Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-23-000057
DECISION ISSUE DATE(S):
November 28, 2023
CORRECTION NOTICE ISSUE DATE:
March 12, 2024
RE: Building Industry and Land Development Association v. Oakville (Town)
Correction to: correcting the Paragraph [9] of page 4
Originally:
Corrected to:
9Mr. Charles stated in his sworn Affidavit that the modifications proposed for both OPAs 53/329 are identical in text and substance. The modifications ensure that the public is informed prior to the submission of a development application, by making Public Information Meetings (“PIM”) mandatory.
9Mr. Charles stated in his sworn Affidavit that the modifications proposed for both OPAs 53/329 are identical in text and substance. The modifications ensure that the public be informed prior to the submission of a development application, by directing that Public Information Meetings (“PIM”) should be hosted by the applicant.
“Euken Lui”
EUKEN LUI
REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 28, 2023
CASE NO(S).:
OLT-23-000057
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant
Building Industry and Land Development Association
Subject:
Proposed Official Plan Amendment
Description:
Updated policies in response to Bill 109 for application processes and pre-consultation processes
Reference Number:
OPA 53
Property Address:
Town wide
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-23-000057
OLT Lead Case No:
OLT-23-000057
OLT Case Name:
Building Industry and Land Development Association v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant
Building Industry and Land Development Association
Subject:
Proposed Official Plan Amendment
Description:
Updated policies in response to Bill 109 for application processes and pre-consultation processes
Reference Number:
OPA 53
Property Address:
Town wide
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-23-000058
OLT Lead Case No:
OLT-23-000057
Heard:
September 25, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Agent*
Building Industry and Land Development Association (“BILD”)
Adrianna Pilkington
Signe Leisk (in absentia)
Town of Oakville (“Town”)
Nadia Chandra
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis and d. Chipman on september 25, 2023 AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1The Tribunal had originally scheduled a Case Management Conference (“CMC”) for the appeals by the BILD concerning the Town adoption of Official Plan Amendment No. 53 (“OPA 53”) and Official Plan Amendment No. 329 (“OPA 329”) as the town-initiated response to the provisions instituted by Province of Ontario’s passing of Bill 109 - More Homes for Everyone Act, 2022 (“Bill 109”).
2The Parties informed the Tribunal that they had recently reached a settlement on the wording to be applied to the requested Official Plan Amendments (“OPA”). As a result, the Parties requested time to provide the necessary documents for the Tribunal’s consideration and requested that the Tribunal proceed with providing a written decision based on the sworn planning evidence of Gabriel Charles, Director of Planning Services.
3In accordance with Rule 21.1 of the Tribunal’s Rules of Practice and Procedure:
The Tribunal may conduct the whole or any part of a hearing event in writing unless a party satisfies the Tribunal that there is good reason for not doing so. Notice of a written hearing will be sent only to the known parties.
4The Tribunal agreed to provide the Parties with a decision based on its consideration of the proposed planning instruments and the written sworn opinion evidence of Mr. Charles in support of the settlement which is contained hereto.
5The Tribunal is in receipt of the Affidavit of Service of the Notice of the CMC as Exhibit 1.
SETTLEMENT
6The Tribunal received the following documents in support of the settlement and submitted them as exhibits:
Exhibit 2: Affidavit of Gabriel Charles
Exhibit 3: Official Plan Amendment 53 (Schedule 1)
Exhibit 4: Official Plan Amendment 329 (Schedule 2)
7On behalf of the Parties, the Town presented the written affidavit of Mr. Charles, Director of Planning Services for the Town of Oakville, to give expert opinion evidence in the area of land use planning in support of OPA 53 and OPA 329 (“OPAs 53/329”).
PLANNING EVIDENCE
8The Town of Oakville has two official plans in effect, the Livable Oakville Plan (“LOP”) and the 1984 Oakville Official Plan (“1984 OOP”). OPA 53 to the LOP and OPA 329 to the 1984 OOP, are intended to address changes made to the Act, resulting from the passing of Bill 109.
9Mr. Charles stated in his sworn Affidavit that the modifications proposed for both OPAs 53/329 are identical in text and substance. The modifications ensure that the public be informed prior to the submission of a development application, by directing that Public Information Meetings (“PIM”) should be hosted by the applicant.
10The proposed modified OPAs 53/329 indicate that the PIM ‘should’ be hosted by the applicant to inform the public of the proposed application, unless otherwise agreed as part of the pre-consultation process, prior to submission. It was his opinion that this modification clarifies that the policy is a directive and requires compliance unless proven otherwise on good planning grounds. Presently, he explained it is only the Town's practice to request an applicant to host a PIM in advance of the Zoning By-law Amendment (“ZBA”), OPA or draft plan of subdivision applications. The intent of the OPAs was to formalize the current practice.
11The Town’s Official Plan (Policy 29.1.9) provides the following: The modal verbs “may”, “should” and “shall” are used throughout this Plan in the following context:
a. “may” means that the policy is permissive;
b. “should” means that the policy is directive and requires compliance unless proven otherwise on good planning grounds; and,
c. “shall” means that the policy is mandatory.
12The Planning Act (s. 17(19.3)) and other similar subsections authorize 'alternative measures' for 'informing and obtaining the views of the public' in respect of Official Plan and Zoning Amendments. OPAs 53/329 require a developer to host a PIM to engage the public early in the process and allow the applicant to address issues in advance of a formal submission.
13Mr. Charles affidavit included the municipality’s planning staff recommendation of the OPAs 53/329 in a report to Council dated November 22, 2022, which provided further planning evidence to support the intent of the OPAs.
CONCLUSION
14Having reviewed the uncontested sworn evidence, the Tribunal is satisfied that the proposed modification to OPAs 53/329 will result in good planning, and are in the public interest, as the intent of the OPAs is to formalize a process that may allow for greater public input into a development planning application process than what is legislatively required.
15OPAs 53/329 are consistent with and conform to matters of provincial interest and the Official Plan policies.
16This matter having come before the Tribunal as a settlement of consent between the parties and upon reviewing the minutes of settlement between the Parties, provided on consent, the Tribunal allows the appeals in part.
ORDER
17THE TRIBUNAL ORDERS that the appeal is allowed and the Livable Oakville Plan for the Town of Oakville, is amended, in accordance with Official Plan Amendment 53, as set out in Attachment 1 to this Order; and that the 1984 Oakville Official Plan in the Town of Oakville, is amended, in accordance with Official Plan Amendment 329, as set out in Attachment 2 to this Order.
“J. Innis”
J. INNIS
MEMBER
“D. Chipman”
D. CHIPMAN
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.