Actions tracking

Consider if buffer zones should be reviewed and amended during the upcoming review of the Ontario Municipal Board

Status: Action tracking

What we heard

Lack of an explicit policy framework and clarity around the OMB’s involvement in the buffer zoning process is preventing municipalities from using this land use planning tool to protect public health and safety. This lack of clarity allows developers to rebuff municipal regulations and the OMB to overturn municipal decisions on appeal.

Our plan

The Building Better Communities and Protecting Watersheds Act, 2017 creates the Local Planning Appeal Tribunal to replace the Ontario Municipal Board. The tribunal has a reduced ability to overturn municipal decisions that adhere to the municipal official plans, provincial plans, and the Provincial Policy Statement. The tribunal could only overturn the matter if the policies or proposed development under dispute did not appropriately implement provincial plans/policies or municipal plans. This gives more weight to the decisions made by the municipal officials elected by the public. Changes came into force on April 3, 2018, and Bill 139, Building Better Communities and Conserving Watersheds Act, 2017 received Royal Assent.

Municipal decisions must be consistent with the Provincial Policy Statement, 2014 (PPS 2014). PPS 2014 strengthened land use compatibility considerations and support for established businesses/industries by clarifying the need to ensure land use compatibility between major facilities (e.g., chemical manufacturing facilities) and proposed sensitive land uses (e.g., residential uses). This change ensures their long-term viability and ability to expand. Further, the Ministry of the Environment and Climate Change’s (MOECC) land use compatibility guidelines provide specific direction on how land use conflicts can be avoided or mitigated.

The PPS is periodically reviewed - the ministry will consider if more detailed policy direction is needed at the time of the next review. PPS 2014 was designed to apply province wide. Municipalities play a key role in implementing the policies locally through their official plans and zoning bylaws which address local matters (e.g., buffer zones).