OMB reform praised as ‘bold’ boon to local democracy
Minister of Municipal Affairs Bill Mauro said the reforms mean an end to the "status quo" planning dispute resolution process that has frustrated communities and city planners for decades.

thestar.com
By JENNIFER PAGLIARO
May 16, 2017

Toronto’s chief planner, local councillors and residents groups are praising the province’s “bold” move to significantly reform the Ontario Municipal Board, returning the responsibility of planning to cities.

Those opposed to limiting the power of the provincial quasi-judicial body, which has for decades favoured developers, has so far been developers.

“I think they perhaps, fair to say, might have preferred status quo,” said Minister of Municipal Affairs Bill Mauro of that industry at a press conference Tuesday morning. “We don’t agree.”

That marked a significant shift after decades of complaints that the unelected body, to be called the Local Planning Appeals Tribunal, was unaccountable to the communities it is effectively planning and that the Liberal government had done little to rein it in.

The proposed changes - to be tabled at Queen’s Park later this month - followed reforms to fundraising rules earlier this year that no longer allow provincial parties to take money from development or other industry groups.

If approved, it would see a remade tribunal that would only be able to overturn council decisions if they do not conform to city plans or are inconsistent with provincial policies.

It would also prevent appeals for two years on things like neighbourhood-specific policies that often take years of consultation to finalize.

“We’re balancing all the interests and the way we’re doing it is by creating more predictability around both our planning documents and planning decisions,” said Attorney General Yasir Naqvi, whose office oversees the OMB. “For developers, that is good news because they now have to spend less time disputing these matters at lengthy hearings that takes a long time at the OMB, as opposed to doing what they do best (which) is build homes and build neighbourhoods”

The city’s chief planner Jennifer Keesmaat said the changes will return the responsibility for planning to cities.

“As always, the devil is in the details,” Keesmaat told the Star. “But the big moves that have been announced today, including changing the function of the board - as opposed to be a planning body, simply being an appeals body - is really important for local democracy.”

Leaders at major associations representing developers and the industry, including the Building Industry and Land Development Association and the Ontario Real Estate Association, could not be reached for comment.

The Ontario Home Builders’ Association issued a statement saying they are “very concerned” about the proposed reforms, saying it would “only serve to empower NIMBY councils to make planning decisions to get re-elected.”

“The role of the OMB has always been to take the politics out of local planning and ensure that decisions are made based on evidence, ‘good planning,’ and conformity to provincial policy,” the statement read.

Keesmaat said Toronto has always been “very pro-development,” evidenced by the city being one of the fastest growing regions in North America.

“We already have pro-growth policies in place,” she said. “The problem that we’ve had with the board is it’s often not respected the city’s policy and of course policy is the position of council overall.”

“It becomes a little bit strange to suggest that all of a sudden we’re going to change on a dime.”

Councillors representing densely populated wards in both downtown and midtown praised the provincial push for reforms.

“It has been nearly impossible for cities like Toronto to successfully plan communities that ensure that there is a great quality of life - that there’s school capacity, recreation, affordable childcare, transit, parks, public realm,” Councillor Josh Matlow (Ward 22 St. Paul’s) told reporters after the announcement.

“I hope that they are not only reinventing the wheel, but they’re getting rid of a wheel that’s been broken for far too long and replacing it with something that will actually tip the balance of power towards communities, local planners and ultimately elected officials at the municipal level rather than developers financial interest. That’s the way it’s been for far too long.”

Councillor Joe Cressy (Ward 20 Trinity-Spadina) said the focus should be on building communities not condos.

“I am cautiously optimistic that these proposed reforms will result in better development.”

Speaking to reporters, Mayor John Tory, who has been battling with the province over unrelated funding issues, said the reforms “move us in the direction we want to go which is more local responsibility for local planning decisions,” what he called a “positive step forward.”

Residents groups in the neighbourhoods represented by those councillors said ahead of the wording of the proposed legislation being available, they too are pleased with the direction.

“It all sounds wonderful,” said the Annex Residents’ Association’s David Harrison. “The headlines sound promising. Let’s see what the actual legislation is.”

Andy Gort, president of the South Eglinton Ratepayers’ and Residents’ Association, said the changes are a long time coming.

“I think it’s pretty significant,” he said. “I think the city will kind of regain control over their destiny in terms of making sure that development occurs in a sustainable way.”

Some planners and councillors expressed concern the announcement Tuesday could lead to a rush of appeals with the changes not expected to take effect until 2018.

Details on how appeals would be handled in the meantime are unclear.

“We understand that a reasonable transition period will be necessary,” Mark Cripps, spokesperson for the minister of municipal affairs, responded in an email Tuesday. “We will work with our stakeholders to define the appropriate transition period while we work with them throughout the legislative process and as define regulations and tribunal rules and procedures over the coming months.”