As part of the Ontario Standing Committee on Finance and Economic Affairs’ consideration of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, OFA provided recommendations on four of the twelve schedules:
Schedule 6 (Development Charges Act):
- OFA supports:
- the repeal of the mandatory five-year phase in for development charge rates;
- reinstating background studies as an eligible capital cost for development charges; and
- the proposals to streamline the process for extending development charge by-laws.
- OFA recommends amending the Development Charges Act to provide a statutory exemption for farm buildings from development charges.
Schedule 8 (Line Fences Act):
- OFA supports OMAFRA’s proposed wording in the Line Fences Act to improve readability and understanding.
- OFA recommends further amendments to:
- enable farmers, who are subject to a municipal fencing bylaw, the ability to use the dispute resolution provisions contained in the Line Fences Actshould the need arise; and
- state whether the Line Fences Act applies or does not apply to boundary fencing between a farm property and an active railway property. We further encourage the government to make fencing the boundary line the sole responsibility of the railway.
Schedule 9 (Municipal Act, 2001):
- OFA recommends:
- the Minister exercise rigorous selection in authorizing tax incentives to ensure that they are genuinely effective, equitable and have minimal impact on the existing tax base; and
- broadening the scope of the amendments to include provisions for supporting existing businesses critical to Ontario’s agri-food sector, such as local abattoirs.
Schedule 12 (Planning Act):
- OFA supports:
- enhancing the Minister’s regulation-making authority to remove zoning barriers to building small multi-unit residential;
- the removal of the Community Infrastructure and Housing Accelerator (CIHA) tool;
- implementing a revised and transparent process for requesting and issuing Minister’s Zoning Orders; and
- enhancing the lapsing authority for approvals.
- OFA does not support:
- limiting who may appeal as a third-party to the Ontario Land Tribunal (OLT); and
- outright exempting of community service facilities from the Planning Actprovisions or regulations made under section 70.2, but OFA supports a streamlined approvals process for community service facility projects as long as projects are subject to responsible land use planning and any impacts on prime agricultural areas are assessed and mitigated.
- OFA recommends:
- enabling any affected party the right to appeal a decision to the OLT;
- limiting the grounds for appeal to the OLT to disputes related to a municipal decision that allegedly goes beyond the municipality’s authority; fails to follow due process; fails to adhere to all salient provincial legislation, policy statements and guidance documents; and/or fails to adhere to the municipalities own official plan, by-laws, etc.;
- reconsideration of the government’s earlier decision to remove upper-tier planning responsibilities from some municipalities; and
- further amendments to the Planning Act to eliminate the automatic merging of property titles.
OFA appreciates the opportunity to provide our feedback and agricultural perspectives on the proposed amendments to the Planning Act and other Acts as outlined in Bill 185. We look forward to working with the provincial government and our municipal counterparts to protect Ontario’s farmlands as well as sustain Ontario’s housing supply and communities.
Previous related OFA submissions:
May 11, 2023 – OFA submission to the Standing Committee regarding proposed Planning Act changes as specified in schedule 6 of Bill 97
May 5, 2023 – OFA submission regarding proposed Planning Act changes as specified in schedule 6 of Bill 97 (ERO 019-6821)
November 17, 2022 – OFA submission to the Ontario Ministry of Municipal Affairs and Housing regarding proposed changes to the Planning Act and Development Charges Act, 1997 (ERO 019-6172)
November 17, 2022 – OFA submission to the Ontario Ministry of the Attorney General regarding proposed amendments to the Ontario Land Tribunal Act (ORR 22-MAG011)
November 17, 2022 – OFA submission to Ontario’s Standing Committee regarding Bill 23, More Homes Built Faster Act, 2022
April 29, 2022 – OFA submission to the Ministry of Municipal Affairs and Housing regarding community infrastructure and housing accelerator (ERO 019-5285)
April 29, 2022 – OFA submission to the Ministry of Municipal Affairs and Housing regarding the proposed Planning Act changes (ERO 019-5284)
April 19, 2022 – OFA submission to the Ministry of Municipal Affairs and Housing regarding proposed Development Charges Act changes (ORR 22-MMAH007)
August 12, 2021 – OFA submission to the Ministry of Municipal Affairs and Housing regarding proposed amendments to regulations under the Planning Act (ERO 019-3958)
July 13, 2021 – OFA letter to the Minister of Municipal Affairs and Housing regarding land division provisions in the Planning Act (ERO 019-3495)
March 24, 2021 – OFA submission regarding proposed changes to Minister’s Zoning Orders and the Planning Act (ERO 019-3233)