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Home My WebLink AboutPD-32-96DN: TRANSFERJG E CORPORATION OF THEE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ° Date: Monday, March 4, 1996 Res. # Report #: PD -32 -96 File #: PLN 33.7 By -law # Subject: TRANSFER OF PROVINCIAL REVIEW FUNCTIONS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -32 -96 be received for information. 1. BACKGROUND 1.1 The Provincial Facilitators Office (PFO) has been meeting regularly with Planning representatives from the Regions of Durham, Waterloo, Hamilton- Wentworth, Halton and Ottawa - Carlton to discuss and negotiate the transfer of the planning review functions of several provincial ministries to each of the Regions listed. 1.2 On January 24, 1996, the Durham Planning Department met with the area municipal planning departments to introduce the matter and up -date the Planning Director's on the discussions that had taken place. 1.3 The Province is initiating steps to reduce provincial involvement in the approval process and plan review functions on various planning matters and development applications. These actions are being initiated through the introduction of amendments to the Planning Act through Bill 20 and in light of the Governments' recent Economic Statement. They reflect the Province's intentions to reduce its involvement in matters of approval under the Planning Act. The province has R REPORT NO. PD -32 -96 PAGE 2 taken the position that much of the work done by Ministry staff can be assumed by the regional municipalities, the local municipalities or contracted out to other key agencies. The Province foresees this action as a way to reduce duplication, improve client service and enable Provincial down - sizing. 2.1 The Planning review functions now undertaken by various Provincial Ministries fall into three main categories: a) Plan Review - commenting on Provincial Policy and legislative requirements. b) Technical Clearance - review and approval of technical studies submitted in support of an application or draft approval. c) Permit /Certificate Issuance - issuance of Provincial permit. 2.2 The various matters that are of interest to the Provincial Ministries are listed in Attachment No. 1 and they are the subject of continuous discussions amongst the Ministries, the Region and the local Municipalities. 2.3 The Ministries expect to transfer all or most of their plan review responsibilities, together with as much of the technical clearance functions as the Region is permitted to assume or wishes to assume. Some technical clearance and most permit functions will not be transferred until the Inter - Ministerial regulatory review program is completed in the fall of 1996. This exercise will determine whether some of these functions will be eliminated altogether. This would include functions such as Certificates of Approval as issued by Ministry of Environment and Energy. 2.4 With the exception of approval of any new Official Plans or applications that touch on major policy change, the transfer of review functions will commence in April 1996 and will occur over a period of several months. It should be noted that the ....3 a REPORT NO. PD -32 -96 PAGE 3 Ministry of Transportation will continue to provide comments and issue permit approvals as it has done in the past. 2.5 It is staff's understanding that the Ministry of Natural Resources and the Ministry of Environment and Energy will cease their direct involvement in zoning amendments, applications for consent, site plans etc. on April 1, 1996. This will occur whether or not the transfer agreements have been reached with the Regions. 2.6 Notwithstanding the full or partial withdrawal of Ministry involvement in the planning review process, this would not release the delegated authority from their obligations for "due diligence" in the regulatory process pursuant to the Planning Act. An example would be with respect to a development application adjacent to a creek or stream. Ministry of Natural Resources' comments in this example usually make reference to the Fisheries Act. Whether or not Ministry of Natural Resources provides comments, the Fisheries Act must still be regarded. The transfer agreements and protocol setting out the procedure and requirements between the Regions and the Province are essential steps to clarify how such applications are to be handled. 2.7 Issues that the Region and Province are presently reviewing include such matters as: • liabilities and risk management • functions and responsibilities being transferred by the Ministries to the Region • staff training and resources required for special functions • data/information transfers, data quality • performance monitoring • cost recoveries • work that needs to be transferred ....4 N REPORT NO. PD -32 -96 PAGE 4 2.8 The Region is currently holding a series of meetings with local municipal planning staff to review which type of review functions that can be transferred to the local municipalities. As indicated in Attachment No. 1, there are over seventy (70) areas of responsibilities that are subject to ongoing discussion as to which government agency will be assigned the responsibility. 2.9 The deadline date of April 1, 1996 for the transfer of provincial responsibilities has been set by the Provincial Facilitators Office. It is understood that while funding will not accompany the transfers, the Province appears prepared to commit to training staff. Whether it will be free or for a fee is unclear at this point in time. 3 CONCLUSION 3.1 The transfer of review functions in many respects confirms the commitment made by the Provincial Government to get out of the planning approval process. In so doing, it presents an opportunity to streamline the planning review process. There is no doubt that some review functions will be transferred to Clarington. As discussions are still ongoing, it is difficult to assess at this time what impact it may have on Clarington, particularly within the contest of available staff resources and expertise. This, plus other details will be further explored and staff will update Council as events unfold. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development LDT *FW *cc Attach. February 21, 1996 Reviewed by, W. H. tockwell Chief Administrative Officer M q DURHAM LL 22 N r Chronology of Discussions: 4 1 i , , . W. Mirl-11111-41 •' r . �� A Sept. 1995 M.O.E.E. staff verbally advise Regional staff that the Ministry will cease commenting on site - specific planning applications as of April 1, 1996 (e.g., subdivisions, condominiums and site - specific LOPAs) Oct. 1995 M.N.R. approaches Durham Region to begin discussing the Ministry's withdrawal from the review of certain planning applications Nov. 1995 Durham Region is advised that the Provincial Facilitator will be starting discussions with five Regions (R.M.O.W., R.M.H.W., R.M.O.H., R.M.O.C. & Durham). These Regions will serve as the "template" for the transfer of review functions to the other Regions in the Spring. Dec. 4, 1995 First meeting with Dale Martin ® the Province wants to transfer the review of site - specific planning applications to the Regions in 1996 ® in exchange for the transfer, the Province will provide data and training, but no funding Dale Martin's office will facilitate the development of a "Master Protocol ", a data transfer agreement, a training plan, and discussions about "alternative review models ". This must be accomplished by April 1, 1996 -- before M.O. E. E. and M.N.R. cease cornrnenting on site - specific planning applications. 0 Dale Martin's office will convene a meeting of Regional Solicitors to discuss Liability the Region was asked to review a list of items for potential transfer 532 AGENCY QUESTIONNAIRE - PROVINCIAL DELEGATION OF REVIEW ITEM# TOPIC Ministry of Agriculture, Food and Rural Affairs review MDS calculations > comment on justification reports > Ministry of Citizenship, Culture and Recreation comment on potential archeological sites > Ministry of Environment and Energy identify potential soil contamination > identify need for water taking permit > comment on need for traffic noise study 0 review traffic noise study, local road > comment on need for noise study near Provincial Highways 0 review noise study for Provincial Highways > comment on need for railway noise study 0 review railway noise studies > comment on need for stationary noise study, industrial > comment on need for stationary noise study, commercial O review stationary noise study > comment on setbacks from industries > Ministry of Natural Resources comment on sand and gravel resources LEGEND > Plan Review 0 Technical Clearance * Permit /Certificate Issuance ITEM# I TOPIC > comment on wetlands > comment on groundwater recharge areas > comment on wildlife habitats comment on ANSIs > comment on natural heritage areas > comment on fish habitat ® review wetland impact, mitigation reports O approve fish habitat impacts /mitigation reports > comment on woodlands > comment on flood hazards > comment on floodplain * approve development in floodplains > comment on erosion limits 0 approve sediment and erosion control > comment on Crown land issues > comment on Lakes and Rivers permit c i i WMIUaiy i.7 U DN:QUES- PROV.DEL LEGEND Plan Review O Technical Clearance * Permit /Certificate Issuance 534