1. O.M.B. Consultations MPP Glen Murray March 15th, 2017
Toronto-Centre

2. Welcome!
Our office has heard from many resident associations across Toronto Centre regarding the current OMB review. We would like to build upon the consultations our office held in 2013/2014 and create a revised document to submit to the review process. We have compiled a general list of recommendations from the BCCA, BENA, CWNA, S.R.A. and F.O.N.T.R.A. to build upon our previous consultations. We are here tonight to seek a consensus of these amendments from the Toronto Centre community and to go forward with a revised document.
Thank you for coming!

3. Themes #1
There should be greater clarity in the rules for how development approvals are presented and negotiated at the municipal level.

4. Recommendations
A) If the Section 37 ( Planning Act) Bonus Density system remains in Ontario, it should be replaced with a fixed formula which will prescribe how much must be paid in exchange for greater density. For example, if X numbers of additional floors are added to a building, Y must be contributed to a community benefit project.
B) Figures from all Section 37 and Section 42 funds collected should be made publicly accessible in a centralized location and balances of these funds should be included in public municipal budget statements.

5. Clarification
Section 37…
Section 42…
Allows for projects to operate outside of zoning regulations in exchange for cash or benefits that go towards the community.
Builders must provide a percentage of park space in any new development, which is sometimes not possible. As an alternative, a cash payment may be made to construct a park in an offsite area.

6. Recommendations
C)Figures from all Section 37 and Section 42 funds should be made publically accessible in a centralized location and balances of these funds should be included in public municipal budget statements.
D) Section 37 Benefits should be outside the scope of an OMB appeal. (B.C.C.A., B.E.N.A., C.W.N.A.)

7. Themes #2
The O.M.B. should act like a generic appeals body, and uphold the autonomy of the City of Toronto and the Official Plan.

8. Recommendations
A) The O.M.B. should not hear de novo cases. The O.M.B. should operate like a genuine appeals body that establishes precedents. The O.M.B. should function like an appellate court, reviewing the process followed by a municipal council rather than second-guess its decision. (F.O.N.T.R.A., B.C.C.A, B.E.N.A., C.W.N.A.)
B) Expand the eligible appeals under Section 115 of the City of Toronto Act to allow for Official Plan and rezoning application appeals to be heard at a Special Appeals Body operated by the City of Toronto.

9. Recommendations
C)Allow the City of Toronto to charge application fees to a Special Appeals body to finance the operation of a Special Appeals Body.
D)Allow the City of Toronto to create area specific special Appeals Bodies which would allow for each to deal with a geographic area of the city. (F.O.N.T.R.A)

10. Recommendations
E) Provincial legislation should allow for municipalities to borrow from Land Use Planning appeals systems such as those in operation in Winnipeg and Vancouver.
F)There should be requirements that prescribe who is eligible to fill specific roles on planning appeal boards at both the Provincial and Municipal level. For example, a certain number of panel members should be filled by planning experts. (F.O.N.T.R.A.)

11. Recommendations
G) Appeals of general By-laws such as Secondary Plans and Heritage Conservation Districts must be heard before site specific appeals and if required, built into legislation. (B.C.C.A., B.E.N.A., C.W.N.A.)
H) The time line for the City to complete a review of an Application should be increased to more accurately reflect the time required (in Toronto it’s two years for a complex application). (B.C.C.A., B.E.N.A., C.W.N.A.)

12. Themes #3
Provincial statutes which dictate the requirements for how municipalities conduct Land Use Planning in Ontario should be strengthened.

13. Recommendations
A)The term “Minor” should be defined under Section 45 of the Planning Act to provide greater clarity to the decision making process.
B)Require that Secondary Plans be in place for neighbourhoods in transition to preserve the existing quality of life for residents and businesses alike. Included in Secondary Plans should be area specific building set-backs, built form guidelines and building mass requirements.

14. Recommendations
C)Provincial policy should dictate that there should be strict guidelines within Municipal Planning documents for the provision of complete streets and neighbourhoods. These policies should also ensure that coordination of construction schedules should occur, such as coordinated utility work to avoid neighbourhood disruption and to allow for common space between buildings to be connected in some sort of precinct plan for each community.
D)If benchmarks have already been met , developers should not be permitted to advance intensification arguments for proposals for developments in Toronto or any other area that has met their target benchmarks. .

15. Recommendations
E)Provincial Policy should mandate that every municipality in Ontario have a parks and green space standard.
F) Limit the number of appeals which can be made to an Official Plan within a given time period.

16. Themes #4
There should be more resources provided to individuals and groups to participate in the planning process.

17. Recommendations
A) Create a Land Use Planning support centre in Ontario to provide general information to Ontario residents on how they can participate in the Planning process and what requirements there are on both parties when conflicts arise.
B)Remove conditions which may require those bringing a case before an O.M.B. or special appeals body to be charged with costs to the defending party. This could be done as a blanket provision or provide special status for certain groups to remove the possibility of financial liability for losing a case.

18. Recommendations
C)Allow for greater flexibility in how evidence can be submitted to an O.M.B. or special Appeals Body hearing. By doing so, more individuals can participate as it would not be necessary to be physically present or take a day off work to provide input into a case.
D)Access to publically-funded legal planning resources should be made available to Parties and Participants on a limited basis. (F.O.N.T.R.A)

19. Recommendations
E)Board hearings should be changed to ensure that public participation is meaningful and effective. Making resident’s participation effective will require a change in their status before the board. (F.O.N.T.R.A)
F)Mediation processes should be available strictly on a voluntary basis where all stakeholders agree. Mediation should not be viewed as a substitute for changing the role and purpose of the O.M.B. (F.O.N.T.R.A.)

20. Questions and Discussion

21. Thank You! For this slide show , our previous documents and future updates go to: Torontocentreplan.org Office of Glen Murray, MPP Toronto Centre 120 Carlton, Unit 318 Toronto, ON M5A 4K2 T: E: