being passed on to local taxpayers; and
Whereas contamination of existing soil and groundwater is a significant concern, particularly in
rural municipalities with valuable agricultural lands and reliance on groundwater for its
residents; and
Whereas agricultural lands must be prioritized equally with housing needs, roads and
underground infrastructure; failure to adequately protect these lands could exacerbate the
ongoing food crisis in Ontario; and
Whereas Ontario is not alone in navigating the challenges of sustainable development, and the
United Nations provides guidance through its Sustainable Development Report, which includes
goals focused on economic growth, infrastructure, sustainable communities, hunger, clean
water and sanitation, climate action, and life on land; and
Whereas it is critical that governments consider the comprehensive impacts on all of these
areas when conducting feasibility studies and implementing projects which generate excess
soil; and
Whereas neglecting to account for the broader implications of projects may lead to negative
outcomes;
Therefore Be It Resolved that the Council of the Township of Puslinch calls on the provincial
government to:
Page 11
1. Prioritize the protection of agricultural lands in the management of excess soil from
roads and underground projects and in the planning and feasibility studies related to
such projects.
2. Ensure that adequate resources are allocated to the MECP to support effective
enforcement and oversight of excess soil regulations.
3. Collaborate with municipalities to provide necessary support and funding for
enforcement activities related to excess soil management, minimizing financial burdens
on local taxpayers.
4. Conduct a comprehensive impact assessment that considers all aspects of sustainable
development, in alignment with the United Nations Sustainable Development Report,
before proceeding with the traffic tunnel project and any further amendments to excess
soil legislation; and
That the Township of Puslinch Council direct staff to send a copy of this resolution to the
Minister of the Environment, Conservation and Parks; the Premier of Ontario; all Ontario
municipalities; MPP Arnott; MPP Rae; the Wellington Federation of Agriculture; and OMAFRA
requesting support for the protection of agricultural lands and sustainable development
practices in Ontario.
CARRIED
As per the above resolution, please accept a copy of this correspondence for your information
and consideration.
Sincerely,
Justine Brotherston
Municipal Clerk
CC: All Ontario Municipalities
Page 12