Overview of Bill 139 - Changes to OMB and Conservation Authorities Act

1. Overview of Bill 139, Building
Better Communities and
Conserving Water Act, 2017
Arvin Prasad
Director, Integrated Planning Division
July 6, 2017

2. Outline
• Bill 139, Building Better Communities and
Conserving Watersheds Act, 2017, proposed
changes to:
– Ontario Municipal Board (OMB)
– Conservation Authorities Act
– Planning Act
• Summary of Key Considerations for Province
• Conclusion and Next Steps

3. Proposed Changes to Ontario Municipal
Board (OMB)
Giving Communities a Stronger
Voice
- Replace OMB with new Local Planning
Appeal Tribunal (LPAT)
- Eliminate “de novo” hearings
- LPAT to return appealed decisions back
to municipality to render a new decision
within 90 days.
Faster, Fairer and More
Affordable Planning Appeals
-LPAT to undertake hearings with
strict timelines and use of written
evidence.
Free Legal and
Planning Support
- Create a local planning
appeal support centre
Sheltering Major Planning
Decisions from Appeals
- Provincial approvals of official
plans and official plan updates
cannot be appealed

4. Proposed Changes to Conservation
Authorities Act
Increase term of
appointment for
members to 4 years
(instead of 3)
Provide legislative
support for CAs and
municipalities to
enter into MOU
Clearer regulation-
making powers to
Lieutenant Governor
and Minister
Increased penalties
for breaches under
CA Act

5. Proposed Changes to Planning Act
Official Plans shall
contain policies to
mitigate and adapt to
climate change
Official Plans may
contain policies to
identify and protect
Major Transit Station
Areas

6. Summary of Key Considerations for
Province
Assessment of Proposed Changes to OMB
• Staff support proposed reform to land use planning
appeals process
• Address transitional issues, including active OMB
appeals
• Need clarity on operational implications of:
– removal of de novo hearings,
– No new evidence to Tribunal during hearing
– Appeals referred by Tribunal back to Council to render a
new decision
• Municipalities should have ability to appeal OPAs

7. Summary of Key Considerations for
Province
Assessment of Proposed Changes to OMB
• Local Planning Appeal Support Centre an
important mechanism to educate and involve
community
• Province to adequately resource Tribunal and
Local Planning Appeal Support Centre
• Changes set positive direction in addressing
climate change and support transit service co-
ordination with land use
• Greater harmonization required between
language of Growth Plan and Bill 139

8. Summary of Key Considerations for
Province
Assessment of Proposed Changes to Conservation
Authorities Act
• Legislation does not propose alternative funding
mechanisms apart from that which is currently
obtained primarily through municipalities.
• Due to limited timeline provided by Province on
changes to CA Act, Regional staff will report back
to Regional Council for endorsement with
detailed comments at future date.

9. Conclusion and Next Steps
• Proposed changes in Bill 139 generally
consistent with Regional advice provided to
Province
• Once Council endorses comments outlined in
staff report, Regional staff to provide
comments to Province on proposed changes
to Bill 139 and report back to Regional Council
on outcomes of Bill 139 at a future date.