HomeMy WebLinkAboutPSD-031-01
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Cl!J!ll1gron
REPORT
PLANNING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MONDAY, OCTOBER 22,2001
Resolution #:6//!-!3/b --0/
Report #: PSD-031-01
File #: PLN 1.1.5
By-law #:
Subject:
PROVINCIAL POLICY STATEMENT
FIVE YEAR REVIEW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-031-01 be received;
2. THAT Clarington Council endorse the Region of Durham comments on the
Provincial Policy Statement contained in Regional Report No. 2001-P-8,
Attachment 1 to this report and the resolution of Durham Region Planning
Committee on October 9, 2001 (Attachment 2); and
3. THAT the Ministry of Municipal Affairs and Housing and all interested parties
listed in this report be sent a copy of this report and be advised of Council's
decision.
Submitted by:
Davi
Dire
J. rome, M.C.I.P.,R.P.P.
, Planning Services
Reviewed br) C~-:-G. ~~
Franklin Wu
Chief Administrative Officer
BN*DC*df
12 October 2001
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REPORT NO.: PSD-031-01
1.0 BACKGROUND
The Provincial Government is in the process of conducting a five year review of its
land use planning policies. These policies are referred to as the Provincial Policy
Statement. As part of this process, the Government is seeking comments from all
individuals, organizations and municipalities on the effectiveness of these policies
in protecting Ontario's interested in land use planning matters and on any
changes that are needed to these policies. Comments are due to the Province by
October 12, 2001.
At the request of Regional Council, Durham Planning Staff undertook the
coordination of comments on the PPS from all municipalities in the Region and
prepared the final report. Clarington staff participated by attending the workshop
organized by the Region and reviewing drafts of the report. In addition, Clarington
staff participated at a workshop organized by the Province to solicit comments on
the PPS. In general, similar issues and comments were raised and discussed at
both workshops and are reflected in the Regional Report No. 2001-P-84 which
was considered by Durham Region Planning Committee on October 9, 2001. Staff
concur with the comments and recommendations contained in the Regional
Report and Durham Region Planning Committee Resolution of October 9, 2001.
(Attachments 1 and 2 respectively to this report)
Normally, when the Region coordinates a report of this nature, a joint report is
prepared and signed by the Region and the municipalities. Since the comments
are due on October 12, 2001, time does not permit this occur, therefore, we
recommend that Council endorse the Regional Report No. 2001-P-84 and
Durham Region Planning Committee Resolution of October 9, 2001 (Attachments
1 and 2 of this report). As Council will not consider this report until October 22,
2001, the Ministry of Municipal Affairs and Housing has been forwarded a copy in
the interim.
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REPORT NO.: PSD.031..()1
PAGE 3
Attachments:
Attachment 1 - Regional Report No. 2001-P-84
Attachment 2 - Resolution of Durham Region Planning Ctte. - October 9, 2001
Interested parties to be advised of Council's decision:
Provincial Policy Statement Review Project
Provincial Planning and Environmental Services Branch
Ministry of Municipal Affairs and Housing
777 Bay Street, 14th Floor
Toronto, ON
M5G 2E5
Linda Gasser
7421 Best Road
P.O. Box 399
Orono, ON
LOB 1 MO
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
661
ATTACHM ENT 1
The Regional Municipality of Durham
To: The Planning Committee
From: Commissioner of Planning
Report No.: 2001-P-84
Date: October 9, 2001
SUBJECT:
Provincial Policy Statement Review, 2001
RECOMMENDATIONS:
a) THAT Regional Council endorse Commissioner's Report No. 2001-P-84
as Durham Region's submission to the Province of Ontario on the PPS
review;
b ) THAT the Minister of Municipal Affairs and Housing be requested to
provide all interested stakeholders the opportunity for comment on any
proposed revisions to the Provincial Policy Statement; and
c) THAT a copy of Commissioner's Report No. 2001-P-84 be forwarded to
the Ministry of Municipal Affairs and Housing, the local municipalities,
school boards, conservation authorities and Land Division Committee.
REPORT:
1. PURPOSE
1.1 The purpose of this report is to provide comments and recommendations
to the Province, in response to the five year review of the Provincial Policy
Statement. "The goal of the review is to make sure that the Province's
land use planning policies are effectively protecting Ontario's interests and
to determine whether any changes need to be made to the policies". The
Province requests feedback and comments by October 12, 2001.
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Page NO.2
2. BACKGROUND
2.1 Policy Statements issued under Section 3 of the Planning Act, set out
overall policy directions on matters of provincial interest related to land
use planning and development. The Planning Act requires that
municipalities, provincial ministries, the Ontario Municipal Board and other
decision makers "have regard" to the Policy Statement when making land
use planning decisions. It is expected that the Policy Statement issued by
the Province will be implemented through more detailed municipal
planning instruments.
2.2 On May 22, 1996, concurrent with the proclamation of the Land Use
Planning and Protection Act (Bill 20), the Minister of Municipal Affairs and
Housing issued the Provincial Policy Statement (PPS). The PPS replaced
the Comprehensive Set of Policy Statements (CSPS) previously issued in
1995, in conjunction with the Planning and Municipal Statute Law
Amendment Act (Bill 163).
2.3 The PPS was notably much shorter in length and more general than the
CSPS. This was further reinforced by the replacement of the requirement
that planning decisions had to be 'consistent with" the Policy Statement,
with the requirement that planning authorities must "have regard to" the
Policy Statement. As a result, municipalities and other decision makers
had greater latitude in the interpretation and applicability of the policies.
The Province introduced the current PPS as part of an initiative to
streamline the land use planning system, which also involved the
devolution of planning authority to municipalities.
2.4 Section 3 (10) of the Planning Act requires that the Minister, at least every
five years from the date that a policy statement is issued, initiate a review
of the policy statement for the purpose of determining the need for
revision.
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Page NO.3
3. THE PROVINCIAL POLICY STATEMENT
3.1 The PPS consists of:
I) a preamble,
II) a set of guiding principles,
III) a set of policies addressing:
. Efficient, cost-effective development and land use patterns,
. Resources,
. Public Health and Safety,
IV) an explanation of how the Statement is implemented and interpreted,
and definitions of terms used in the document.
3.2 The Durham Regional Official Plan is the principle policy instrument which
expresses Regional Council's vision for the future growth and
development of the Region. The plan effectively implements the PPS and
goes beyond by providing Durham Region specific policies in areas such
as agriculture. In exercising its approval authority, Regional Council has
ensured that Local Official Plans and amendments, also have regard to
the PPS.
After five years of implementation, experience has shown that the PPS
can be improved to meet the current needs of the growing areas of
Ontario, particularly south central Ontario.
. 4. REGIONAL REVIEW PROCESS
4.1 Planning staff from the local municipalities and the Region met on
September 26, 2001, to discuss the PPS review. The purpose of the
meeting was to generate broad based discussion as a basIs for a
Regional response in collaboration with the local municipal planners. The
discussions focused on four themes:
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Page No.4
· Provincial Vision,
. Growth Management,
· Environmental Resources, and
. Implementation
4.2 The Durham Environmental Advisory Committee also provided comments
on the review.
4.3 To provide Planning Committee a context for the review, this submission
has been organized to follow the format of the current PPS. This
approach also provides a basis for general overall comments on
suggested Provincial Policy directions and specific comments on the PPS.
This report does not suggest wording for policies. Once the Province has
received comments and develops a revised policy statement, it is
essential that stakeholders have the opportunity for further input into the
development of the policy. At that time, recommendations on specific
wording can be brought forward. To ensure this opportunity is provided, it
is recommended, as part of this submission, that the Region request the
Minister to provide consultation on the draft.
5. OVERALL COMMENTS
5.1 The PPS represents a series of general planning principles. What is
lacking is a fundamental context for these principles. A broad based plan
or vision for the Province, based on the principles of growth management
(Le. Smart Growth), is needed. This vision, together with a PPS, would
provide a basis for the alignment of policies of all levels of government.
What is essential, is a vision that expresses in broad terms what issues
and values the Province considers significant and worthy of consideration
through more detailed official plan policy and other implementation
mechanisms.
The overall vision should recognize the diversity of the Province and the
need, not only to develop general policy direction, but to develop policies
recognizing special circumstances. This would provide the context for the
protection of unique features, such as the Oak Ridges Moraine, that are
essential to the evolution of the Province as a sustainable community.
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Page No.5
5.2 Earlier this year, the Province announced a Smart Growth initiative
intended to result in a strategy promoting and managing growth in ways
that sustain a strong economy, build strong communities, and promote a
healthy environment. Many of the elements of Smart Growth:
. maintaining firm urban boundaries and increasing densities;
. developing key nodes;
. improving transit;
. protecting greenspace and the countryside;
. protecting the environment; and,
. supportive fiscal policy;
are principles of good planning that are contained in the official plans of
the Region and its local municipalities.
To fully implement these policies, the Regional Planning Commissioner's
of Ontario prepared a paper entitled "Beyond Smart Growth: A Call to
Action". They identified ways implementation can be improved, for
example:
. significantly increasing public investments in infrastructure,
particularly public transit and grssnspace protection;
. realigning fiscal policies and legislation in support of Smart Growth;
and,
. directing the Ontario Municipal Board to uphold Smart Growth
principles in its decision making.
Accordingly, it is recommended that the Province acknowledge it has a
key role to play, not only in policy making, but also in implementing Smart
Growth through directions in the PPS as well as other necessary
initiatives.
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Page NO.6
6. PREAMBLE AND PRINCIPLES
6.1 This section introduces the purpose of the PPS which is to "provide policy
direction on matters of provincial interest related to land use planning and
development" .
6.2 It is expected that the policies, which "focus on key provincial interests
related to land use planning", will be complemented by local policies that
address matters of local interest.
Three key interests are:
. a healthy economy is vital to Ontario's prosperity;
. protection of the Province's resources over the long term; and,
. protection of the long term health of the population, and the financial
and economic well-being of the Province and municipalities.
6.3 These interests are founded in three broad principles on which Ontario's
long term economic, environmental and social health depend on:
. managing change and promoting efficiencies in land use;
. protecting resources for economic and environmental benefit; and,
. reducing risk by directing development away from areas where there
is a risk to public health and safety or of property damage.
Comment
6.4 The Preamble and Principles set out the legal and conceptual basis for the
PPS. The focus is on economy, resources and cost effectiveness.
Although environment and health and safety are mentioned, the emphasis
is on economic well-being. The PPS needs to reflect a clear balance
between economy and quality of life principles, within the context of
developing sustainable communities. Factors that contribute to quality of
life include availability of shelter, food, mobility, employment opportunities,
education, and a clean and healthy environment.
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As a measure to achieve this balance, the PPS must include a policy
dedicated to the environment. The current PPS addresses the
environment only as content and not as context for policy. For example, in
the context of land use policies, the PPS states: "Development... which
may cause environmental... concerns... shall be avoided". Similarly, in
the context of transportation policies, the PPS states: "Transportation
systems will be provided which are safe, environmentally sensitive, and
energy efficient". It is recommended that the PPS include a specific
section on the environment that sets out the intent of the Province on the
protection of water, air, significant natural heritage features, and other
environmental concerns as a context for policies.
6.5 Reference is also made to planning authorities "having regard to" the PPS.
The adequacy of this approach has been constantly debated. On one
hand, the approach is supported as it provides flexibility in the application
of Provincial Policy to the diverse circumstances encountered in the
Province. On the other hand, the approach is considered weak as there
may be no consistent application of policies by planning authorities and
the OMB, throughout the Province. In support of this latter view, the
Durham Environmental Advisory Committee has recommended that the
approach be strengthened to read "be consistent with".
Notwithstanding what phraseology is used, what is essential is a clear
definition of its meaning/intent as a basis for its application by planning
authorities and the OMB.
7. DETAILED PROVINCIAL POLICIES
7.1 The detailed policies are organized under four broad categories:
. Efficient, Cost-effective Development and Land Use Patterns,
. Resources,
. Public Health and Safety, and
. Implementation/Interpretation
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Efficient. Cost-Effective Development And Land Use Patterns
7.2 The policies in this section establish the elements of the approach to
growth management that the Province expects municipalities to follow.
Policies are organized under the headings: developing strong
communities, housing and infrastructure.
Developinq Stronq Communities
7.3 The PPS advocates the development of strong communities and sets out
a basic set of policies regarding growth.
Comment
7.4 To strengthen the policies, the concept of growth management needs to
be introduced in the context of creating sustainable communities. To
achieve this, it is recommended that the PPS provide more detailed
policies implementing the principles of Smart Growth. The policies should,
for example, provide the tools that planning authorities need to support the
creation of sustainable communities. The policies should require or
support:
. establishment of firm urban boundaries with prescribed time
horizons;
. establishment of a heirarchy of higher density nodes supported by
transit and roads;
. encouraging the establishment of appropriate minimum gross
residential and employment densities for growing urban areas;
. establishment of public transit at the time of initial development of
residential and employment lands; and
. commitment to dedicated sources of revenue and other initiatives to
support implementation.
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Page NO.9
7.5 The PPS states that urban areas and rural settlement areas will be the
focus for growth. This places rural settlements such as hamlets on an
equal footing with urban areas as receptors for growth. It is recommended
that the policy be revised to emphasize that urban areas are the primary
growth centres, whereas, rural settlements are restricted to "limited
growth". This is the approach established in the Durham Regional Official
Plan.
7.6 To prohibit premature expansion of urban areas and to allow the form and
function of communities to mature, it is recommended that the PPS be
amended to only permit municipalities to initiate the process of considering
the expansion of urban boundaries. This will avoid premature privately
initiated amendments and give municipalities the opportunity to consider
the pace and extent of growth.
Housinq
7.7 The PPS requires that provision be made for a full range of housing by
types, density and affordability in each community. A 10 year supply of
land and at least a 3 year supply of residential units must be maintained.
The policies are couched in the language of "encouraging" affordable
housing.
Comment
7.8 The policy direction is very general. The policy does not address the
specific need for affordable housing. The PPS should be amended to
emphasize the need to supply affordable rental, assisted and for-purchase
housing. To ensure implementation, programs, tax changes and
incentives are essential. Promoting the development of affordable
housing will demonstrate the Provinces commitment to Smart Growth and
the development of sustainable communities.
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Infrastructure
7.9 The PPS states that full municipal sewage and water services are the
preferred form of servicing for urban areas and rural settlement areas.
Communal services are the preferred means of servicing multiple lots!
units in areas where municipal services are not planned.
Comment
The Region recently reviewed the feasibility of permitting communal
service systems in the rural areas. Durham concluded that Regionally-
owned and operated communal services in rural settlements would only
be considered to address a health or environmental problem.
Unfortunately, the PPS facilitates rural growth on communals, that would
otherwise, not be technically feasible. The policy is inappropriate as it
would have the effect of:
· directing growth away from urban areas, where municipal services
already exist or are being planned;
· encouraging unplanned growth in rural areas by making urban like
development feasible in the rural area;
· creating opportunities for conflicts with agricultural and farm-related
activities in rural areas; and
· placing additional demands on municipalities and other bodies to
provide municipal and community services in scattered, limited
growth areas.
It is recommended that the policies be amended to direct the majority of
growth to planned, fully serviced urban areas.
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Transportation
7.10 The PPS requires transportation systems to be safe, environmentally
sensitive and energy efficient. The PPS also requires that potential
corridors and rights-of-way be protected.
Comment
7.11 This policy should be expanded to address the need to reduce auto-
dependence through the provision of land use patterns and densities that
can be sustained by public transit and the promotion of transportation
demand management initiatives. Goods movement should also be
addressed.
Waste ManaQement
7.12 The PPS calls for the establishment of appropriate waste management
systems.
Comment
7.13 Policles need to be expanded to place more emphasis on the
principles of reduction, re-use and recycling of waste as a means of
accommodating the increased waste generated by growth. The long-term
handling of waste in a healthy and responsible manner is essential to the
development of sustainable communities.
8. RESOURCES
8.1 In this section, the Policy Statement addresses agriculture, mineral
resources, natural heritage, water quality and quantity, and cultural
heritage and archaeological resources as distinct policy areas.
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Aqricultural Policies
8.2 The PPS calls for the protection of prime agricultural areas. Permitted
uses include agricultural uses, secondary uses such as home occupation
and fruit stands, and agriculture-related uses such as small scale
industrial/commercial uses directly related to farming. Lot creation is
discouraged but is permitted for the creation of agricultural lots, farm
retirement lots, a residence surplus to a farming operation and residential
infilling. Areas may be removed from prime agricultural areas only for
urban area expansions, extraction of mineral resources, and limited non-
residential uses.
Comment
8.3 The primary focus of the agricultural policies of the PPS is the
preservation of the land base. No reference is made to the significance of
agriculture to the provincial and local economies and as a way of life. To
ensure that agriculture and agricultural interests carry weight in the face of
other competing interests including expanding urban areas and non-farm
rural residents, it is recommended that the PPS be revised to recognize
the need to protect a viable agricultural industry. Furthermore, it is
recommended that the PPS recognize lands that are not necessarily
classified as prime agricultural land, as an essential component of the
rural landscape.
8.4 A viable agricultural industry is threatened by the fragmentation of large
farm parcels and the creation of non-farm residential parcels that are
incompatible with farm operations. As noted above, the current PPS
permits lot creation for various purposes in the prime agricultural area.
The policies are very general and do not effectively limit the number and
kinds of lots permitted. It is recommended that the PPS be strengthened
to more effectively restrict rural lot creation.
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Mineral Resources
8.5 The PPS calls for the protection of mineral aggregates, minerals and
petroleum resources for long term use. The mineral aggregates policies
are relevant to Durham. The policy states that mineral aggregate
operations will be protected from activities that would preclude or hinder
their expansion or continued use. The policy defines "Mineral Aggregate
Operation" as: lands under licence or permit, certain other recognized pits
and quarries and "associated facilities used in extraction, transport,
benefaction, processing or recycling of mineral aggregate, or the
production of secondary related products".
Comment
8.6 The emphasis of the policy is the protection of the resource. There is no
mention of protecting the environment from aggregate uses. It is
recommended that the policy be amended to introduce environmental
impact as a potential constraint to aggregate activities.
8.7 The definition of Mineral Aggregate Operation is too broad regarding the
potential range of permitted uses. The reference to "certain other
recognized pits and quarries" lacks definition. Similarly, reference to "the
production of secondary related products" is also unclear. The ambiguity
may lead to land use conflicts and differences in interpretation of permitted
uses. It is recommended that the policy be amended to clarify and limit
the range of permitted uses.
Natural HeritaQe
8.8 The PPS calls for the protection of natural heritage features and areas
from incompatible development. Development is prohibited in significant
wetlands and in significant portions of the habitat of endangered and
threatened species. However, development may be permitted in fish
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habitat, significant woodlands, significant valley lands, significant wildlife
habitat and significant areas of natural and scientific interest, provided that
there are no negative impacts on these features and natural functions.
Comment
8.9 This policy provides very general guidance on the approach to protect
natural heritage features. Use of terms such as, "incompatible
development", "significant" and "no negative impact" provide latitude in the
interpretation of the policy and inevitably result in debate, often
adjudicated before the OMB. It is recommended that these policies be
strengthened to clearly define what natural heritage features are to be
protected, what processes are to be followed, and to introduce the
concept of cumulative impacts of development. In particular, it is
recommended that the PPS address the protection of peat bogs as a
natural heritage feature. It is also recommended that the policy address
the following matters identified as part of the Tri-Regional Oak Ridges
Moraine initiative:
· the protection of glacial moraines threatened by development, in
particular the Oak Ridges Moraine;
· recognition of natural corridors, linkages and protection zones;
. protection of tableland woodlots;
· establishment of minimum buffers or protection zones from key
environmental features; and
· inclusion of landform conservation policies to maintain visual and
physical form, character and a variety of landscapes.
Water Quality and Quantity
8.10 The current PPS simply states that the quality and quantity of groundwater
and surface water and the function of sensitive groundwater
recharge/discharge areas, aquifers and headwaters are to be protected
and enhanced.
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Comment
8.11 Given the recent events pertaining to the protection of water resources, it
is recommended that this area of the PPS be re-examined and enhanced.
Matters to be considered include:
· the need for preparation of watershed plans;
· application of the concept of water balance when groundwater use
is contemplated;
· the protection of the quality and quantity of groundwater through the
establishment of standards for matters such as base flow to streams
and water temperature;
· the assessment of cumulative impact prior to issuance of water
taking permits; and
· implementation of water conservation measures including setting
conservation targets for all users
9. PUBLIC HEALTH AND SAFETY
9.1 Policies in this section focus on natural and man-made hazards. The
policies direct development away from areas where site conditions or
location may pose a danger to public safety or public health or result in
property damage. The policies address natural hazards from flooding,
erosion and dynamic beaches and human-made hazards from mines and
contaminated sites.
10. IMPLEMENTATION I INTERPRETATION
10.1 This section of the PPS reconfirms the requirement that planning
authorities "have regard to" the Policy Statement in making decisions on
all planning applications. Official plans are to "integrate all applicable
provincial policies". Official plans are referenced as the most important
vehicle for implementation of the Policy Statement. The PPS clearly
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states that planning authorities are not prevented from establishing official
plan policies that go beyond the minimum standard established by the
PPS.
Comment
10.2 The implementation policies clearly place the emphasis on official plans as
the fundamental mechanism for applying provincial policy. This is
consistent with an emphasis on a municipally-led planning system that
was introduced by the Province.
If indeed planning is to be municipally-led, then the PPS must be
strengthened to give additional weight to the decisions made by
municipalities on applications that may be appealed to the OMB.
11. CONCLUSION
11.1 The foregoing submission of the 5 year PPS review has been prepared in
consultation with local municipal staff and the Durham Environmental
Advisory Committee. The Province has established a deadline for
submissions of October 12, 2001. Since Regional Council will not
consider the recommendations of the Planning Committee until October
24th, the Ministry of Municipal Affairs and Housing will be advised
accordingly.
11.2 As suggested by the Planning Committee, stakeholders in each of the
local municipalities have been advised of Committee's consideration of
this report. Copies of this report were made available on request.
11.3 It is recommended that this report be endorsed as the Region's
submission to the 5 year review of the PPS. In addition, it is also
recommended that the Minister of Municipal Affairs and Housing be
requested to provide further opportunity for comment on revisions being
considered to the PPS.
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11.4 A copy of the Provincial Policy Statement is attached to this report.
A.L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
RECOMMENDED FOR PRESENTATION TO COMMITTEE
G.H. Cubitt, M.S.w.
Chief Administrative Officer
Attachment:
1.
Provincial Policy Statement
H:\ 1-2\agendas\2001 \10-09-01 \PPSReviewReport.doc
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Attachment 1
~Ontario
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Provincial
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Statement
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Revised February 1,1997
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PROVINCIAL POLICY lTAlEMENl
4.4...444.4....................................................................
Approved by the Lieutenant Governor in Council,
Order in Council No. 764-96.
This Provincial Policy Statement was issued under Section 3
of the Planning Act and came into effect on May 22, 1996.
It replaces the Comprehensive Set of Policy Statements.
,
Amendments (indicated in text):
1. New policy added to not permit new residential development or
other sensitive land uses in areas near airports above 30 NEF/NEP.
Approved by the Lieutenant Governor in Council, Order in Council No. 102-97.
This amendment to the Provincial Policy Statement was issued under Section 3
of the Planning Act effective February 1, 1997.
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............................................................... ........................
PROVINCIAL POUCY STATEMENT
Tobie of Contents
PREAMBLE ...................................................................................................................................... 1
II PRINCIPLES .................................................................................................................................... I
III POLICIES ..........................................................................................................................................2
I. Efficient, cost-effective development and land use patterns......................................................... 2
1.1 Developing strong communities ...........................................................................................2
1.2 Housing ................................................................................................................................... 4
1.3 Infrastructure ......... ......... .......... ............................... ................ ........ ............................. .... ...... 4
2. Resources .......................................................................................................................................... 6
2.1 Agricultural Policies ...............................................................................................................6
2.2 Mineral Resources ..................................................................................................................7
2.3 Natural Heritage............. ......... ....... ............ ............... ......... ........................ ..... .......... ........ .....8
2.4 Water quality and quantity .................................................................................................... 9
2.5 Cultural Heritage and Archaeological Resources ................................................................. 9
3. Public Health and Safety ...............................................................................................................10
3.1 Natural Hazards ................................................................................................................... 10
3.2 Human-made Hazards ........................................................................................................10
N IMPLEMENTATION/INTERPRETATION ................................................................................. 11
FIGURE .....................................................................................................~.~.................................. 12
DEFINITIONS ............................................................................................................................... 13
Italicized terms are defined in the Definitions section. For other terms, the normal meaning of the words
applies. In certain cases, terms are italicized only in specific policies. For .these terms, the defined
meaning applies where they are italicized and the normal meaning applies where they are not italicized.
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PROVINCIAL POLICY 11AlfMfNI
.....................................................................................
I
PREAMBLE
This Policy Statement is issued under the authority of Section 3 of the Plannin~ Act. It
provides policy direction on matters of provincial interest related to land use planning and
development. The policies focus on the key provincial interests related to land use planning.
These policies will be complemented by locally-generated policies regarding matters of local
interest.
Section 3 of the Plannin~ Act requires that, in exercising any authority that affects planning
matters, planning authorities "shall have regard to" policy statements issued under the Act.
The Policy Statement is intended to promote a policy-led system which recognizes that the~e
are complex inter-relationships among environmental, economic and social factors in land use
planning.
A healthy economy is vital to Ontario's ongoing prosperity. Wisely managed growth can result
in communities which are economically and environmentally sound, and which meet the full
range of needs of their current and future residents. Doing things right the first time can
avoid the need for costly remedial measures to correct problems.
The Province's resources - its agricultural land base, mineral resources, natural heritage
resources, water supply and cultural heritage resources - provide economic, environmental
and social benefits. The wise use and protection of these resources over the long term is a key
provincial interest.
Equally, the Province has an interest in protecting the long term health and safety of the
population, and the financial and economic well-being of the Province and municipalities.
II PRINCIPLES
Ontario's long term economic prosperity, environmental health and social well-being
depend on:
I. managing change and promoting efficient, cost-effective development and land use
patterns which stimulate economic growth and protect the environment _and public health;
2. protecting resources for their economic use and/or environmental benefits; and
3. reducing the potential for public cost or risk to Ontario's residents by directing development
away from areas where there is a risk to public health or safety or of property damage.
27
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PROVINCIAL POLICY STATEMENT
III PO II (I ES
It is the policy of the Province of Ontario that:
,
[] Efficient, Cost-effective Development and Land Use Pafferns
1.1 Developing Strong Communities
1.1.1 Subject to the provisions of policy I. 1.2, cost-effective development patterns will be
promoted. Accordingly:
a) Urban areas and rural settlement areas (cities, towns, villages and hamlets) will be the focus of
growth;
b) Rural areas will generally be the focus of resource activity, resource-based recreational activity
and other rural land uses;
c) Urban areas and rural settlement areas will be expanded only where existing designated areas
in the municipality do not have sufficient land supply to accommodate the growth projected
for the municipality. Land requirements will be determined in accordance with policy 1.1.2.
The policies of Section 2: Resources, and Section 3: Public Health and Safety will be applied in
the determination of the most appropriate direction for expansions. Expansions into prime
agricultural areas are permitted only where:
I. there are no reasonable alternatives which avoid prime agricultural areas; and
2. there are no reasonable alternatives with lower priority agricultural lands in the prime
agricultural area;
d) Development and land use patterns that would hinder the efficient expansion of urban areas
or rural settlement areas are not permitted in adjacent areas;
e) A coordinated approach should be achieved when dealing with issues which cross municipal
boundaries, including:
I. infrastructure and public service facilities;
2. ecosystem and watershed related issues;
3. shoreline and riverine hazards; and
4. housing and employment projections, based on housing market areas.
Where upper tier planning takes place, projections for municipalities will be mordinated and
allocated by upper tier governments, in consultation with lower tier governments;
f) Development and land use patterns which may cause environmental or public health and
safety concerns will be avoided; and
g) In territory without municipal organization, the focus of development activity will be
resource activities and resource-based recreational activities, with the following restrictions:
I. The establishment of new permanent townsites is not permitted; and
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PROYI NClAl poua STATEMENT
................................................. ......................................
2. Development other than resource activity and resource-based recreational activity will be
restricted in the area adjacent to and surrounding municipalities unless:
the area forms part of a planning area; and
it has been determined, as part of a comprehensive planning exercise, that the i~pacts
of growth will not place an undue strain on the public service facilities and infrastructure
of the adjacent municipality.
1.1.2 Land requirements and land use patterns will be based on:
a) the provision of sufficient land for industrial, commercial, residential, recreational, open
space and institutional uses to promote employment opportunitie~ and for an appropriate
range and mix of housing, to accommodate growth projected for a time horizon of up to 20
years. (However, where a longer time period has been established for specific areas of the
Province as a result of a comprehensive provincial planning exercise, such as that coordinated
by the Province in the Greater Toronto Area, that time frame may be used for upper and lower
tier municipalities within the area);
b) densities which:
I. efficiently use land, resources, infrastructure and public service facilities;
2. avoid the need for unnecessary and/or uneconomical expansion of infrastructure;
3. support the use of public transit, in areas where it exists or is to be developed;
4. are appropriate to the type of sewage and water systems which are planned or available; and
5. take into account the applicable policies of Section 2: Resources, and Section 3: Public
Health and Safety;
c) the provision of a range of uses in areas which have existing or planned infrastructure to
accommodate them;
d) development standards which are cost effective and which will minimize land consumption
and reduce servicing costs; and
e) providing opportunities for redevelopment, intensification and revitalization in areas that
have sufficient existing or planned infrastructure.
1.1.3 Long term economic prosperity will be supported by:
a) making provisions such that infrastructure and public service facilities will be available to
accommodate projected growth;
b) providing a supply of land to meet long term requirements, in accordance with policy 1.1.2;
c) providing for an efficient, cost-effective, reliable, multiCmodal transportation system that is
integrated with adjacent systems and those of other jurisdictions and is appropriate to address
expected growth;
d) conserving energy and water by providing for energy and water efficiency;
e) maintaining the well-being of downtowns and mainstreets;
f) optimizing the long-term availability and the use of agricultural and other resources; and
g) planning so that major facilities (such as airports, transportation corridors, sewage treatment
29
684
. ~ . . . . . . . . . . . . . ~ . . . . ~ . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . .
PROVINOAl POliCY STATEMENT
Added By
OIC 102.97
facilities, waste management systems, industries and aggregate activities) and sensitive land
uses are appropriately designed, buffered and/or separated from each other to prevent adverse
effects from odour, noise and other contaminants. ,
To protect airports from incompatible development:
1. New residential development and other sensitive land uses will not be permitted in
areas near airports above 30 NEF/NEP, as set out on maps (as revised from time to time)
approved by Transport Canada; but
2. Redevelopment of existing residential uses and other sensitive land uses or infilling of
residential and other sensitive land uses may be considered above 30 NEF/NEP if it has
been demonstrated that there will be no negative impacts on the 16ng-term function of
the airport.
1.2 Housing
1.2.1 Provision will be made in all planning jurisdictions for a full range of housing types
and densities to meet projected demographic and market requirements of current and future
residents of the housing market area by:
a) maintaining at all times at least a lO-year supply of land designated and available for new
residential development and residential intensification;
b) maintaining at all times, where new development is to Occur, at least a 3-year supply of
residential units with servicing capacity in draft approved or registered plans;
c) encouraging housing forms and densities designed to be affordable to moderate and lower
income households;
d) encouraging all forms of residential intensification in parts of built-up areas that have sufficient
existing or planned infrastructure to create a potential supply of new housing units available
from residential intensification; and
. e) establishing cost-effective development standards for new residentiaL development and
redevelopment to reduce the cost of housing.
1.3 Infrastructure
1.3.1 SEWAGE AND WATER SYSTEMS
1.3.1.1 Planning for sewage and water systems will recognize that:
a) full municipal sewage and water services are the preferred form of servicing for urban areas and
rural settlement areas. In areas serviced by full municipal sewage and water services, lot
creation will be permitted only if sufficient reserve water and sewage plant capacity will be
available to accommodate it;
b) communal services are the preferred means of servicing multiple lots/units in areas where full
municipal sewage and water services are not or cannot be provided, where site conditions are
suitable over the long term; and
30
685
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f_
PROVINCIAl POUCY STATfMfHT
....................................................................................
c) lot/unit creation may be serviced by individual on-site systems where the use of communal.
systems is not feasible and where site conditions are suitable over the long term; but
d) partial services will be discouraged except where necessary to address failed services, qr
because of physical constraints. _
1.3.2 TRANSPORTATION
1.3.2.1 Transportation systems will be provided which are safe, environmentally sensitive, and
energy efficient.
1.3.3 TRANSPORTATION CORRIDORS AND INFRASTRUCTURE CORRIDORS
,
1.3.3.1 Corridors and rights-of-way for significant transportation and infrastructure facilities will be
protected. .
1.3.4 WASTE MANAGEMENT
1.3.4.1 Waste management systems need to be provided that are of an appropriate size and type to
accommodate present and future requirements, and will be located and designed in accordance
with provincial standards and legislation.
31
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PROVINCIAL POLICY STATEMENT
[I] Resources
2.1 Agricultural Policies
.
2.1.1 Prime agricultural areas will be protected for agriculture. Permitted uses and activities in these
areas are: agricultural uses; secondary uses; and agriculture-related uses.
Proposed new secondary uses and agriculture-related uses will be compatible with, and will not
hinder, surrounding agricultural operations.
2. 1.2 Lot creation in prime agricultural areas is generally discouraged and will be permitted only in the
following situations:
a) new lots for agricultural uses may be permitted provided that they are of a size appropriate for
the type of agricultural use(s) common in the area and are sufficiently large to maintain
flexibility for future changes in the type or size of agricultural operation;
b) new lots may be permitted for agriculture-related uses; and
c) . new lots for residential uses may be permitted for:
1. a farm retirement lot,
2. a residence surplus to a farming operation; and
3. residential infilling.
Any new lot for residential uses will be limited to a minimum size needed to accommodate
the residence and an appropriate sewage and water system.
2.1.3 An area may be excluded from prime agricultural areas only for:
a) an expansion of an urban area or rural settlement area, in accordance with policy I. 1.1 c);
b) extraction of mineral resources, in accordance with policy 2.2; and
c) limited non-residential uses, provided that:
I. there is a demonstrated need for additional land to be designated to accommodate the
proposed use;
2. there are no reasonable alternative locations which avoid prime agricultural areas; and
3. there are no reasonable alternative locations in prime agricultural areas with lower priority
agricultural lands.
Impacts from any new non-agricultural uses on surrounding agricultural operations and lands
will be mitigated.
2.1.4 New land uses, including the creation of lots, and new or expanding livestock facilities
will comply with the minimum distance separation formulae.
2.1.5 In prime agricultural areas, agricultural uses and normal farm practices will be
promoted and protected.
3?
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PROVINCIAL POLICY STATEMENT
..................................................... ... ... ... ....... ................
I
2.2 Mineral Resources: Mineral Aggregates, Minerals, Petroleum Resources
2.2.1 Mineral resources (mineral aggregates, minerals and petroleum resources) will be protected for long
. term use.
~
2.2.2 MINERALS AND PETROLEUM REsOURCES
2.2.2.1 Mineral mining operations and petroleum resource operations will be protected from activities that
would preclude or hinder their expansion or continued use or which would be incompatible for
reasons of public health, public safety or environmental impact.
2.2.2.2 In areas adjacent to or in known mineral deposits or known petroleum, resources, and in areas of
mineral potentia~ development which would preclude or hinder the establishment of new
operations or access to the resources will only be permitted if:
a) resource use would not be feasible; or
b) the proposed land uses or development serves a greater long term public interest; and
c) issues of public health, public safety and environmental impact are addressed.
2.2.2.3 Rehabilitation to accommodate subsequent land uses will be required after extraction and other
related activities have ceased. Progressive rehabilitation will be undertaken where feasible.
2.2.2.4 Extraction of minerals and petroleum resources is permitted in prime agricultural areas, provided
that the site is rehabilitated.
2.2.3 MINERAL AGGREGATES
2.2.3.1 AI; much of the mineral aggregate resources as is realistically possible will be made available to
supply mineral resource needs, as close to markets as possible.
2.2.3.2 Mineral aggregate operations will be protected from activities that would preclude or hinder their
expansion or continued use eT-which ,,'ould be incempatible for reasons of public health, public
safety or environmental impact. Existing mineral aggregate operations will be permitted to
continue without the need for official plan amendment, rezoning or development permit under
the Plannin& Act. .
2.2.3.3 In areas adjacent to or in known deposits of mineral aggregates, development which would preclude
or hinder the establishment of new operations or access to the resources will only be permitted if:
a) resource use would not be feasible; or
b) . the proposed land uses or development serves a greater long term public interest; and
c) issues of public health, public safety and environmental impact are addressed.
2.2.3.4 Wayside pits and quarries and portable asphalt plants used on public authority contracts will be
permitted, without the need for official plan amendment, rezoning, or development permit under
the Plannin& Act in ;df areas, except those areas of existing development or particular
environmental sensitivity which have been determined to be incompatible with extraction and
associated activities.
33
688
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . ~ '.' . . ~ . . . . . . . . ~ . . . . . . . .
PROVINCIAL POLICY STATEMENT
2.2.3.5 Progressive rehabilitation to accommodate subsequent land uses will be required.
2.2.3.6 In prime agricultural areas, on prime agricultural land, extraction of mineral aggregates is permitteq
as an interim use provided that rehabilitation of the site will be carried out whereby substanti8.Jly
the same areas and same average soil quality for agriculture are restored.
On these prime agricultural lands, complete agricultural rehabilitation is not required if:
a) there is a substantial quantity of mineral aggregates below the water table warranting
extraction; or
b) the depth of planned extraction in a quarry makes restoration of pre-extraction agricultural
capability unfeasible; and
c) other alternatives have been considered by the applicant and found unsuitable,; and
d) agricultural rehabilitation in remaining areas will be maximized.
2.3 Natural Heritage
2.3.1 Natural heritage features and areas will be protected from incompatible development.
a) Development and site alteration will not be permitted in:
significant wetlands south and east of the Canadian Shield,; and
significant portions of the habitat of endangered and threatened species.
b) Development and site alteration may be permitted in:
fish habitat;
significant wetlands in the Canadian Shield,; .
significant woodlands south and east of the Canadian Shield,;
significant valleylands south and east of the Canadian Shield,;
. significant wildlife habitat; and
significant areas of natural and scientific interest
if it has been demonstrated that there will be no negative impacts on the natural features or the
ecological-jimctions for which the area is identified.
2.3.2 Development and site alteration maybe permitted on adjacent lands to a) and b) if it
has been demonstrated that there will be no negative impacts on the natural features or
on the ecological functions for which the area is identified.
2.3.3 The diversity of natural features in an area, and the natura] connections between-them
should be maintained. and improved where possible.
2.3.4 Nothing in policy 2.3 is intended to limit the ability of agricultural uses to continue.
Deha t:ilttrnari,,~s include resources in ar~as of clasu$ 4 10 7 agricultural lands. resource$ on land$ committed to futur~ urban u$e$.and
Ttsourca on prime agricultural/ands wh~r~ r~habilitarion to agricu/rur~;$ pOHible.
Area$ south and ~asr of the Canadian Shield are shown on Figure 1
,
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689
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PROVINOAl POUCY STATEMENT
.....................................................................................
2.4 Water Quality and Quantity
2.4.1 The quality and quantity of ground water and surface water and the function of
sensitive ground water recharge/discharge areas, aquifers and headwaters will be
protected or enhanced.
.
2.5 Cultural Heritage and Archaeological Resources
2.5.1 Significant built heritage resources and cultural heritage landscapes will be conserved.
2.5.2 Development and site alteration may be permitted on lands containing archaeological resources or
areas of archaeological.potential if significant archaeological resources have been conserved by
removal and documentation, or preservation on site. Where significant archaeological resources
must be preserved on site, only development and site alteration which maintain the heritage
integrity of the site will be permitted.
35
690
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PROVINCIAL POUCY STATEMENT
[] Public Health and Safety
3.1
Natural Hazards
3.1.1 Development will generally be directed to areas outside of.
a) hazardous lands adjacent to the shorelines of the Great Lakes - St. Lawrence River System and
large inland lakes which are impacted by flooding, erosion, and/or dynamic beach hazards;
b) hazardous lands adjacent to river and stream systems which are impacted by flooding and/or
erosion hazards; and
c) hazardous sites.
,
3.1.2 Development and site alteration will not be permitted within:
a) defined portions of the dynamic beach;
b) defined portions of the one hundred year flood level along connecting channels (the SI. Mary's,
SI. Clair, Detroit, Niagara and St. Lawrence Rivers); and
c) a fIoodway (except in those exceptional situations where a Special Policy Area has been
approved).
3.1.3 Except as provided in policy 3.1.2, development and site alteration may be permitted in hazardous
lands and hazardous sites, provided that all of the following can be achieved:
a) the hazards can be safely addressed, and the development and site alteration is carried out in
accordance with established standards and procedures;
b) new hazards are not created and existing hazards are not aggravated;
c) no adverse environmental impacts will result;
d) vehicles and people have a way of safely entering and exiting the area during times of
flooding, erosion and other emergencies; and
. e) the development does not include institutional uses or essential emergency services or the
disposal, manufacture, treatment or storage of hazardous substances.
3.2 Human-m~de Hazards
3.2.1 Development on, abutting or adjacent to lands affected by mine hazards or former mineral
resource operations will be permitted only if rehabilitation measures to address and mitigate
known or suspected hazards are under-way or have been completed.
3.2.2 Contaminated sites will be restored as necessary prior to any activity on the site associated with
the proposed use such that there will be no adverse effect. .
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691
PROVINCIAL POLICY STATEMENT
.......................................................... ..........................
IV IMPLEMENTATION/INTERPRETATION
1. The Provincial Policy Statement came into effect on the date of proclamation of Bill 20; and
applies to all applications submitted after that date. Planning authoriti€.> "shall ha~e regard to"
the policy statement in making decisions on all applications submitted on or after the
proclamation date, and to all applications which were commenced on or after March 28, 1995
and in respect of which no decision had been made on the date of proclamation. The
Provincial Policy Statement replaces the Comprehensive Set of Policy Statements.
,
Section 75 of the Planning Act provides when an application is considered to have commenced
and when a decision is considered to have been made for the purposes of this section.
2. Nothing in this policy statement is intended to prevent planning authorities from going
beyond the minimum standards established in specific policies, in developing official plan
policies and when making decisions on planning matters, unless doing so would conflict with
any other policy.
The Provincial Policy Statement is to be read in its entirety, and all pertinent policies are to be
applied to each situation.
3. The Province, in developing and amending provincial plans, will have regard to these policy
statements. Provincial plans, such as those adopted under the Ontario Planning and
Development Act. 1994 or the Niagara Escarpment Planning and Development Act. which
have been approved by the Lieutenant Governor in Council, will take precedence over policies
in this statement.
4. These policies are to be applied in dealing with planning matters.
Official plans will integrate all applicable provincial policies and-apply appropriate land use
designations and policies. Since the policies focus on end results, the official plan is the most
important vehicle for the implementation of the Policy Statement.
5. Infrastructure may be authorized under legislation other than or in addition to the Planning
h!;!. Other authorizing legislation may include the Environmental Assessment Act. the
Ontario Energy Board Act. and the Ontario Water Resources Act.
An environmental assessment process may be applied to new infrastructure and modifications
to existing infrastructure under applicable legislation. The applicable pOllcies would be
considered as part of the evaluation conducted under the relevant environmental assessment
process.
6. The Province, in consultation with municipalities, will identify performance indicators for
measuring the effectiveness of some or all of the policies, and will monitor their
implementation. Municipalities are encouraged to establish performance indicators to
monitor the implementation of the policies in their official plans.
37
692
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38
693
. . . .P~~V~N.[I~~ P.OllCY.STATEMENT
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PROVINCIAL pOlla STATEMENT
DEFINITIONS
Adjacent lands:
means those lands, contiguous to a specific natural heritage
feature or area, where it is likely that development or site
alteration would have a negative impact on the feature or
area. The extent of the adjacent lands may be recommended
by the Province or based on municipal approaches which
achieve the same objectives.
Adverse effects:
as defined in the Environmental Protection Act. means one
or more of:
impairment of the quality of the natural environment
for any use that can be made of it;
injury or damage to property or plant and animal life;
harm or material discomfort to any person;
an adverse effect on the health of any person;
impairment of the safety of any person;
rendering any property or plant or animallife unfit
for use by humans;
loss of enjoyment of normal use of property; and
interference with normal conduct of business.
Added By
01( 102-97
Agricultural uses:
means the growing of crops, including nursery and
horticultural crops; raising of livestock and other animals for
food, or fur, including poultry and fish; aquaculture; agro-
forestryi maple syrup production; and associated on-farm
buildings and structures.
Agriculture-related uses:
means those farm related commercial and farm-related
industrial uses that are small scale and directly related to the
farm operation and are required in close proximity to the
farm operation.
Airports:
means all Ontario airports, including designated lands for
future airports, with Noise Exposure Forecast (NEF)/Noise
Exposure Projection (NEP) mapping;
Areas of archaeological potentia]:
means areas with medium or high potential for the discovery
of archaeological resources. This potential is based on the
presence of a wide range of geographic and historical features
which influenced past settlement. Archaeological porentia! is
confirmed through archaeological assessment.
Areas of mineral potential:
means areas favourable to the discovery of mineral deposits
due to geology, the presence of known mineral deposits or
other technical evidence. Areas of mineral potential are
identified using accepted scientific methodology.
Areas of natural and scientific interest (ANSI):
means areas of land and water containing natural landscapes
or features that have been identified as having life science or
earth science values related to protection, scientific study, or
education. ~
Built heritage resources:
means one or more buildings, structures, monuments,
installations, or remains associated with architectural,
cultural, social, political. economic, or military history, and
identified as being important to a community.
Cultural heritage landscape:
means a defined geographkal area of heritage significance
which has been modified by human activities. Such an area
is valued by a community, and is of significance to the
understanding of the history of a people or place.
Defined portions of a dynamic beach:
means those portions of the dynamic beach which are highly
unstable and/or critical to the natural protection and
maintenance of the first main dune feature and/or beach
profile, where any development or site alteration would create
or aggravate flooding or erosion hazards, cause updrift and/or
downdriftimpacts andlor cause adverse environmental
impacts.
Defined portions of the one hundred year flood level along
connecting channels:
means those areas which are critical to the conveyance of the
flows associated with the one hundred year flood level along
the St. Mary's, 51. Clair, Detroit, Niagara and St. Lawrence
Rivers, where development or site alteration will create
flooding hazards, cause up drift and/or downdrift impacts
and/or cause adverse environmental impacts.
Deposits of mineral aggregates:
means an area of identified mineral aggregates that has a
sufficient quantity and quality to warrant present or future
extraction.
Designated and available:
means, for the purposes of Policy 1.2.1a), designated in the
official plan for urban residential use. For municipalities
where more detailed official plan policies (eg. secondary
plans) are required before development applications can be
considered for approval, only lands that have at least begun
the more detailed planning process are considered to be
designated for the purposes of this definition.
Development:
means the creation of a new lot, a change in land use, or the
construction of buildings and structures, requiring approval
under the Planninl! Act: but does not include activiries that
create or maintain infrastructure authorized under an
environmental assessment process; or works subject to the
Draina2e Act.
39
694
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Dynamic beach:
means areas of inherently unstable accumulations of
shordine sediments along the Great Lakes- St. Lawrence River
System and large inland lakes. The dynamic beach hazard
limit includes the flooding hazard limit plus a dynamic beach
allowance.
Ecological functions:
means the natural processes, products or services that living
and non.Iiving environments provide or perform within or
between species, ecosystems and landscapes. These may
include biological. physical and socia-economic interactions.
Endangered species:
means any native species, as listed in the Regulations under
the Endan~ered Species Act. that is at risk of extinction
throughout all or a significant portion of its Ontario range if
the limiting factors are not reversed.
Erosion hazards:
means the loss ofland, due to human or natural processes,
that poses a threat to life and property. The erosion hazard
limit is determined using the 100 year erosion rate (the
average annual rate of recession extended Over a hundred
year time span), an allowance for slope stability, and an
erosion allowance.
Essential emergency services:
means services such as those provided by fire, police and
ambulance stations and electrical substations, which would
be impaired during an emergency as a result of flooding, the
failure of f1oodproofing measures andlor protection works,
andlor erosion.
Established standards and procedures:
means the following:
FJoodproofing standard, which means the combination
of measures incorporated into the basic design and/or
construction of buildings, structures, Or properties to reduce
or eliminate flooding, wave uprush and other water related
hazards along the shorelines of the Great Lakes _ St. Lawrence
River System and large inland lakes, and flooding along river
and stream systems.
Protection works standard, which means the
combination of non-structural or structural works and
allowances for slope stability and f1oodinglerosion to reduce
the damages caused by flooding, erosion, and other water
related hazards, and to allow access for their maintenance and
repair.
Access standard, which means a method or procedure to
ensure safe vehicular and pedestrian movement, and access
for the maintenance and repair of protection works, during
times of flooding, erosion and/or other water related hazards.
PROVINCIAL POLICY STATEMENT
Farm retirement lot:
means one lot from a farm operation for a full time farmer of
retirement age who is retiring from active work.jng life, was
farming on January 1, 1994 or an earlier date set out in an
existing official plan, and has oWlltd and operated the farm
operation for a substantial number of years.
Fish:
means fish, shellfish, crustaceans, and marine animals, at aU
stages of their life cycles.
Fish habitat:
means the spawning grounds and nursery, rearing, food
supply, and migration areas oA which fish depend directly or
indirectly in order to carry out their life processes.
Flood fringe (for river and stream systems):
means the outer portion of the flood plain between the
floodwayand the flooding hazard limit. Depths and velocities
of flooding are generally less severe in the flood fringe than
those experienced in the floodway. The flood fringe is the
area where development and site alteration may be permitted,
subject to appropriate flood proofing to the flooding hazard
elevation or another flooding hazard standard approved by
the Ministry of Natural Resources.
Flood plain (for river and stream systems):
means the area, usually low lands adjoining a watercourse,
which has been or may be subject to flooding hazards.
Flooding hazards:
means the inundation, under the conditions specified below,
of areas adjacent to a shoreline or a river or stream system and
not ordinarily covered by water:
aJ Along the shorelines of the Great Lakes _ Sr. Lawrence
River System and large inland lakes. the flooding hazard
limit is based on the HJO year flood level plus an
allowance for wave uprush and other water related
hazards.
b) Along river and stream systems, the flooding hazard
limit is the greater of:
1. the flood resulting from the rainfall actually
experienced during a major storm such as the
Hurricane Haze! storm (1954) or the Timmins
Storm (1961), transposed Over a specific watershed
and combined with the local conditions, where
evidence suggests that the stor~ eVent could have
pote;]tiaHy Occurred Over watersheds in the general
area;
2. the one hundred year flood; or
J. a nood which is grearer than l) or 2) which was
actually experienced in a particular watershed or
ponion thereof as a result of ice jams and which
has been approved as the standard for thar specific
area by the Minister of Natural Resources.
40
695
............................................... ... ........... ......... ......... .....
PROVINCIAL POLICY STATEMENT
except where the use of the one hundred y,ar flood or
actually experienced event as the standard for a specific
watershed has been approved by the Minister of
Natural Resources (where the past history of flooding
supports the lowering of the standard).
F10adway (for river and stream systems):
means the portion of the flood plain where development
(other than uses which by their nature must be located
within the flood way, flood and/or erosion control works, or
where appropriate, minor additions or passive, non-
structural uses which do not affect flood flows) and site
alteration would caus< a danger to public health and safety
or property damage.
Where the one zone concept is applied, the flaadway is the
entire flood plain.
Where the two zone concept is applied, the flaadway is the
inner portion of the flood plain, representing that area
eequired for the safe passage of flood flow and/or that area
where flood depths and/or velocities are considered to be
such that they pose a potential threat to life and/or property
damage. Where the two zone concept applies, the outer
portion of the flood plain is caIJed the flood fringe.
Great Lakes, St. Lawrence River System:
means the major water system consisting of Lakes Superior,
Huron, St. Clair, Erie and Ontario and their connecting
channels. and the St. Lawrence River within the boundaries
of the Province of Ontario.
Hazardous lands:
means property or lands that could be unsafe for
development due to naturally occurring processes. Along
the shorelines of the Great Lakes - St. Lawrence River System,
this means the land, including that covered by water,
between the international boundary, where applicable, and
the furthest landward limit of the flooding, erosion or
dynamic beach haz~rd limits. Along the shorelines of large
inland Iake~ this means the land, including that covered by
water, between a defined offshore distance or depth and the
furthest landward limit of the flooding, erosion or dynamic
beach hazard limits. Along river and stream systems. this
means the land. including that covered by water, to the
furthest landward limit of the flooding or erosion hazard
limits.
Hazardous sites:
means propeny or lands that could be unsafe for
development and site alteration due to naturally occurring
hazards. These may include unstable soils (sensitive marine
clays [leda]. organic soils) or unstable b,drock (karst
topography).
Hazardous substances:
means substances which, individually, or in combination with
other substances, are normally considered to pose a danger to
public health, safety and the environment. These substances
generally include a wide array otmaterials that are toxic,
ignitable. corrosive, reactive, radioactive or pathological.
Housing market area:
refers to an area, generally broader than a lower tier
municipality, that has a high degree of social and economic
interaction. In southern Ontario, the county or regional
municipality will normally ~erve as the housing market area.
VJhere a housing market area extends significantly beyond
county or regional boundaries. it may include a combination
of counties and/or regional municipalities.
Infrastructure:
means physical structures that form the foundation for
development. Infrastructure includes: sewage and water
works, waste management systems, electric power,
communications, transit and transportation corridors and
facilities, and oil and gas pipelines and associated facilities.
Institutional uses:
means those uses, associated with hospitals, nursing homes,
pre-school, school nurseries, day care and schools, where
there is a threat to the safe evacuation of the sick, the elderly,
the physically challenged or the young during an emergency
as a result of flooding, failure of floadproafmg measures or
protection works, or erosion.
Large inland lakes:
means those waterbodies having a surface area of equal to or
greater than 100 square kilometres where there is not a
measurable or predictable response to a single runoff event.
Mine hazards:
means any feature of a mine as defined under the Minin" Act
or any rdated disturbance of the ground that has not been
rehabilitated.
Mineral aggregate:
means gravel, sand, clay, earth, shale, stone, limestone,
dolostone, sandstone. marble, granite, rock or other material
prescribed under the A~~re~ate Resources Act suitable for
construction, industrial, manufacturing and maintenance
purposes but does not include met<rllic ores, asbestos,
graphite, kyanite, mica, nepheline syenite, salt, talc,
wollastonite. mine tailings or other material prescribed under
the Minin. Act.
Mineral deposits:
means an unusually large or rich concentration of valuable
minerals identified within a small part of the Earth's crust.
41
696
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROV/N-ClAl POliCY STATEMfHT
.............. ........................
Min~ral aggregate operation:
means:
aJ lands under license or permit, other than for a wayside
pit or quarry, issued in accordance with the Ae:e:repare
Resourr.I"5 Act. or successors thereto;
b) for lands not designated under the .'.20,.oate
Resources Act. established pits and quarries that are
not in contravention of municipal zoning by-laws and
including adjacent land under agreement with Or
owned by the operator, to permit COntinuation of the
operation; and
c) associated facilities used in extraction, transport,
beneficiation, processing or recycling of mineral
aggregate, or the production of secondary related
products.
Mineral mining operation:
means mining operations and associated facilities. or, past
producing mines with remaining mineral development
potential that have not been pennanently rehabilitated to
another USe.
Minerals:
means metallic minerals and non. metallic minerals as herein
defined, but does not include mineral aggregates Or petroleum
resources.
MelalJic minerals means those minerals from which metals
(e.g. copper, nickel, gold) are derived.
Non.metallic minerals means those minerals that are of value
for intrinsic properties of the minerals themselves and not as
a source of metal. They are generally synonymous with
industrial minerals (e.g. asbestos, graphite, kyanite, mica,
nepheline Syenite, sait, talc, and wOllastonite).
Minimum distance separation fonnuIae:
means formulae developed by lbe Province to separate USes
so as to reduce incompatibility Concerns about odour from
livestock facilities.
Multi-modal transportation system:
means a transportation system which may include several
forms of teansporration such as automobiles, walking, truck,
cyding, bus, rapid transit and rail.
Natural heritage features and areas:
means features and areas, such as signifiamt wetlands, fish
habitat, significant woodlands south and east of the Canadian
Shield, significant valleylands south and east of the Canadian
Shield, significant porrions of the habitat of endangered and
threatened species, significant wildlife habitat, and significant
areas of natural and scientific interest, which are important
for their environmental and social values as a legacy of the
natural landscapes of an area.
Negative impacts:
means:
a) in regard to fish habitat, the harmful alteration,
disruption Or destruction of fish habitat, exclpt wheee
it has been authorized u~er the Fisheries Act; using
the guiding principle of no net Joss of productive
capacity.
b) in regard to othee natural heritage features and areas,
the loss of the natural features Or ecolOgical functions
for which an area is identified.
One hundred year flood (for river and stream systems):
means that flood, based On an analysis of precipitation. Snow
melt, or a combination thereof, having a eeturn period of 100
years on average. or having a 1 % chance of Occurring or
being exceeded in any given year.
One hundred year flood level:
means:
for the shorelines of the Great Lakes, the peak
instantaneous stillwater level. resulting from
combinations of mean monthly lake levels and wind
setups, which has a I % chance of being equalled or
exceeded in any given year.
in the connecting channels (St. Mary's. St. Clair,
DetrOit. Niagara and St. Lawrence Rivers), the peak
instantaneous stillwater level which has a I % chance of
being equalled Or exceeded in any given year.
for large inland lakes, lake levels and wind setups that
have a 1 % chance of being equal1ed or exceeded in any
given year, except that, where sufficient water level
records do not exist, the One hundred year flood level
is based On the highest known water level and wind
setups.
Other water-related hazards:
means water. associated phenomena other than flOoding and
wave uprush which act On shorelines. This includes. but is
not limited to ice. ice piling and ice jamming.
Petroleum resource Operations:
means oil, gas and brine weIls, and associated facilities, oil
field brine disposal wells and associated facilities, and
faciIities for the underground storage of natural gas and
other hydrocarbons.
Petroleum reSOurces:
means oil, gas, and brine resources which have been
identified through exploeation and verified by preliminary
drilling or other forms of investigation. This may include
sites of former Operations where eesoueces are still pre,ent oe
former sites that may be conVerted to underground storage
for natural gas or other hydrocarbons.
697
42
PROVINCIAL POLICY STATEMENT
........................ .............................................................
Portable asphalt plant:
means a facility:
a) with equipment designed to heat and dry aggregate
and to mix aggregate with bituminous asphalt to
produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the
process;
b) which is not of permanent construction, but which is
to be dismantled at the completion of the construction
project.
Prime agricultural area:
means an area where prime agricultural land predominates.
Prime agricultural areas may also be identified through an
alternative agricultural land evaluation SJ'1item approved by
the Province.
Prime agricu1turalland:
means land that includes specialty crop lands and/or Canada
Land Inventory Classes 1,2, and 3 soils, in this order of
priority for protection.
Public service facilities:
means land, buildings and structures for the provision of
public services, but does not include infrastructure.
Public services:
means programs and services provided or subsidized by a
government or other public body. Examples include social
assistance. recreation. police and fire protection, health and
educational programs, and cultural services.
Quality and quantity (of water):
is measured by indicators such as minimum base flow,
oxygen levels, suspended solids. temperature, bacteria,
nutrients, hazardous contaminants. and hydrologic regime.
Reserve water and sewage plant capacity:
means design capacity in a centralized water and waste water
treatment facility which is not yet committed to existing or
approved development.
Residence surplus to a farming operation:
means one of two or more existing farm residences built
prior to 1978 and surplus to the farm. or an existing farm
residence that is rendered surplus as a result offarm
consolidation (farm consolidation means the acquisition of
additional farm parcels to be operated as one farm
operation).
Residential infilling:
means the creation of a residentiallo[ between two existing
non.farm residences which are on separated lots of a similar
size and which are situated on the same side of a road and are
not more than J 00 metres apart.
Residential intensification:
means the creation of new residential units or
accommodation in existing buildings or on previously
developed, serviced land and includes infill, accessory
apartments and rooming houses.
River and stream systems: ~
means all watercourses, rivers, streams, and small inland
lakes or waterbodies that have a measurable or predictable
response to a single runoff event.
Rural areas:
means lands in the rural area which are not prime agricultural
areas.
Secondary uses:
means uses secondary to th.e principal use of the property,
including home occupations. home industries, and uses that
produce value-added agricultural products from the farm
operation on the property.
Sensitive land uses:
means buildingsl amenity areas, or outdoor spaces where
routine or normal activities occurring at reasonably expected
times would experience one or more adverse effects from
.contaminant discharges generated by a nearby major facility.
Sensitive land uses may be a part of the natural or built
environment. Examples include: residences, day care centres,
and educational and health facilities.
Sewage and water systems:
Full municipal sewage and water services:
means piped sewage and water services that are connected
to a centralized water and waste water treatment facility.
Communal services:
means sewage works and sewage systems, and water works
that provide for the distribution) collection or treatment
of sewage or water but which:
are not connectc<no full municipal sewage and water
services;
arc for the common use of more than five residential
units/lots; and
are owned, operated, and managed by:
the municipality; or
another public body; or
a condominium corporation or single owner which
has entered into an agreement with the
municipality or public bedy, pursuant to Section 51
of the Planning Act, providing for municipal/public
body assumption of the communal services in the
event of default by the owner.
Individual on-site systems:
means individual autonomous water supply and sewage
disposal systems, that are owned, operated and managed
by the Owner of the property upon which the system is
located and which do not serve more than five residential
unitsllots.
41
698
PROVINOAl POliCY STATEMENT
....................................................................................
Partial services:
means connection to One communal urvice or full
municipal servia where the other connection will be to an
individual on-site system.
Significant:
means:
in regard to Werlands and area, of natural and scientific
interes~ an area identified as ProvinciaJ1y significant by
the Ministry of Natural Resources using evaluation
procedu<<s established by the province, as amended
from time to tinie.
in regard to other features and areas in policy 2.3,
ecologically important in terms of features, functions,
representation or amount, and contributing to the
quality and diversity of an identifiable geographic area
or natural heritage system. Criteria for determining
significance may be recommended by the Province.
but municipal approaches that achieve the same
objective may also be used.
in regard to Other matters, important in terms of
amount, content. representation or effect.
Significant archaeological resources:
means the remains of any building, struaure, activity, place
or cultural feature, which because of the passage of time is
on Or below the surface of the land or water, and which has
been identified and evaluated and determined to besigni/icant
to the understanding of the history of a people oiplace. The
identification and evaluation of this resOurce is based upon
an archaeological assessment.
Site alteration:
means activities, such as fill, grading and acavation, that
would change the landform and natural vegetative
characteristics of a site.
Special policy area:
means an area within a community that has historically
existed in the flood plain and where site specific policies,
approved by the Ministers of Natural Resources and
Municipal Affairs and Housing, are intended'to address the
significant social and economic hardships to the community
that would result from strict adherence to provincial policies
concerning development.
Specialty ceop land:
means areas where specialty crops such as tender fruits
(peaches, cherries, plums), grapes, other fruit crops,
vegetable crops, greenhouse crops, and crops from
agriculturally developed organic soil land, are
predominantly grown, usually <<suiting from:
soils that have suitability to produce specialty crops, or
lands that are subject to special climatic conditions, or
a combination of both; and/or
a combination of farmers skilled in the production of
specialty crops, and of capital investment in related
facilities and services to produce, store, or process
specialty crops.
Threatened species: ~
means any native species that is ~ risk of be coming
endangered through all or a portion ofits Ontario range if
the limiting factors are not reversed.
Valleylands:
means a natural area that OCcurs in a valley or other
landform depression that has water flowing through Or
standing for some period of the year.
Waste management system: 1
means Sites and facilities to accommodate solid waste from
One or more municipalities and includes landfUI sites,
recycling facilities. transfer stations, processing sites and
hazardous waste depots.
Wave uprush:
means the rush of water up Onto a shoreline or structure
following the breaking of a wave; the limit of wave uprush is
the point of furthest landward rush of water onto the shoreline.
Wayside pits and quarries:
means a temporary pit or quarry opened and used by or for a
public authority soldy for the purpose of a particular project
or contract of road construction and not located on the road
right of way.
Wetlands:
means lands that are seasonally Or permanently covered by
shallow water, as well as lands where the Water table is close
to Or at the surface. In either case the presence of abundant
water has caused the formation of hydric soils and has
favoured the dominance of either hydrophyric plants or water
tolerant plants. The four major types of wetlands are
swamps, marshes, bogs and fens. .
Periodically soaked or Wet lands being used for agricultural
purposes which no longer exhibit wetland characteristics are
not considered to be wetlands for the purposes of this
definition.
Wildlife habitat:
means areas where plants, animals and other organisms live,
and find adequate amounts of food, Water, shelter and space
needed to Sustain their populations. Spe,ific wildlife habitats
of concern may include areas where species concencrate at a
vulnerable point in their annuaj or life cycle; and areas which
I
! are important to migratory or non-migratory species.
I
I
I
I
Woodlands:
means treed areas thar provide environmental and economic
benefits such as erosion prevention, water retention,
provision of habitat, recreation and the sustainable harvest of
woodland products. Woodlands include treed areas, woodlots
Or forested areas and v?ry in [heir level of significance.
44
699
ATTACHMENT 2
Resolution of Durham Reaion Plannina Committee Meetina - October 9, 2001
MOVED by Councillor Schell,
(161) "THAT we recommend to Council:
a) THAT Regional Council endorse Commissioner's Report No.
2001-P-84 as Durham Region's submission to the Province of
Ontario on the PPS review;
b ) THAT the Minister of Municipal Affairs and Housing be
requested to provide all interested stakeholders the
opportunity for comment on any proposed revisions to the
Provincial Policy Statement; and
c) THAT a copy of Commissioner's Report No. 2001-P-84 be
forwarded to the Minister of Municipal Affairs and Housing, the
local municipalities, school boards, conservation authorities
and Land Division Committee."
CARRIED AS AMENDED
(See Following Motion)
MOVED by Councillor Diamond,
(162) "THAT we recommend to Council:
d) THAT Communal Services not be considered as a means of
Smart Growth in rural areas; that transportation systems be
planned to emphasis goods movement and transit; that overall
planning be based on watersheds; and, that agricultural
activities be balanced in the context of the environment.
CARRIED
Further discussion ensued on this matter.
699~1
The foregoing motion (161) of Councillor Schell was then put to a
vote and CARRIED AS AMENDED.
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