Report to: Development Services Committee Report Date: October 1, 2007

SUBJECT: Directed Growth Strategy and Official Plan Review – Legislative Requirements

Legal File No. 07 0411 LG 0057

PREPARED BY: Catherine M. Conrad, Town Solictor, ext. 4737

RECOMMENDATION:

That the report entitled “Directed Growth Strategy and Official Plan Review- Legislative Requirements” be received.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To report on the mandatory requirements of recent legislation affecting planning and growth management and their implementing Plans and, specifically, on their provisions with respect to timetables for the implementation requirements described in the legislation.

BACKGROUND:

Because of the significant amount of new legislation that the Province has introduced since 2005, the Town Solicitor was requested by the Development Services Committee to review the statutory provisions which require the Town to carry out an Official Plan review in order to achieve conformity with provincial and Regional policy in regards to growth management and provide the timetable by which these exercises must be carried out.

OPTIONS/ DISCUSSION:

The following Acts and amendments to existing Acts have been examined: (1) Places to Grow Act and Growth Plan for the Greater Golden Horseshoe; (2)Greenbelt Act, 2005 and Greenbelt Plan 2005; (3)Provincial Policy Statement, 2005; (4) the Planning Act as amended by Bill 51, and; (5) Region of York Official Plan.

PLACES TO GROW ACT AND GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE

The Act specifically requires a municipality to amend its Official Plan to conform with the Growth Plan by the third anniversary on which the growth plan comes into effect, and that date is June 16, 2009. (Section12)

Section 12(3) provides that if the Minister of Public Infrastructure Renewal directs a council to make the amendments required by subsection (1) on or before a different date, the council shall do so.

Section 13(1) provides for the Minister to specify a date by which a municipality will submit a proposal for the resolution of any non-conformity with the Growth Plan.

Finally, and most importantly, section 13(2) allows the Minister, jointly with the Minister of Municipal Affairs and Housing, by order, to amend the official plan to resolve any non-conformity if (a) the council fails to submit proposals to resolve the non-conformity within the specified time; or (b) proposals are submitted but, after consultation with the Minister, the non-conformity cannot be resolved.

The Growth Plan provides that the Region of York will set the quantum of growth for each of its local municipalities in the Region’s Official Plan and, as previously discussed by staff in its presentation to the Development Services Committee on November 21, 2006 and January 23, 2007, the Region is responsible for the allocation of growth through the population and employment projections that will be incorporated into its Official Plan.

GREENBELT ACT, 2005 AND GREENBELT PLAN, 2005

The Greenbelt Act, 2005 provides in Section 9(1) that a council of a municipality located within any of the areas designated as Protected Countryside in the Greenbelt Plan (including Markham) shall amend its Official Plan to conform with The Greenbelt Plan no later than the date council is required by section 26(1) of the Planning Act to carry out its 5 year review or no later than the day specified by the Minister, if the Minister directs the council to make the amendments on or before a specified date.

By section 7(1), any decision now made by Council under the Planning Act or the Condominium Act must conform with the Greenbelt Plan if the lands for which the decision is being made fall within the Protected Countryside designation of the Greenbelt Plan.

By section 8(1), the Greenbelt Plan prevails in the case of a conflict between the Greenbelt Plan and an Official Plan and a Zoning By-law.

PROVINCIAL POLICY STATEMENT, 2005

The Provincial Policy Statement of 2005 (PPS) sets out guidelines which must be met when Council is carrying out the comprehensive review of its Official Plan. The PPS also sets out the matters of provincial interest with which planning decisions by municipal counsels must be consistent, including decisions resulting from the 5 year comprehensive review of the Official Pan required by section 26 of the Planning Act. No date has been established by Act or Regulation by which municipal Official Plans or Zoning By-laws shall be brought into conformity with the new PPS.

PLANNING ACT

As set out above, section 26 of the Planning Act requires each municipality to carry out a review of its Official Plan every five years. Every Official Plan Amendment adopted by Council henceforth must conform with the Growth Plan for the Greater Golden Horseshoe and Greenbelt Plan and all Official Plan Amendments and Zoning By-law amendments must be consistent with the Provincial Policy Statements, 2005. This is found in s.3(5) of the Planning Act which reads as follows:

3(5) A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter,

(a) shall be consistent with the policy statements that are issued under subsection (1) that are in effect on the date of the decision; and

(b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

Therefore, even though the 5 year comprehensive review has yet to be undertaken, in any decision made by Council on any application received after January 1, 2007, Council must be satisfied that conformity with the PPS and the Growth Plan and the Greenbelt Plan has been achieved.

REGION OF YORK OFFICIAL PLAN

Section 7.2 of the Region of York’s Official Plan (ROP) states that it is the policy of Council that, in recognition of the statutory requirements of the Planning Act, all area municipal plans be brought into conformity with the ROP within a reasonable timeframe.

Section 27(1) of the Planning Act requires a lower-tier municipality to amend every official plan and every zoning by-law to conform with a plan that comes into effect as the official plan of the upper-tier municipality and by Section 27(2), the lower-tier municipality has one year to complete this exercise from the date the ROP comes into effect, otherwise, the council of the upper-tier municipality may make the amendments.

When the Region amends the ROP to comply with the various pieces of legislation outlined above, Markham will have one year to bring its official plan and zoning by-laws into conformity with the ROP.

CONCLUSION

The proposal to prepare a Directed Growth Strategy and new Official Plan, as outlined in the Planning Department’s report on its Directed Growth Strategy and new Official Plan review, provides Council with the appropriate means to investigate and ultimately achieve conformity with each of the pieces of legislation outlined above within the various timeframes required by the legislation.

FINACIAL TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The Development Services Commission has been consulted in the preparation of this report.

RECOMMENDED

BY: ________________________ ________________________

Catherine M. Conrad John Livey

Town Solicitor CAO