Proposal to amend the Designation of Area of Development Control regulation (R.R.O. 1990 Regulation 826) under the Niagara Escarpment Planning and Development Act

Background

The Niagara Escarpment Planning and Development Act (NEPDA) aims to maintain the Niagara Escarpment and its surrounding lands as a continuous natural environment and to ensure that only compatible development occurs. The Act established the Niagara Escarpment Plan (NEP) and the Niagara Escarpment Commission (NEC). The NEP provides the policy framework for evaluating development proposals to protect and support the Escarpment’s natural features.

Regulation 826 defines the areas (Area of Development Control) where development permits from the NEC are required unless exempted under Regulation 828 of the NEPDA. Development within the Area of Development Control, unless exempt under Regulation 828, must conform to NEP policies and requires an NEC development permit.

Proposal

Parkway Belt West Plan

The City of Burlington is currently the approval authority for development applications submitted under the Planning Act, in accordance with the policies of the Minister's Zoning Order (MZO). We are proposing consequential amendments to Regulation 826 to add the lands previously covered by the Parkway Belt Plan and corresponding MZO to the Area of Development Control, as a result of Ministry of Municipal Affairs and Housing’s (MMAH) proposal to revoke the Parkway Belt West Plan (PBWP) and its associated MZO in the City of Burlington.

The lands within the existing Burlington MZO are already located within the NEP boundary. The proposed amendments to Regulation 826 would expand the Area of Development Control with the effect that the NEC would replace the City of Burlington as the implementing authority. Future development would be evaluated in accordance with NEP policies, instead of the existing MZO.

If approved, this change would require any development, change of use, or site alteration within the former Burlington MZO area to obtain an NEC development permit, unless they are exempt under Regulation 828.

Adding the lands within the Burlington MZO area to the Area of Development Control would provide greater certainty for landowners and businesses and ensure development is assessed against NEP policies within the existing NEP area. Without this amendment, these lands would lack appropriate land use planning coverage.

Dufferin County

We are also proposing to align the Area of Development Control boundary with the NEP boundary in Dufferin County. Following these changes, development permits from the NEC would only be required within the NEP boundary. Refining the Area of Development Control will provide more clarity for landowners, reduce redundant processes, clarify approval responsibilities for municipalities in the NEP area while maintaining environmental protections on the escarpment.

Additional administrative or minor technical changes to the Regulation 826 may also be made.

These efforts are intended to better serve community needs and create more efficient processes that would provide clarity and time-savings, while ensuring protection policies of the escarpment remain intact. 

Regulatory impact analysis

Parkway Belt West Plan

The anticipated environmental effects of the proposal are expected to be neutral as the NEP policies will not change, with the effect being that the implementing authority for the affected lands will change from the City of Burlington to the NEC. The anticipated social and economic consequences of the proposal will be neutral as it will be only a change to the implementing authority.

Dufferin County

The anticipated environmental effects of the proposal are expected to be neutral as the proposed amendments to the Area of Development Control are not subject to the policies of the NEP. Likewise, the anticipated social and economic consequences of the proposal will be neutral as only the implementing authority will change.

Through this posting, the Ministry is seeking input on anticipated benefits or costs to Ontario businesses to better help the Ministry understand the real costs or cost savings associated with these proposed changes.