HomeMy WebLinkAboutPLN 09-23Report to
Planning & Development Committee
Report Number: PLN 09-23
Date: April 3, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: City Initiated Official Plan Amendment 46
Changes to development review procedures and fees in response to Bill 109, the
More Homes For Everyone Act, 2022
File: OPA 22-003/P
Recommendation:
1.That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering,
to amend existing policies and introduce new policies related to the review of Planning
Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 09-23 be
approved;
2.That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend
existing policies and introduce new policies to the Pickering Official Plan with regard to
the review of Planning Act applications under Bill 109, the More Homes For Everyone
Act, 2022, as set out in Appendix I to Report PLN 09-23, be enacted;
3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report
PLN 09-23, be enacted;
4.That, in response to legislated changes arising from the enactment of Bill 109, the More
Homes For Everyone Act, 2022, the City Development Department – Planning Fees be
approved, effective June 1, 2023;
5.That an amendment to Schedule “I” to By-law 6191/03, the General Municipal Fees and
Charges By-law, as amended, by deleting the pages for City Development Department
–Planning, and substituting the updated pages for City Development Department –
Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix III to
Report PLN 09-23, be approved; and
6.That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and
Charges By-law 6191/03, as set out in Appendix III to Report PLN 09-23, be enacted.
Executive Summary: This Report to Planning & Development Committee replaces
Report to Council PLN 47-22 (see Text of Report PLN 47-22, Attachment #1) in its entirety.
Report PLN 47-22 addressed changes to the development application review process and
changes to the application fees to address Bill 109, the More Homes For Everyone Act, 2022.
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 2
Bill 109 received Royal Assent on April 14, 2022. Among other matters, the Act amended the
Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan
Approval application fees, if no decision is made or no approval is issued within the legislative
timelines. Zoning By-law Amendment Applications are required to have a decision made within
90 days (or 120 days if submitted together with an Official Plan Amendment), and site plan
approval is required within 60 days, or else refunds of application fees are mandated. These
changes came into effect on January 1, 2023, for new applications submitted after that date.
To meet the legislated review timelines, and avoid having to pay refunds (that may put the
corporation at financial risk), staff are proposing several changes to the development review
process:
• no longer permit development applications to be submitted concurrently;
• introduce a new “pre-submission” review stage;
• revise the “complete application” requirements for development applications;
• make hosting an open house a mandatory requirement for submitting a complete
application;
• hold voluntary open houses when deemed appropriate;
• prepare a recommendation report for consideration by the Planning & Development
Committee on the same day as the statutory public meeting;
• to address minor issues that may arise during the formal Zoning By-law Amendment
application stage, which cannot be resolved within the legislated timeframes, staff will
recommend Council “refuse the application without prejudice”; and
• permit reconsideration of Zoning By-law Amendment applications that are refused without
prejudice in select circumstances.
An amendment to the policies in the Pickering Official Plan is proposed to revise the City’s
current pre-consultation requirements and introduce the new “pre-submission” review stage
(see Appendices I and II to Report PLN 09-23). The proposed changes will require early
collaboration between applicants, staff and other stakeholders (including the public) to review
key concerns and issues of the proposal, before the submission of a formal application.
The proposed amendment to the General Municipal Fees and Charges By-law reflects
changes resulting from Bill 109. The amount of money collected for each application will
remain the same. The proposed amendment shifts when fees are paid to more accurately
reflect where in the process the corresponding amount of work is completed (see Appendix III
to Report PLN 09-23).
Financial Implications: If no changes are made to the City’s development review process,
the City is at risk of forfeiting most, or all, of the application fees collected for Zoning By-law
Amendment and Site Plan Approval applications as per Bill 109. The precise amount
associated with these applications will vary each year, based on the number of applications
received. Using the last three years, the average amount of fees that could be at risk is
approximately $1,000,000 per year. As of March 1, 2023, $351,375 in application funds are
currently at risk for refund.
The proposed changes to the Schedule of Fees will be revenue neutral and have no impact on
the draft City budget.
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 3
1. Background
On March 30, 2022, the Province introduced Bill 109, the More Homes for Everyone
Act, 2022. Bill 109 amends various statutes, including the Planning Act, for items
related to housing and development. City staff brought forward Report PLN 22-22 to
the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications
for the City.
One of the changes made by Bill 109 was requiring municipalities to refund site plan
control application fees and zoning by-law amendment application fees, on a
graduated scale, if a decision on an application has not been made within the required
timeframes.
In response to the changes made by Bill 109, City staff presented Report PLN 47-22
on December 5, 2022 (see Text of Report PLN 47-22, Attachment #1). That report
outlined proposed changes to development review procedures to avoid refunding
application fees.
On November 30, 2022, the Minister of Municipal Affairs and Housing, Steve Clark,
sent a letter to the Association of Ontario Municipalities (AMO) stating an intent to
defer the start of application refunds until July 1, 2023. Staff did not become aware of
Minister Clark’s letter until after Report PLN 47-22 was completed, and were therefore
unable to comment on it.
In light of the commitment from Minister Clark to defer the start of application refunds,
Council passed Resolution #07/22, which referred Report PLN 47-22 back to staff to:
a. Review the best practices of other municipalities and ensure adequate public
participation and engagement in the planning process;
b. Review and clarify any potential financial risks to the Corporation as a result of
Bill 109;
c. Ensure that the Report back includes plain language to ensure that the public can
understand the information being presented in the Report; and,
d. Report back no later than the June 26, 2023 Council Meeting.
2. Response to Council concerns
2.1 Clarify any potential financial risks
On December 22, 2022, Minster Clark wrote a letter to the Heads of Council, similar
to the one sent to AMO, committing to introduce legislation to delay the effective date
of refund provisions to July 1, 2023 (see Letter from Minister Clark, dated
December 22, 2022, Attachment #4). At the time of writing this Report, no change had
yet been made to Provincial legislation to extend application refund deadlines. As a
result, the City is currently at risk for refunding fees for rezoning and site plan
applications, received after January 1, 2023, that exceed the decision and approval
timelines in the Planning Act. As of March 1, 2023, $351,375 in application funds are
currently at risk for refund. Using a three-year range, the average amount of fees that
could be at risk is approximately $1,000,000 per year.
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 4
2.2 Research from other municipalities
Staff reviewed the responses to Bill 109 being made by Markham and other Durham
area municipalities to identify other potential options that could be considered. All
municipalities surveyed recognized the challenge of fitting their current review practices
into the new timeframes, and as a result, are revising their procedures to “front-end”
their review of development proposals. This involves undertaking technical review of
the proposals, circulating proposals to commenting agencies, and identifying changes
required to Proponents before the formal application is received.
Figure 1: Proposed Development Review Process
After the complete applications are received (Stage 2), the “application decision clock”
starts. A few of the revisions that other municipalities are making to their processes
within the application decision timeline include:
• Reducing the content of information reports at Statutory Public Meetings;
• Reducing the content of staff presentations at Statutory Public Meetings;
• Approving minor applications on the same night as the Statutory Public Meeting.
Even municipalities that already have a more frequent Committee and Council
schedule than Pickering are exploring ways to modify their current review procedures.
The Public Notice requirements within the Planning Act, and the amount of time
needed to prepare staff reports and public meeting presentations, continue to
constrain municipalities from making or requiring major changes within the application
decision timeframe.
A number of municipalities are still undertaking studies to evaluate further changes
needed to successfully shift their processes to align with recent revisions to the
Planning Act. Since all municipalities are implementing new review procedures in
2023, there is no opportunity yet to compare different practices and approaches.
It should be noted that Building Industry and Land Development Association (BILD)
has appealed Official Plan Amendments for the municipalities of Ajax, Brampton,
Burlington, and Oakville.
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 5
2.3 Ensure adequate public participation
The proposed changes to the application decision process include replacing the
information report at the statutory public meeting with a recommendation report. This
means that public comments received at the statutory public meeting will not be
incorporated into the recommendation report. Members of Council have expressed
their concern that this reduces the amount of public engagement.
Figure 2: Current Public Engagement and Reporting
To address this concern, a mandatory open house will be required for applications as
part of the Pre-Submission Stage. Circulation of notice for the Open House will be
provided in consultation with the area Ward Councillors. Staff will provide Proponents
with a set of requirements for hosting and reporting on the Open House to ensure
consistency. The public feedback gathered at that meeting will be summarized in a
Public Engagement Report, which will be one of the requirements of a complete
application. This Report will list the feedback that was received, and describe how it
was addressed in the proposal.
Figure 3: Proposed Public Engagement and Reporting
In addition to the mandatory open house attended by the Proponent, a second open
house may also be considered after the formal application has been received. City
staff and Ward Councillors will evaluate each application received and determine
which ones warrant a second open house. The second open house would provide the
public an opportunity to review the formal application to learn about revisions and
changes that were made during the technical review. The second open house would
occur after the technical review has been completed and prior to the statutory public
meeting. For further details, see Attachments #2 and #3.
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 6
3. Public and development community comments
The City received written comments from BILD and three developers. There was also
one public delegation at the Statutory Public Meeting. The main comments received
included:
• Concern that there are no defined timelines within the pre-submission stage;
• Recommend that the City not start the new procedures until the Provincial refund
requirements take effect;
• Delay making a decision on the proposed changes to allow for greater
engagement with industry partners; and
• Do not make public consultation mandatory at the pre-submission stage.
3.1 Online forum with development community
On January 11, 2023, staff hosted an online forum for BILD and members of the
development community. The purpose of this forum was to review the proposed
changes to the development review process and address concerns. Questions raised
at this forum included:
• How will the proposed process save time in development review?
• When will these changes be implemented?
• Is it reasonable to make a Record of Site Condition a requirement for a complete
application?
• How will the City transition from its current process to the proposed process?
3.2 Response to development community
The legislative changes from Bill 109 do not account for all factors that contribute to
the length of development review (i.e., agency response time, Proponent response
time, quality of Proponent submission). The City’s proposed changes to the
development review process are intended to preserve the integrity of the City’s current
review process while also protecting the City from financial risks from application fee
refunds. It is expected that the proposed changes will maintain the City’s development
review timeframes.
Staff recommend that the proposed changes take effect on June 1, 2023.
A Record of Site Condition is already required prior to application approval.
3.2.1 Proposed Transitional Provisions
To assist Proponents with implementing the revised development review process, the
following transitional provisions are being proposed:
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 7
3.2.1.1 New Proposals
As landowners contact the City Development Department to discuss a development
proposal, staff will explain the new development review process, and provide
directions on how to proceed to a complete application.
3.2.1.2 Pre-consultation Completed, but no Application Submitted
Where complete application requirements have already been determined through a
formal pre-consultation meeting prior to June 1, 2023, City staff will either:
a. amend the formal pre-consultation requirements; or
b. require a new pre-consultation meeting.
3.2.1.3 Existing Application, but no Statutory Public Meeting held yet
These applications (submitted and deemed complete prior to June 1st, 2023) will
follow the new development review process. An Open House will be held to provide
information and gather public input. A subsequent Statutory Public Meeting will be
held at the same time that a recommendation report is presented to Committee.
3.2.1.4 Existing Application and Statutory Public Meeting already held
Since the statutory requirements of the Planning Act have already been met, a
recommendation report will be presented to the Committee at the first opportunity.
4. Revise Fee Schedule
The proposed amendment to the General Municipal Fees and Charges By-law reflects
process changes resulting from Bill 109. The amount of money collected for each
application will remain the same. The proposed amendment shifts the timing for when
fees are paid to more accurately reflect where in the process the corresponding
amount of work is completed (see Appendix III to Report PLN 09-23).
5. Notice of Proposed Official Plan Amendment 46
In accordance with the requirements of the Planning Act, a notice of this Report was
provided to all individuals and organizations that had registered as an Interested Party
with the City Development Department. This list includes BILD and members of the
local development industry.
6. Conclusion
Staff will continue to focus resources on effectively reviewing development proposals,
while also meeting application decision timelines. A number of policy, procedure, and
fee changes are needed in order for the City to avoid the refund requirements created
by Bill 109:
• no longer permit development applications (such as a rezoning application and a
site plan application) to be submitted concurrently;
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 8
• introduce a new “pre-submission” review stage;
• revise the “complete application” requirements for development applications;
• make hosting an open house a mandatory requirement for submitting a complete
application;
• hold voluntary open houses when deemed appropriate;
• provide recommendation reports for consideration by the Planning & Development
Committee on the same day as the statutory public meeting;
• recommend Council “refuse an application without prejudice”; to address minor
issues that may arise during the formal Zoning By-law Amendment application
stage, which cannot be resolved within the legislated timeframes; and
• permit reconsideration of Zoning By-law Amendments in select circumstances.
In addition to the procedural changes that will be instituted by staff, it is recommended
that Council approve the corresponding changes.
Staff recommends:
a) That Council approve Recommended Amendment 46 to the Pickering Official Plan
by passing the by-law to adopt Amendment 46, as set out in Appendix I to Report
PLN 09-23
b) That Council approve an amendment to By-law 6942/09, Pre-consultation By-law;
and
c) That Council approve an amendment to By-law 6191/03, General Municipal Fee
and Charges By-law.
Appendices
Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan
Appendix II Draft By-law to Amend By-law 6942/09, Pre-consultation By-law
Appendix III Draft By-law to Amend By-law 6191/03, General Municipal Fees
Attachments
1. Text of Report PLN 47-22, Changes to development review procedures and fees in
response to Bill 109, the More Homes For Everyone Act, 2022, and review of the City’s
Planning Application Fees
2. Current Zoning By-law Amendment Process
3. Proposed Zoning By-law Amendment Process
4. Letter from Minister Clark, dated December 22, 2022
PLN 09-23 April 3, 2023
Subject: City Initiated Official Plan Amendment 46 Page 9
Prepared By:
Original Signed By
Paul Wirch, RPP
Principal Planner, Policy
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
PW :ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report PLN 09-23
Draft By-law to Adopt Amendment 46
to the City of Pickering Official Plan
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to adopt Amendment 46 to the Official Plan for
the City of Pickering (OPA 22-003/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the
Council of The Corporation of the City of Pickering may by by-law adopt amendments to the
Official Plan for the City of Pickering;
Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and
Housing has by order authorized Regional Council to pass a by-law to exempt proposed area
municipal official plan amendments from its approval;
Whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the
Region to exempt proposed area municipal official plan amendments from its approval;
Whereas the Region has advised that Amendment 46 to the City of Pickering Official Plan is
exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. That Amendment 46 to the Official Plan for the City of Pickering, attached hereto as
Exhibit “A”, is hereby adopted;
2. That the City Clerk is hereby authorized and directed to forward to the Regional
Municipality of Durham the documentation required by Procedure: Area Municipal
Official Plans and Amendments;
3. This By-law shall come into force and take effect on the day of the final passing hereof.
By-law passed this XXXX day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Exhibit “A” to By-law XXXX/23
Amendment 46
to the City of Pickering Official Plan
Amendment 46 to the Pickering Official Plan
Purpose: The purpose of this Amendment is to change existing policies for complete
application requirements, pre-consultation, and peer review. The Amendment will
also add new policies for pre-submission review.
These new and revised policies will align the Pickering Official Plan with recent
changes to the Planning Act (Bill 109) for the development review process.
Location: This amendment applies to all lands within the City of Pickering.
Basis: Through Bill 109, the Planning Act was amended to create graduated refunds for
Zoning By-law Amendments decisions and Site Plan approvals that are not
completed within the timelines prescribed by the Planning Act. In order to avoid
paying refunds, revisions are needed to the manner in which the City of Pickering
reviews and processes development applications. The proposed changes
necessitate amendments to the Pickering Official Plan to create new review
procedures and update the requirements of a complete application.
Actual The City of Pickering Official Plan is hereby amended by:
Amendment:
(New text is shown as underlined text, deleted text is shown as strikeout text, and retained text
is shown as unchanged text.)
1. Revising and renumbering, and updating all cross-references to City Policy 16.2,
Pre-submission Consultation, in Chapter 16 – Development Review, so that it reads as
follows:
City Policy
Pre-submission consultation
16.2A City Council shall require applicants to consult with the Mmunicipality prior to
submitting an application for an official plan amendment, zoning by-law
amendment, draft plan of subdivision, draft plan of condominium or site plan
approval. The A pre-submission consultation meeting will be held with the
applicant, City staff and any other government agency or public authority that
the City determines appropriate. At the pre-submission consultation
meeting:…
2. Adding a new City Policy 16.2B, Pre-submission Review, in Chapter 16 – Development
Review, as follows:
“City Policy
Pre-submission Review
16.2B City Council shall require that all materials and fees listed at the
pre-consultation meeting be submitted to the City for review by City staff.
Except for matters that are the subject of an amendment application,
submission materials must conform with all policies, guidelines, and
regulations stipulated by the City of Pickering, the Region of Durham, the
Province of Ontario, and all relevant commenting agencies. The submission
Amendment 46 to the Pickering Official Plan Page 2
materials must also provide the rationale for all matters for which an
amendment is being sought. This includes the completion and submission
of any peer review of any materials that may be required.
Once the City, and all commenting agencies, are satisfied that the submitted
materials conform with the requirements listed at the pre-consultation
meeting, the Proponent may submit the application.”
3. Revising City Policy 16.3, Complete Application, in Chapter 16 – Development Review,
so that it reads as follows:
16.3 City Council shall not accept an application for an official plan amendment,
zoning by-law amendment, draft plan of subdivision, draft plan of condominium,
or site plan approval until the following has been submitted to the City:
(a) a complete application form, including an acknowledgement by the
applicant of the obligation to pay required peer review costs, as
referred to in Section 16.4;
(b) any information or materials prescribed by statute and regulation;
(c) a record of pre-submission consultation;
(d) the prescribed application fee(s);
(e) payment, or proof of payment of all application review fees and any
other fees charged by commenting agencies;
(f) confirmation from internal departments and external agencies that
the submitted studies and reports meet approved terms of
reference and have addressed all technical comments;
(f) (g) all required studies set out in Section 16.5A for an official plan
amendment, zoning by‑law amendment, draft plan of subdivision and
draft plan of condominium application; and
(h) all required studies set out in Section 16.5B for a site plan application.
4. Revising City Policy 16.4, Peer Review at Applicant’s Expense, in Chapter 16 –
Development Review, so that it reads as follows:
16.4 City Council shall require all of the matters set out in Sections 16.3, 16.5A,
and/or 16.5B to be completed to the satisfaction of the City respecting the
scope and complexity appropriate to the application prior to the City deeming
the application complete. Once an application is deemed complete, tThe
City may retain a qualified consultant to conduct a peer review of any of the
studies required in Sections 16.5A and/or 16.5B at the applicant’s expense as
acknowledged on the application form and as provided for in Section 16.3 (a).
All peer reviews must be completed before the study can be deemed to be
in conformity with the requirements listed at the pre-consultation meeting.
Amendment 46 to the Pickering Official Plan Page 3
5. Revising City Policy 16.5A, Required Studies for an Official Plan Amendment, Zoning
By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium
Approval, in Chapter 16 – Development Review, so that it reads as follows:
City Policy
Required Studies Requirements for an Official Plan Amendment,
Zoning By-law Amendment, Draft Plan of Subdivision,
and Draft Plan of Condominium Approval
16.5A City Council shall require the following materials and studies prepared by
qualified experts, as scoped or expanded as a result of the pre-submission
consultation required by Section 16.2A, to be submitted for review to ensure
conformity with the requirements listed at the pre-consultation meeting at
the time of application for an official plan amendment, zoning by-law
amendment, draft plan of subdivision, and draft plan of condominium
approval:
(i) a planning rationale report which considers the overall benefit to the
community and evaluates the proposal against the relevant goals,
objectives, policies and general purpose and intent of this Plan, the
Regional Official Plan, the Provincial Policy Statement, the
Growth Plan for the Greater Golden Horseshoe, the Oak Ridges
Moraine Conservation Plan and the Greenbelt Plan and
Provincial policy, where applicable;
(ii) a transportation study;
…
(xxxvii) an Information and Communication Technologies Implementation
Plan, as referred to in Section 7.12 (b); and
(xxxviii) a salt management plan as referred to in Sections 10.13 (g), and
10.27 (c).;
(xxxix) a public engagement report from a public engagement event
that has been held within six months prior to the submission of
the application. The public engagement report must
demonstrate that the event followed the City’s notification and
meeting format requirements;
(xl) confirmation that Indigenous consultation has been held in
accordance with the City’s requirements;
(xli) confirmation of parkland requirements;
(xlii) a record of site condition; and
(xliii) an affordable housing brief.
Amendment 46 to the Pickering Official Plan Page 4
6. Revising City Policy 16.5B, Required Studies for Site Plan Approval, in Chapter 16 –
Development Review, so that it reads as follows:
City Policy
Required Studies Requirements for Site Plan Approval
16.5B City Council shall require the following materials and studies prepared by
qualified experts, as scoped or expanded as a result of the pre-submission
consultation provided for by Section 16.2A, to be submitted at the time of
application for site plan approval:
(i) a transportation study;
…
(xxviii) a water balance study, as referred to in Section 10.29 (e), 10.29 (f),
10.29 (g), 10.29 (h), and 10.29 (k); and
(xxix) a salt management plan as referred to in Sections 10.13 (g), and
10.27 (c).;
(xxx) confirmation of parkland requirements;
(xxxi) a record of site condition;
(xxxii) a zoning certificate;
(xxxiii) approved cost estimates for all off-site and landscaping works;
and
(xxxiv) an affordable housing brief.
7. Revising City Policy 16.8, Environmental Reports Required, in Chapter 16 –
Development Review, so that it reads as follows:
16.8 City Council:
(a) as determined through a pre-submission consultation in Section 16.2A,
require the submission and approval of an Environmental Report as part
of the consideration of a development application or a public infrastructure
project for major development within 120 metres of the Natural Heritage
System or within the minimum area of influence prescribed in Table 18 of
this Plan; and
(b) despite Section 16.8(a), may, through the pre-submission consultation in
Section 16.2A, require the submission and approval of an Environmental
Report as part of its consideration of any other development application or
public infrastructure project.
Appendix II to
Report PLN 09-23
Draft By-law to Amend By-law 6942/09
Pre-consultation By-law
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to require consultation with the City prior to
submission of applications for official plan amendments, zoning
by-law amendments, site plans, plans of subdivision and plans
of condominium
Whereas the Planning Act, R.S.O. 1990 c. P13 authorizes municipalities to pass by-laws to
require land use planning applicants to consult with the municipality before submitting
applications for official plan amendments, zoning by-law amendments, site plans, plans of
subdivision and plans of condominium;
Whereas Council wishes to have applicants discuss planning proposals with City staff before
the applications are submitted to the City, to ensure that the appropriate studies and other
requirements are completed to the satisfaction of the City, prior to the submission of a
complete application;
And whereas Council wishes to have City staff complete a preliminary review of all proposals,
at the pre-submission stage, to ensure that all materials conform with the requirements of the
pre-consultation, have been revised in accordance with City and agency comments, and all
major issues have been resolved to the City’s satisfaction, before the application is submitted;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Proponents shall attend a pre-consultation meeting with relevant City staff prior to
submitting requests to amend the City's Official Plan or zoning by-laws, and prior to
submitting applications for site plan, plan of subdivision or plan of condominium approval.
2. After the pre-consultation meeting, Proponents shall submit their development proposals
to the City for review at the pre-submission stage. The pre-submission stage will be an
integrative process allowing City departments and external agencies the appropriate
time to review studies and drawings, and allow the Proponent to address key technical
issues prior to the submission of an application.
3. At the conclusion of the pre-submission stage, all planning applications submitted to the
City must conform with the requirements of the pre-consultation meeting to be considered
a complete application under the Planning Act.
4. Planning applications submitted to the City prior to a pre-consultation meeting or prior to
the pre-submission stage will not be accepted as complete applications under the
Planning Act.
5. If more than one application is required for planning approval in support of a single
development proposal, a single pre-consultation meeting with City staff can satisfy the
requirement to consult. Despite the joint pre-consultation meeting, and following the
conclusion of the pre-submission stage, development applications must be submitted
consecutively and not concurrently unless otherwise determined by the Director of City
Development.
By-law No. XXXX/23 Page 2
6. Following the required pre-consultation meeting, if the proposal which was the subject
of the pre-consultation meeting has not been submitted for a pre-submission review
within the time-frame determined by the Director of City Development, the Proponent
may be required to attend a new pre-consultation meeting.
7. Transition
By-law 6942/09 shall be repealed upon this By-law coming into effect.
8. Effective date
This By-law shall come into full force and effect on the day of its passing.
By-law passed this XX day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Appendix III to
Report PLN 09-23
Draft By-law to Amend By-law 6191/03
General Municipal Fees
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to Being a by-law to amend By-law No. 6191/03
to confirm General Municipal Fees
Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as
amended, on October 14, 2003 to confirm general municipal fees.
Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04,
By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law
6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14,
By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18; By-law 7679/19; By-law
7740/20, By-law 7823/21, 7918/22 and 7983/23;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Schedule “I” to By-law Number 6191/03, as amended, is hereby deleted and Schedule “I”
attached hereto is substituted therefore.
By-law passed this XX day of XXXX, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Schedule “I” to
By-law XXXX/23
Updated Application Fees for
City Development – Planning
City Development Department - Planning
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
These fees are imposed under the authority of the Planning Act , R.S.O. 1990, c.P.13
Planning Documents
Pickering Official Plan $225.00 $225.00 Y No change
Official Plan Compendium $50.00 $50.00 Y No change
Seaton Sustainable Placemaking
Guidelines 1
$50.00 $50.00 Y No change
City Centre Urban Design Guidelines $50.00 $50.00 Y No change
Kingston Mixed Corridor & Brock Mixed
Node Design Guidelines
$50.00 $50.00 Y No change
Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No change
Special Studies $10.00-$20.00 $10.00-$20.00 Y No change
No change
Zoning By-laws
3036 - Set 13 Volume $100.00 $100.00 Y No change
3036 - By Volume $10.00 $10.00 Y No change
2511, 2520, 3037, 7364/14 (Seaton),
7553/17 (City Centre)
$40.00 $40.00 Y No change
20 Year Household & Population $30.00 $30.00 Y No change
Mapping $5.00-$25.00 $5.00-$25.00 Y No change
Address Booklet $25.00-$50.00 $25.00-$50.00 Y No change
Fiche Prints Price Varies Price Varies Y No change
Special Mapping Requests $54.15/hr $54.15/hr Y No change
Photocopies - 6 or more pages $0.50/ea $0.50/ea Y No change
CD Copies of Documents $10.00/document $10.00/document Y No change
Telecommunications Tower Approval $9,355.00 $9,355.00 N No change
Minor Variance
Applications to recognize an "as built
condition"
Double the regular fee Double the regular fee N No change
Accessory buildings, structures, decks,
platforms & driveway widening
$820.00 $820.00 N No change
Residential Minor (a lot for a detached
dwelling unit, semi-detached dwelling unit
and/or freehold townhouse dwelling unit)
Single Variance $1,100.00 $1,100.00 N No change
Multiple Variances $1,390.00 $1,390.00 N No change
Residential Major (all other residential and
mixed use buildings)
Single Variance $2,400.00 $2,400.00 N No change
Multiple Variances $2,710.00 $2,710.00 N No change
Institutional, Commercial & Industrial
Single Variance $3,040.00 $3,040.00 N No change
Multiple Variances $3,550.00 $3,550.00 N No change
Tabling Fee & Recirculation (applicant
initiated)
$760.00 $760.00 N No change
Special Meeting $4,830.00 $4,830.00 N No change
Authorization to Apply for Variance Under
Section 45 (1.4) of the Planning Act
$6,906.00 $6,906.00 N No change
Application for Pre-Consultation
Simple2 $350.00 $350.00 N No change
Complex $1,200.00 $1,200.00 N No change
Zoning By-law Amendment -
Pre-submission Review
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
City Development Department - Planning
Zoning By-law Amendment - Major 3 - Base
Fee
New $9,590.00 N June 1, 2023
Plus Fee per Residential Unit
First 25 units (1-25)New $260.00 N June 1, 2023
Next 75 units (26-100)New $190.00 N June 1, 2023
Next 100 Units (101-200)New $160.00 N June 1, 2023
Next 800 Units (201-1,000)New $65.00 N June 1, 2023
Plus Fee per Non-Residential Ha of
Land Area 4
New $910.00 N June 1, 2023
Plus Fee per Development Block Ha
(or part thereof) of Land Area 5
New $330.00 N June 1, 2023
Zoning By-law Amendment - Minor 6 New $6,690.00 N June 1, 2023
Zoning By-law - Recirculation 7 $2,000.00 $2,000.00 N No change
Additional fee if within Oak Ridges Moraine
or Greenbelt
New $1,320.00 N June 1, 2023
Zoning By-law - Removal of Holding New $1,980.00 N June 1, 2023
Zoning By-law - Removal of Holding
(Complex/Block Plan Required)
New $9,590.00 N June 1, 2023
Zoning By-law - Extension of Temporary
Use By-law
New $9,590.00 N June 1, 2023
Authorization to Apply for Variance Under
Section 34 (10.0.0.2) of the Planning Act
New $6,906.00 N June 1, 2023
Zoning By-law Amendment -
Application
Zoning By-law Amendment - Major 3 - Base
Fee
$19,690.00 $10,100.00 N June 1, 2023
Plus Fee per Residential Unit
First 25 units (1-25)$500.00 $240.00 N June 1, 2023
Next 75 units (26-100)$370.00 $180.00 N June 1, 2023
Next 100 Units (101-200)$305.00 $145.00 N June 1, 2023
Next 800 Units (201-1,000)$125.00 $60.00 N June 1, 2023
Plus Fee per Non-Residential Ha of
Land Area 4
$1,395.00 $485.00 N June 1, 2023
Plus Fee per Development Block Ha
(or part thereof) of Land Area) 24
$635.00 $305.00 N June 1, 2023
Zoning By-law Amendment - Minor 6 $13,190.00 $6,500.00 N June 1, 2023
Additional fee if within Oak Ridges Moraine
or Greenbelt
$2,570.00 $1,250.00 N June 1, 2023
Zoning By-law - Removal of Holding $3,810.00 $1,830.00 N June 1, 2023
Zoning By-law - Removal of Holding
(Complex/Block Plan Required)
$19,690.00 $10,100.00 N June 1, 2023
Zoning By-law - Extension of Temporary
Use By-law
$19,690.00 $10,100.00 N June 1, 2023
Zoning By-law - Reconsideration 8 $5,230.00 $5,230.00 N No change
Minister Zoning Order
Minister Zoning Order Amendment - Major
9
$3,000.00 $3,000.00 N No change
Minister Zoning Order Amendment - Minor
10
$2,500.00 $2,500.00 N No change
Official Plan Amendment -
Pre-submission Review
Pickering Official Plan Amendment - Major
11
New $45,500.00 N June 1, 2023
Pickering Official Plan Amendment - Minor
12
New $21,650.00 N June 1, 2023
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
City Development Department - Planning
Pickering Official Plan Amendment -
Recirculation 7
New $2,000.00 N June 1, 2023
Additional fee if within Oak Ridges Moraine
or Greenbelt
New $3,300.00 N June 1, 2023
Official Plan Amendment -
Application
Pickering Official Plan Amendment - Major
11
$89,000.00 $43,500.00 N June 1, 2023
Pickering Official Plan Amendment - Minor
12
$42,400.00 $20,750.00 N June 1, 2023
Additional fee if within Oak Ridges Moraine
or Greenbelt
$6,300.00 $3,000.00 N June 1, 2023
Regional Official Plan - Amendment (not
part of a Pickering OPA)
$37,100.00 $37,100.00 N No change
Neighbourhood Development Guideline
Amendment 13
$4,300.00 $4,300.00 N No change
Land Division
Comments $2,600.00 $2,600.00 N No change
Clearance of Conditions $1,300.00 $1,300.00 N No change
Council authorization to proceed by land
division instead of draft plan of subdivision
14
$8,670.00 $8,670.00 N No change
Cash-in-Lieu of Parkland Conveyance
For the creation of up to 3 additional lots
(price per lot created)
$6,940.00 $6,940.00 N No change
For the creation of more than 3
additional lots
See Parkland By-law See Parkland By-law N No change
Draft Plan of Subdivision -
Pre-submission Review
Base Fee New $32,800.00 N June 1, 2023
Plus Fee per Residential Unit New
First 25 units (1-25)New $470.00 N June 1, 2023
Next 75 units (26-100)New $380.00 N June 1, 2023
Next 100 Units (101-200)New $300.00 N June 1, 2023
Next 800 Units (201-1,000)New $190.00 N June 1, 2023
Plus Fee per Non-Residential Ha
(or part thereof) of Land Area 4
New $150.00 N June 1, 2023
Plus Fee per Development Block
Ha (or part thereof) of Land Area 5
New $95.00 N June 1, 2023
Recirculation 7 $2,000.00 $2,000.00 N No change
Additional fee if within Oak Ridges Moraine
or Greenbelt
New $1,000.00 N June 1, 2023
Applicant-Initiated Major Revisions (prior to
Draft Plan Approval)
New $22,200.00 N June 1, 2023
Revisions to Draft Approved Plan -
(redline revisions) - Pre-submission Review
Base Fee New $13,000.00 N June 1, 2023
Plus Fee per Additional Residential
Units
First 25 units (1-25)New $470.00 N June 1, 2023
Next 75 units (26-100)New $380.00 N June 1, 2023
Next 100 Units (101-200)New $300.00 N June 1, 2023
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
City Development Department - Planning
Next 800 Units (201-1,000)New $190.00 N June 1, 2023
Plus Fee per Non-Residential Ha (or
part thereof) of Land Area
New $150.00 N June 1, 2023
Plus Fee per Development Block Ha
(or part thereof) of Land Area
New $95.00 N June 1, 2023
Draft Plan of Subdivision -
Application
Base Fee $67,400.00 $34,600.00 N June 1, 2023
Plus Fee per Residential Unit
First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023
Next 75 units (26-100)$845.00 $465.00 N June 1, 2023
Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023
Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023
Plus Fee per Non-Residential Ha
(or part thereof) of Land Area 4
$335.00 $185.00 N June 1, 2023
Plus Fee per Development Block
Ha (or part thereof) of Land Area 5
$210.00 $115.00 N June 1, 2023
Additional fee if within Oak Ridges Moraine
or Greenbelt
$3,500.00 $2,500.00 N June 1, 2023
Revisions to Draft Approved Plan -
(redline revisions) - Application
Base Fee $26,600.00 $13,600.00 N June 1, 2023
Plus Fee per Additional Residential
Units
First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023
Next 75 units (26-100)$845.00 $465.00 N June 1, 2023
Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023
Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023
Plus Fee per Non-Residential Ha (or
part thereof) of Land Area
$335.00 $185.00 N June 1, 2023
Plus Fee per Development Block Ha
(or part thereof) of Land Area
$210.00 $115.00 N June 1, 2023
Release of Draft Plan of
Subdivision/Clearance Fee
$2,000.00 $2,000.00 N No change
Plan of Condominium -
Pre-submission Review
Draft Plan of Condominium New $5,400.00 N June 1, 2023
Common Element Condominium New $7,900.00 N June 1, 2023
Recirculation 7 $2,000.00 $2,000.00 N No change
Condominium Conversion New $7,900.00 N June 1, 2023
Revisions to a Draft Approved Plan -
(redline revisions)
$3,100.00 $3,100.00 N No change
Plan of Condominium -
Application
Draft Plan of Condominium $19,000.00 $13,600.00 N June 1, 2023
Common Element Condominium $27,200.00 $19,300.00 N June 1, 2023
Condominium Conversion $27,200.00 $19,300.00 N June 1, 2023
Release of Draft Plan of
Condominium/Clearance Fee
$2,000.00 $2,000.00 N No change
Site Plan - Pre-submission Review
Residential See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
City Development Department - Planning
Commercial See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
Industrial See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
All Uses (Residential, Non-Residential,
Mixed-Use) - Base Fee
New $5,300.00 N June 1, 2023
Plus Fee per Residential Unit
First 25 units (1-25)New $370.00 N June 1, 2023
Next 75 units (26-100)New $300.00 N June 1, 2023
Next 100 Units (101-200)New $225.00 N June 1, 2023
Next 800 Units (201-1,000)New $55.00 N June 1, 2023
Plus Fee per 2,000 m2 (or part
thereof) of Non-Residential GFA
New $4,405.00 N June 1, 2023
Recirculation 7 $2,000.00 $2,000.00 N No change
Applicant Initiated Revision Base Fee Base Fee N No change
Site Plan - Application Review
Residential See "All Uses
Residential,
Non-Residential, Mixed-
See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
Commercial See "All Uses
Residential,
Non-Residential, Mixed-
See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
Industrial See "All Uses
Residential,
Non-Residential, Mixed-
See "All Uses Residential,
Non-Residential, Mixed-
Use)
N No change
All Uses (Residential, Non-Residential,
Mixed-Use) - Base Fee
$8,200.00 $2,900.00 N June 1, 2023
Plus Fee per Residential Unit
First 25 units (1-25)$515.00 $145.00 N June 1, 2023
Next 75 units (26-100)$415.00 $115.00 N June 1, 2023
Next 100 Units (101-200)$310.00 $85.00 N June 1, 2023
Next 800 Units (201-1,000)$75.00 $20.00 N June 1, 2023
Plus Fee per 2,000 m2 (or part
thereof) of Non-Residential GFA
$6,100.00 $1,695.00 N June 1, 2023
Site Plan Agreement and Clearance of
Conditions
$7,300.00 $7,300.00 N No change
Compliance Inspections/LC Release
Report (includes 2 inspections)
$960.00 $960.00 N No change
Additional Compliance Inspections $410.00 $410.00 N No change
Other Fees
Request for Zoning Information $55.00 $55.00 N No change
Zoning Certificate - Residential (single,
semi, townhouse, accessory structure)
initial review + 1 revision
$150.00 $150.00 N No change
Zoning Certificate - Development (within
infill precincts, ORM, or requiring MDS
calculation) initial review + 1 revision
$580.00 $580.00 N No change
Zoning Certificate - Mixed-use/Multi
Residential/Non-Residential (industrial,
commercial, institutional) initial review + 1
revision
$695.00 $695.00 N No change
Peer Reviews 15 Full recovery of City costs
+ 10% admin. fee
Full recovery of City costs
+ 10% admin. fee
Y No change
User Fee or Charge Current Fee
(Excluding HST)
Proposed Fee
(Excluding HST)
HST
Applicable
(Y/N)
Proposed Fee
Effective Date
City Development Department - Planning
Minor Revision to Approved Condo Site
Plan (by unit owner) i.e., decks, sheds,
fences
$115.00 $115.00 N No change
File Reactivation 16 $5,230.00 $5,230.00 N No change
Opinion Letter for Complex Inquiries $1,200.00 $1,200.00 N No change
Add Street Name to Approved List $1,070 $1,070 Y No change
Request to Change Municipal Address $1,070 $1,070 Y No change
Request for Exception to Council Adopted
Policies on Municipal Addressing and
Street Naming
$6,040.00 $6,040.00 N No change
Refund of Application Fees 17 $0 $0 Y No change
Film Location Permit $350.00 $350.00 Y No change
Film Location Permit and Road Closure $500.00 $500.00 Y No change
Any other matter requiring a Report to
Committee or Council
$6,040.00 $6,040.00 N No change
1. Fee applicable after Council adoption.
- an application relating to more than one property
- a site specific application, if considered to represent a large scale redevelopment
- any change in use and/or zone category, except as identified under a minor amendment
- an application involving significant changes to the development standards or general provisions of the by-law
- an application which requires major technical studies and extensive consultation
4. Applies to blocks intended to be developed for commercial, industrial, and institutional uses (including school blocks).
5. Excludes lands to be conveyed for roads, parkland, natural hazards, and stormwater or other public infrastructure.
- request for additional permitted use, within an existing building with no significant impact on existing development standards
- changes in development standards or zone to accommodate a residential severance to create one additional lot
- application for Temporary Use
16. Fee applies to planning applications that have been inactive over 1 year but less than 2 years. If the file has been inactive 2 or more
years, the file will be closed without notice and a new application will be required with current application fees being applied.
17. Also subject to deduction of credit card fee if paid by credit card.
- an application involving significant changes to the policies of the Official Plan
12. An application for a minor, site specific and small scale amendment or exception to Official Plan policies and designations, having limited
impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate.
13. An application to amend a Neighbourhood Development Guideline when the development proposal would necessitate an amendment to
the Guideline or there is no other planning application being processed by Council.
14. Charged only if no other planning applications are being processed by Council.
15. The applicant is responsible for the City's full costs of undertaking the peer review of any studies or drawings submitted in support of the
application. This requirement applies to matters such as, but not limited to, the peer review of traffic, marketing, environmental, noise,
engineering drawings and reports, and architectural drawings.
10. A minor Minister's Zoning Order application is where the proposed use or standards comply with the City's zoning by-law.
11. An application that is more significant in scale and scope than a minor amendment and which may have greater impact or policy
- an application which requires major technical studies and extensive consultation
- an application relating to more than one property
- a site specific application if considered to represent large scale redevelopment or significant change to the designations and permitted
-does not change the nature of the proposal;
-is minor and technical in nature and I not expected to result in fundamental changes to the layout and design of the proposal;
-does not involve re-engagement with the public; and
-does not require recirculation of the application to external agencies.
9. A major Minister's Zoning Order application is where the proposed use or standards do not comply with the City's zoning by-law and a
Report to Council is required.
6. An application for minor or small scale zoning amendment having no significant impact on adjoining lands, as determined by the Director,
City Development or designate. Minor applications must be site specific and meet one or more of the following conditions:
8. An Application may apply for reconsideration provided that the resolution of the issue of concern:
7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission
and every submission thereafter.
3. An application for an amendment that is more significant in scale and scope than a minor zoning amendment, and which may have
greater impact beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one or
more of the following conditions:
2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related
Attachment #1 to Report PLN 09-23
Report to Council
Report Number: PLN 47-22
Date: December 5, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: City Initiated Official Plan Amendment:
Changes to development review procedures and fees in response to Bill 109, the
More Homes For Everyone Act, 2022, and review of the City’s Planning
Application Fees
File: OPA 22-003/P
Recommendations:
1. That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering,
to amend existing policies and introduce new policies related to the review of Planning Act
applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 47-22 be approved;
2.That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend
existing policies and introduce new policies to the Pickering Official Plan with regard to
the review of Planning Act applications under Bill 109, the More Homes For Everyone
Act, 2022, as set out in Appendix I to Report PLN 47-22, be enacted;
3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report
PLN 47-22, be enacted;
4.That, in response to legislated changes arising from the enactment of Bill 109, the More
Homes For Everyone Act, 2022, and to improve cost recovery of the processing of
development applications, an increase to the City Development Department – Planning
Fees be approved, effective January 1, 2023;
5.That an amendment to Schedule “I” to By-law 6191/03, the General Municipal Fees and
Charges By-law, as amended, by deleting the pages for City Development Department
–Planning, and substituting the updated pages for City Development Department –
Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix III to
Report PLN 47-22, be approved; and
6.That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and
Charges By-law 6191/03, as set out in Appendix III to Report PLN 47-22, be enacted.
Executive Summary: On April 14, 2022, Bill 109, the More Homes For Everyone Act,
2022, received Royal Assent. Among other matters, Bill 109 amended the Planning Act to
require municipalities to refund Zoning By-law Amendment and Site Plan Approval application
fees if no decision is made or no approval is issued within the legislative timelines. Zoning By-law
Amendment Applications are required to have a decision made within 90 days (or 120 days if
concurrent with an official plan amendment) and site plan approval is required within 60 days
or refunds of application fees are mandated. These changes will come into effect on
January 1, 2023 for new applications submitted after that date.
PLN 47-22 December 5, 2022
Subject: Changes to Development Review Procedures and Application Fees Page 2
To meet the legislated review timelines and avoid having to pay refunds (that may put the
corporation at financial risk), staff are proposing several changes to the development review
process:
• no longer permit development applications to be submitted concurrently;
• introduce a new “pre-submission” review stage;
• revise the “complete application” requirements for development applications;
• make public engagement, during the “pre-submission” review stage, a requirement for
submitting a complete application;
• prepare a recommendation report for consideration by the Planning & Development
Committee on the same day as the statutory public meeting;
• to address minor issues that may arise during the formal Zoning By-law Amendment
application stage, which cannot be resolved within the legislated timeframes, staff will
recommend Council “refuse the application without prejudice”; and
• permit reconsideration of Zoning By-law Amendment applications that are refused without
prejudice in select circumstances.
An amendment to the policies in the Pickering Official Plan is proposed to revise the City’s
current pre-consultation requirements and introduce the new “pre-submission” review stage
(see Appendices I and II to Report PLN 47-22). The proposed changes will require early
collaboration between applicants, staff and other stakeholders (including the public) to review
key concerns and issues of the proposal, before the submission of a formal application.
The proposed amendment to the General Municipal Fees and Charges By-law reflects two
different reviews of the fees. The first is a result of Bill 109. It will identify new charges for the
“pre-submission” stage and shift when fees are paid to more accurately reflect where in the
process the corresponding amount of work is completed. The second, unrelated to Bill 109, is
an increase in fees to ensure that development application fees better reflect the amount of
effort required from City staff (see Appendix III to Report PLN 47-22).
The recommended changes to development review procedures and fees reflect a response to
Bill 109, and an update of the City’s application fees. Recently announced draft changes to the
Planning Act (Bill 23, the More Homes Built Faster Act, 2022) may require further modifications
in the future. As required, staff may bring additional changes for Council’s consideration
if/when this new legislation is enacted.
Financial Implications: If no changes are made to the City’s development review process,
as outlined in Section 2 of this report, the City is at risk of forfeiting most, or all, of the application
fees collected for Zoning By-law Amendment and Site Plan Approval applications. The precise
amount associated with these applications will vary each year, based on the number of
applications received. Using a three-year range, the average amount of fees that could be at
risk is approximately $1,000,000 per year.
The addition of new charges for the “pre-submission” application stage, and proposed increase
in development review fees, will bring many (but not all) of these fees to full cost recovery. This
will provide the City with the ability to continue to perform the required function of development
review and approval, while minimizing reliance on increased tax revenue to meet demand.
PLN 47-22 December 5, 2022
Subject: Changes to Development Review Procedures and Application Fees Page 3
1. Background
The Planning Act of Ontario is the provincial legislation that sets out the ground rules
for land use planning in Ontario. Guided by the Planning Act, the City of Pickering
receives, reviews, and approves development applications leading to the construction
of new homes and businesses.
On March 30, 2022, the Province introduced Bill 109, the More Homes for Everyone
Act, 2022. Bill 109 amends various statutes, including the Planning Act, for items
related to housing and development. City staff brought forward a report (PLN 22-22) to
the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications
for the City (see Attachment #1).
During the consultation period, the Province gave Bill 109 Royal Assent on April 14,
2022. Among other matters, Bill 109 amended the Planning Act to require
municipalities to refund Zoning By-law Amendment and Site Plan application fees, if a
decision or approval is not made or issued respectively, within the legislative timelines.
These changes come into effect on January 1, 2023. A summary of the fee refunds is
provided in Figures 1, 2 and 3.
Figure 1: Zoning By-law Amendment refund schedule
Figure 2: Zoning By-law Amendment refund schedule if submitted with an Official Plan
Amendment
Figure 3: Site Plan refund schedule
PLN 47-22 December 5, 2022
Subject: Changes to Development Review Procedures and Application Fees Page 4
Prior to the release of Bill 109, staff were in the midst of a review and update of the
City’s development application fees. Watson & Associates Economists Ltd. was
retained to assist staff in the review of these fees (see Planning Application Fee
Review – Update Study, Watson & Associates, Attachment #2,). A discussion of the
findings from Watson & Associates is summarized in Section 2.3.5 of this report.
2. Discussion
2.1 Challenges created by Bill 109
The Province has stated that the intent of the changes made by Bill 109 is to
accelerate development approvals, leading to the faster construction of new homes.
The goal of fast and efficient development approvals is shared by City staff.
In practice, the development review process is designed to be an iterative and
collaborative exchange between the City, developers, and stakeholders. The Planning
Act requires municipalities to be transparent, and to actively engage the public in the
review process. Unfortunately, the changes brought forward by Bill 109 do not take
into account the following items in the development review process:
2.1.1 There is no ability to “stop-the-clock” when an application is circulated to
commenting agencies for review
There are a number of external agencies (Ministry of Transportation, Region of
Durham, Conservation Authorities, etc.) and internal departments involved in the
review of applications. The external agencies that assist with application review rarely
provide their comments within the requested one-month period. Municipalities do not
have the ability to “stop-the-clock” while awaiting comments from external agencies.
This review may include an analysis of complex studies and reports such as
comprehensive traffic impact assessments, functional servicing reports, noise studies,
planning justification reports, heritage impact assessments, and geotechnical reports,
to list a few. Delays in receiving comments from these agencies significantly affect
approval timelines. These delays are beyond the control of the City.
2.1.2 There is no ability to “stop-the-clock” after comments have been provided to the
Applicant, and the City is waiting for the proposal to be revised
Once the review of an application has been completed, there are usually several
modifications that need to be made by the Owner and/or Applicant in order for the
application to align with City policies, guidelines, and regulations. While Applicants are
often highly motivated to provide timely revisions, the City has no control over how
long it takes before the revised submission is received from the Applicant. Depending
on the complexity of the project, the key issues to be resolved, and the availability of
consulting resources, it can take an applicant several months to resubmit application
materials. It is also common for Applicants to provide more than one revision of their
application before City staff are prepared to issue Site Plan Approval or recommend
approval of a Zoning By-law Amendment to Council.
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Subject: Changes to Development Review Procedures and Application Fees Page 5
2.1.3 Statutory public engagement becomes perfunctory rather than collaborative
For Zoning By-law Amendment applications, municipalities are required to include
public consultation by holding a Statutory Public Meeting. Following the Statutory
Public Meeting, the comments from the public are expected to inform staff’s review
and Council’s decision. Effectively reviewing and addressing public comments can
also contribute to applications exceeding the Planning Act timelines. The requirements
imposed by Bill 109 will now require Council to expedite its decision.
If no changes were made to the City’s practices and procedures for reviewing and
making decisions on planning applications, staff would be required to prepare a report
with a recommendation on the application before the Statutory Public Meeting is held,
and likely without time to receive all City, agency, and public comments. This would
reduce the transparency of the review process, reduce the opportunity to undertake
meaningful engagement with stakeholders and members of the public, and reduce the
ability to provide a comprehensive planning recommendation to Council.
The Bill 109 timelines require the rapid review and consideration of development
applications. These timelines do not consider the fact that Committee and Council
meetings are not typically held in the months of July and August or during election
periods. As required, it may become necessary for special meetings of Council to be
called during the summer to consider applications.
Taking into account the review requirements of all City departments and external
agencies, along with the quality of submissions and the response time from
Applicants, it is staff’s opinion that the prescribed timelines in the Planning Act are not
achievable. Therefore, without any change to our current practices and procedures,
the City is at risk of refunding a significant amount of the application fees that are
collected for Zoning By-law Amendment and Site Plan Approval applications. The
City’s average processing timelines over the last few years are as follows:
All Zoning By-law Amendments:
• Required decision timeline: 90 days
• Average decision timeline: 400 days
Residential Site Plans:
• Required decision timeline: 60 days
• Average decision timeline: 500 days
Staff notes that there are various factors that contribute to these long decision
timelines. In many instances, delays are caused by untimely responses from
Applicants and external agencies. There are also procedural matters that artificially
inflate decision timelines. For example, in the past when Site Plan applications were
submitted concurrently with Zoning By-law Amendments, approval of the Site Plan
could not occur before the Zoning had been approved by Council. This has
implications on how project timelines are reported but does not directly impact how
project review occurs.
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City staff remain committed to the prompt and efficient review of development
applications to spur economic development and support the creation of more housing.
Unfortunately, the punitive measures created by Bill 109 unfairly penalize municipalities
for delays that are often outside of their control. To best support the continued review
of development applications, and to avoid the financial penalties imposed by Bill 109,
staff are proposing several changes to the development review process.
2.2 Proposed Changes to the Development Review Process
The changes staff are proposing should allow the City to meet the legislated timelines
and avoid the loss of development application revenue, while still ensuring a robust
and thorough evaluation of the application. The goal of these proposed changes is for
the City to:
• continue to diligently review development applications in a timely manner;
• continue to provide appropriate analysis leading to high-quality urban design and
orderly development;
• ensure that development application fees more accurately reflect the City’s cost for
reviewing those applications and are collected at the appropriate time; and
• continue to seek meaningful public participation despite a condensed timeline.
2.2.1 Development Review Process
The development review process currently consists of three general stages:
pre-consultation, application review, and decision (see Figure 4 below). Under the
current process, the majority of time spent reviewing the proposal is during the
application review stage.
Figure 4: Current Development Review Process
Due to the strict timeframes and refund penalties assigned to the application review
stage, staff are proposing to shift the review portion of development proposals from
the application stage to a new “pre-submission” stage (see Figure 5 below). Staff will
continue to provide a prompt and thorough review, but will avoid “starting the clock”
and avoid being at risk for application refunds.
PLN 47-22 December 5, 2022
Subject: Changes to Development Review Procedures and Application Fees Page 7
Figure 5: Proposed Development Review Process
The City’s development review process will need to change to be more front-ended,
requiring additional review and effort by all stakeholders prior to the formal submission
of an application. This way, when an application is received, it will only be deemed
complete after the review of the proposal has been completed by City staff and
external agencies and the Proponent has made all necessary revisions.
The following sections will provide a more detailed account of the proposed changes
to each stage of the development review process. An illustrated summary of the
development review stages is provided in Attachments #3 and #4 to this report.
2.2.2 Stage 1A – Pre-Consultation Stage
The purpose of the pre-consultation stage is to review a development concept, confirm
the appropriate planning and agency approvals that are needed, and provide a list of
required materials that must be submitted as part of a complete application. Pre-
consultation meetings are permitted by the Planning Act, but are not part of the
legislated application review process, and therefore are not subject to the timeline
refunds prescribed by Bill 109.
2.2.3 Stage 1B – The Pre-Submission Stage
Following a pre-consultation meeting, Proponents will submit all required materials for
review by staff and external agencies. The technical review of the proposal will occur
during the pre-submission stage. During the pre-submission stage, “the clock” is not
running.
At the pre-submission stage, staff will circulate the development reports and drawings
to all agencies and departments for technical review. A full review of all reports and
studies will be completed to confirm accuracy and conformity with all requirements
and standards. More detailed information, such as peer reviews, may also be required
at this stage. The pre-submission stage will be an integrative process, allowing City
Departments and external agencies the appropriate time to review complex studies
and drawings, and allow the Proponent to address key technical issues prior to the
submission of an application. This stage also requires consultation and engagement
with the public. It is important to note that the prescribed timelines imposed by Bill 109
do not apply during the pre-submission review.
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2.2.3.1 Public Information Centre (Open House)
The Planning Act requires that a Statutory Public Meeting be held before Council
makes a decision on a variety of development applications, including Zoning By-law
Amendments, but is not required for Site Plan Approvals. This allows the public to
provide comments for Council to consider as part of their decision. In addition to the
Statutory Public Meeting, it is not uncommon for a voluntary Public Information Centre
(open house) to be held earlier in the process. These events are less formal and
provide the public with the opportunity to directly engage with the Applicant, their
consultants, and City staff.
To meet the Planning Act timelines, all Applicants for Zoning By-law Amendment will
now be required to host an open house prior to the submission of a formal application.
One benefit to this early engagement is the identification of community concerns at the
beginning of the process possibly leading to modifications of a proposal before it is
formally submitted. For example, the Planning Rationale Report, traffic reports, and
other supporting documents prepared by the Proponent will now be informed by public
comments rather than exclusively relying on technical analysis that may not fully take
into account the local context. Staff will be developing a set of procedures for
Proponents to follow that outlines the requirements for open house events, which will
include matters such as the type of venue/forum, how to give notice, how to record
feedback, etc.
In addition to requiring the applicant to host an open house meeting, City staff will
ensure the information and materials submitted at the pre-submission stage are
uploaded to the City’s website, allowing the public to review and offer comments on
the proposal.
2.2.4 Stage 2 – Complete Application Submission
Under the Planning Act, certain information or material is required to be provided as
part of a complete application. The purpose of complete application requirements is to
ensure that all the relevant and required information is available, at the time of formal
submission, for staff to either issue an approval or provide a recommendation to
Council. The complete application requirements are intended to make the review of an
application faster and more efficient.
To improve the review process, and manage the new legislated review timelines, staff
propose to strengthen and expand the complete application requirements for planning
applications. The Planning Act allows municipalities to request information or material
if their Official Plan contains provisions relating to those requirements. In order to
update the list of items that the City may request during a pre-consultation meeting, an
amendment to the City’s Official Plan is required. The proposed amendments to the
relevant policies in the Official Plan are contained in Appendix I.
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2.2.4.1 The Statutory Public Meeting
The Planning Act outlines the required steps involved in reviewing an application.
Certain applications, such as Zoning By-law Amendments, require that municipalities
consult with the public at a Statutory Public Meeting (see Attachment #4). Once an
application is received and deemed complete, a municipality will schedule a Statutory
Public Meeting to be held at a Planning & Development Committee (Committee)
meeting.
Currently, an information report is provided to the Committee outlining the major
elements of the development application, summarizing relevant land use policies and
identifying key concerns to be addressed. After the first Committee meeting, staff
continue to review the application and incorporate comments received from Council,
the public, and external agencies. Once all information has been received and
reviewed, a recommendation report is presented at a subsequent Committee meeting.
It is at this meeting that Committee is requested to make a decision on the application,
that is ratified at a subsequent Council meeting.
As part of the revised strategy to meet the Planning Act timeline, City Development
staff will no longer prepare an information report and host a Statutory Public Meeting
on a separate evening, in advance of the Planning & Development Committee
considering a recommendation report. The Committee will now have to make a
decision on planning applications on the same night the Statutory Public Meeting is
held. This reduces the ability for public comments, received in advance of the
Statutory Public Meeting, to be incorporated into Committee’s decision. The public
engagement, that is currently received at the Statutory Public Meeting stage, will now
be captured earlier in the process, and in a different form, through the newly required
Public Information Centre described in Section 2.2.3.1 of this report. The Public
Information Centre will occur prior to the submission of the application.
Bringing forward a recommendation report at the Statutory Public Meeting may require
certain procedural changes to the format of that event that will be formulated in
consultation with the City Clerk.
2.2.5 Proposed Transitional Provisions
To assist the Proponents with implementing the revised development review process,
the following transitional provisions are being proposed:
2.2.5.1 New Pre-consultation
All applicants of future development proposals will be informed of the new
development review process, and be provided with directions on how to proceed to a
complete application.
2.2.5.2 Completed Pre-consultation, but no Application
Where complete application requirements have already been determined through a
formal pre-consultation meeting prior to January 1, 2023, City staff will either:
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Subject: Changes to Development Review Procedures and Application Fees Page 10
a. amend the formal pre-consultation requirements; or
b. require a new pre-consultation meeting.
2.2.5.3 Existing Application, but no Statutory Public Meeting
These applications will follow the new development review process. An Open House
will be held to provide information and gather public input. A subsequent Statutory
Public Meeting will be held at the same time that a recommendation report is
presented to Committee.
2.2.5.4 Existing Application and Statutory Public Meeting already held
Since the statutory requirements of the Planning Act have already been met, a
recommendation report will be presented to the Committee at the first opportunity.
2.2.6 Concurrent vs. Sequential Application Review
Often development projects require more than one development approval (i.e., Official
Plan Amendment, Zoning By-law Amendment and/or Site Plan applications). Currently,
the City permits multiple applications to be submitted at the same time to benefit from
the efficiency of circulating all materials once to external agencies and holding one
joint Statutory Public Meeting. To respond to the strict requirements of Bill 109, certain
applications will no longer be considered concurrently. Instead, Applicants will need to
submit each application sequentially.
For example, a Proponent requiring both a Zoning By-law Amendment and a Site Plan
Approval will have to submit a Zoning By-law Amendment application first. Once the
Zoning By-law Amendment has been approved and is in full force and effect, the
Proponent may then submit a Site Plan Approval application. Staff regret that this will
likely result in a lengthening of overall approval timelines for some projects. However,
this is one of the unintended consequences of the changes brought forward by Bill 109.
Reviewing applications sequentially will ensure that the City is not penalized with any
refunds to site plan applications, while still finalizing prerequisite applications.
2.2.7 Application Denial and Re-Application
Despite the benefits of a revised development review process, the City may still need
to deny an application if all information is not provided within the prescribed timeline to
avoid paying application fee refunds. In circumstances where denials are issued to
“stop-the-clock”, Applicants may be able to submit their applications for reconsideration
if the outstanding matters:
• do not change the nature of the proposal;
• are minor and technical in nature and are not expected to result in fundamental
changes to the layout and design of the proposal;
• do not involve re-engagement with the public; and
• do not require recirculation of the application to external agencies.
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Subject: Changes to Development Review Procedures and Application Fees Page 11
The decision on whether to accept an application for reconsideration will be at the
discretion of the Director, City Development & CBO. A fee for the reconsideration of
an application will be required.
2.2.8 Changes to the review of all development applications
With minor differences, all development applications follow the same general pattern
of development review. The recent changes to the Planning Act from Bill 109 only
create potential refund scenarios for Zoning By-law Amendment and Site Plan
applications. The changes to the development review process listed in this report are
specifically needed for those two application types. However, there would be increased
clarity for the public, the development industry, and Council if all development
applications followed the same review and approval process. Therefore, staff propose
to apply the new development review process to all applicable Planning applications.
2.3 Proposed Changes to the Development Review Fees
In conjunction with the revised development review process that has been outlined in
this report, staff are proposing to shift the development review fees to the appropriate
stage of review where the corresponding amount of work is conducted. This will
involve applying a fee at both the pre-submission stage, as well as a fee at the
application stage.
Prior to the introduction of Bill 109, the City retained Watson & Associates Economists
Ltd. (Watson) to review the City’s current development application fees. The rationale
for the proposed fee changes is contained in Attachment #2 and is further discussed
in Section 2.3.5 of this report.
2.3.1 Stage 1A – Pre-consultation
Currently, fees are collected by the City to review and comment on preliminary
development concepts at the pre-consultation meeting. This fee represents only a small
fraction of the staff time required to prepare and host this meeting. It is recommended
that the current pre-consultation fee be maintained for the analysis of simple proposals
(Pre-consultation Meeting Simple) and a new fee be created for the analysis of complex
proposals (Pre-consultation Meeting Complex). It is intended that this new fee structure
better reflect the amount of work completed by staff for this meeting.
2.3.2 Stage 1B – Pre-submission
Under the new development review process, staff will spend a greater amount of time
reviewing the development materials prior to the submission of the formal application.
Therefore, review fees will be revised to reflect staff’s effort during each stage of
review. A majority of the review fees will be collected at the new “pre-submission”
stage, where staff will spend the largest portion of their time in the review and analysis
of a proposal. The remaining part of the review fee will be collected at the submission
of the complete application. Fees collected at the pre-submission stage are not
subject to any refund requirements.
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Subject: Changes to Development Review Procedures and Application Fees Page 12
The review of development proposals is a collaborative process that typically involves
more than one submission by the Proponent to ensure that their proposal conforms
with all policies, standards, and regulations of the City and the relevant commenting
agencies. The pre-submission process presumes the original submission and two
subsequent submissions by the Proponent. Each submission is thoroughly reviewed
by staff and relevant agencies, and a list of missing or outstanding items is provided to
the Proponent. The pre-submission fee is intended to cover the cost of the original
submission and two resubmissions. In order to reflect the ongoing work required by
staff, the fourth submission, and every submission thereafter, will be subject to a
recirculation fee (see Table 1 below).
Table 1: When Pre-submission and Recirculation Fees Apply
Pre-submission Fee Recirculation Fee
Original submission N/A
Submission Two N/A N/A
Submission Three N/A N/A
Submission Four, or more N/A
2.3.4 Stage 2 – Application
After the pre-submission review has been completed, Proponents may then submit
their complete application. An application review fee is payable at the time of
application submission. This is when the legislated timelines in the Planning Act begin.
If Council or staff are unable to reach a decision or provide approval within the
legislated timeline, this is the fee that would be subject to any possible refund.
2.3.5 Overall Increase in Application Fees
There is a general principle in Municipal planning and finance that development
application fees should recover the City’s cost for reviewing those applications. The
intent is to avoid having the existing tax base (residents and business owners)
subsidize the costs to the City incurred from new development. Excluding City-initiated
applications, Minor Variance, and Land Division applications, which are not intended
to achieve cost recovery, the City’s current application fees only recover 78 percent of
the costs of staff’s review of development application files.
Watson was retained by the City to complete a comprehensive update to the
development approval application process (D.A.A.P) fee reviews. One of the
objectives of Watson’s review was to determine the fee increases necessary to
achieve full cost recovery.
The recommended fee increases included in Appendix III of this report will move the
City’s fees for reviewing Planning Act applications closer to full cost recovery.
Excluding Minor Variance, Land Division, and City-initiated applications, cost recovery
performance will increase from 78 percent to almost 95 percent. For Official Plan
Amendments, the move to full cost recovery was considered too great to be
implemented through a one-time increase. Therefore, a more moderate fee increase is
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Subject: Changes to Development Review Procedures and Application Fees Page 13
recommended at this time. Similarly, staff recommend not recovering the full cost for
Minister Zoning Order Amendments, as these fees may be overly burdensome on
residents that live in areas under these regulations. Details of the proposed fee
increases are contained in Watson’s Planning Application Fee Review – Update
Study, contained in Attachment #2 to this report, and summarized in Table 2.
Table 2: Current and Proposed Cost Recovery by Application Type
Application Type Current Cost Recovery Proposed Cost Recovery
Subdivision 53% 100%
Condominium 82% 100%
Official Plan 37% 69%
Zoning By-Law Amendment 89% 100%
Site Plan 98% 100%
Minor Variance and Land
Division
11% 15%
City Initiated Applications 0% 0%
These fee increases are necessary if the City wants to ensure that the application and
review fees better reflect the City’s costs for reviewing development applications. The
alternative will be to shift a greater portion of the cost for reviewing development
applications onto Municipal tax assessment revenue.
3. Notice of Proposed Official Plan Amendment 46
In accordance with the requirements of the Planning Act, a notice of the Statutory
Public Meeting for proposed Amendment 46 to the Pickering Official Plan was
provided in the Pickering News Advertiser.
Notice of the Statutory Public Meeting was also posted on the City’s website and a
separate notice was forwarded to the Building Industry and Land Development
Association (BILD) and members of the local development industry.
As of the date of this report, staff had received three public inquiries seeking clarity on
the proposed amendment, or access to the background report, but no written or verbal
comments have been received from the public.
4. Future Evaluation and Modification
The proposed changes to the City’s development review process are intended to
support the efficient review of development applications in light of recent changes to
the Planning Act. Staff will track the result of the new processes and, as required,
make necessary revisions to ensure that the intended outcomes are being achieved.
Additional changes proposed by the Province under Bill 23 are still being evaluated
and may also necessitate further modifications in the future. A summary of the changes
from Bill 23 is contained in a separate report. It is recommended that a Council
education session be held in the future to review all of the changes proposed to City
processes as a consequence of current and forthcoming changes to the Planning Act.
PLN 47-22 December 5, 2022
Subject: Changes to Development Review Procedures and Application Fees Page 14
5. Conclusion
Staff will continue to focus resources on effectively reviewing development proposals,
while also meeting application timelines. A number of policy, procedure, and fee
changes are needed in order for the City to avoid the refund requirements created by
Bill 109:
• no longer permit development applications to be submitted concurrently;
• introduce a new “pre-submission” review stage;
• revise the “complete application” requirements for development applications;
• make public engagement a requirement for submitting a complete application;
• provide recommendation reports for consideration by the Planning & Development
Committee on the same day as the statutory public meeting;
• recommend Council “refuse an application without prejudice”; to address minor
issues that may arise during the formal Zoning By-law Amendment application
stage, which cannot be resolved within the legislated timeframes; and
• permit reconsideration of Zoning By-law Amendments in select circumstances.
In addition to the procedural changes that will be instituted by staff, it is recommended
that Council approve the corresponding changes.
Staff recommends:
(a) That Council approve Recommended Amendment 46 to the Pickering Official
Plan by passing the by-law to adopt Amendment 46, as set out in Appendix I to
Report PLN 47-22;
(b) That Council approve an amendment to By-law 6942/09, Pre-consultation
By-law; and
(c) That Council approve an amendment to By-law 7918/22, General Municipal Fee
and Charges By-law.
Appendices
Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan
Appendix II Draft By-law to Amend By-law 6942/09, Pre-consultation By-law
Appendix III Draft By-law to Amend By-law 7918/22, General Municipal Fees
Attachments
1. Report PLN 22-22, Comments on proposed Bill 109, More Homes For Everyone
2. Planning Application Fee Review – Update Study, Watson & Associates
3. Current and Proposed Site Plan Approval process
4. Current and Proposed Zoning By-law Amendment process
PLN 47-22 December 5, 2022
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Prepared By:
Original Signed By
Paul Wirch, MCIP, RPP
Principal Planner, Policy
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Original Signed By
Nilesh Surti, MCIP, RPP
Manager, Development Review
& Urban Design
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
PW :ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #2 to Report PLN 09-23
Current Zoning By-law Amendment Process
Zoning By-law Amendment Application
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Zoning By-law Amendment Application
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Attachment #4 to Report PLN 09-23
234-2022-6136
December 22, 2022
Dear Head of Council:
Ontario’s housing supply crisis is a problem which has been decades in the making. It
will take both short-term strategies and long-term commitment from all levels of
government, the private sector, and not-for-profits to drive change. Each entity will have
to do their part to be part of the solution.
To help support this important priority, I am pleased to provide you with an update on
recent legislative and regulatory changes our government has made to help get 1.5
million homes built over the next 10 years.
Bill 109, the More Homes for Everyone Act, 2022
Bill 109, the More Homes for Everyone Act, 2022, was introduced on March 30, 2022
and received Royal Assent on April 14, 2022.
As part of the government’s More Homes for Everyone Plan, Schedule 5 of Bill 109
made changes to the Planning Act. Consequential changes were also made to the City
of Toronto Act, 2006.
Most of the Planning Act changes are now in effect except for the zoning and site plan
control fee refund provisions, which are due to come into force on January 1, 2023.
However, I am committed to bringing forward legislation to delay the effective date of
the fee refund changes from January 1, 2023 to July 1, 2023. These legislative changes
would be introduced in the new year.
In the event that any fee refunds become due to applicants before these legislative
changes are made, municipalities might consider not issuing refunds in the interim given
my express commitment to introduce legislation that, if passed, would retroactively
cancel the requirement.
You can find more information about Bill 109 on the Environmental Registry of Ontario
(019-5284), and the Ontario Legislative Assembly website.
…/2
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17th Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
Ministère des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17e étage
Toronto (Ontario) M7A 2J3
Tél. : 416 585-7000
-2-
Bill 23, More Homes Built Faster, 2022
Bill 23, the More Homes Built Faster Act, 2022, was introduced on October 25, 2022,
and received Royal Assent on November 28, 2022.
To support More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022–
2023, Schedule 9 of Bill 23 made changes to the Planning Act. Schedule 1 of Bill 23
also made similar changes to the City of Toronto Act, 2006 related to site plan
provisions. Schedule 3 of Bill 23 made changes to the Development Charges Act.
The planning-related and municipal development-related charges changes came into
force on November 28, 2022, except for provisions related to removal of planning
responsibilities from certain upper-tier municipalities, certain provisions related to
parkland dedication, and exemptions from municipal development-related charges for
affordable and attainable housing, which will come into force on a day in the future to be
named by proclamation. Provisions related to Conservation Authorities will take effect
January 1, 2023.
Bill 23 also made changes to legislation led by other ministries. Please see Appendix A
for an overview of the effective dates of the Bill 23 changes by schedule.
You can find more information about Bill 23 on the Environmental Registry of Ontario
(019-6163), and the Ontario Legislative Assembly website.
Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better
Municipal Governance Act, 2022
Bill 3, the Strong Mayors, Building Homes Act, 2022, was introduced on August 10,
2022, and received Royal Assent on September 8, 2022. Bill 3 and associated
regulations (O. Reg. 529/22 and O. Reg. 530/22) came into force on November 23,
2022.
Bill 39, the Better Municipal Governance Act, 2022, was introduced on November 16,
2022, and received Royal Assent on December 8, 2022. Bill 39, amendments to
associated regulations (O. Reg. 581/22 and O. Reg. 583/22), and additional regulations
to prescribe provincial priorities (O. Reg. 580/22 and O. Reg. 582/22) came into force
on December 20, 2022. Additional details can be found in Appendix B and on the
Ontario Legislative Assembly’s website (Bill 3 and Bill 39).
Sincerely,
Steve Clark
Minister
c: Chief Administrative Officer
Appendix A
Effective Dates for Bill 23, the More Homes Built Faster Act, 2022
Schedule Effective Date
Schedule 1: City of
Toronto Act, 2006
All of the changes in Schedule 1 (City of Toronto Act) came into force
on the day the bill received Royal Assent.
Note: The legislative changes to the City of Toronto Act include
amendments that give the Minister of Municipal Affairs and Housing
authority to make regulations imposing limits and conditions on how
municipalities can regulate the demolition and conversion of residential
rental properties of six units or more. No regulations have been made at
this time.
Schedule 2:
Conservation
Authorities Act
Changes in Schedule 2 (Conservation Authorities Act) came into force
the day the bill received Royal Assent, except for:
• On January 1, sections related to streamlining disposition of lands
for CAs comes into force which would allow CAs to sell or lease
land without Minister’s approval provided they follow rules around
public consultation and notifications.
• Also on January 1, sections that enable the Minister’s ability to issue
direction to freeze fees and ability to scope CA commenting on
development applications and land use planning policies through
regulation, would come into force but only have effect when the
Minister issues direction on fees or if a regulation prescribing Act
under which CA commenting roles is restricted is made.
• Changes related to CA permitting (including removal of
“conservation of land” and “pollution”, adding “unstable soil and
bedrock”, regulation making powers to exempt development from a
CA permit where it has been authorized under the Planning Act,
etc.) take effect on a later date (upon proclamation) once a new
regulation under Section 28 of the CA Act is in effect. MNRF
continues to consult on that regulation through the Environmental
Registry (#019-2927).
Schedule 3:
Development
Charges Act, 1997
All of the changes in Schedule 3 (Development Charges Act) came into
force on the day the bill received Royal Assent, with the exception of
provisions relating to development charge exemptions for affordable
and attainable housing units, which would take effect upon
proclamation.
Schedule 4:
Municipal Act,
2001
All of the changes in Schedule 4 (Municipal Act) came into force on the
day the bill received Royal Assent.
Note: The legislative changes to the Municipal Act give the Minister of
Municipal Affairs and Housing authority to make regulations imposing
limits and conditions on how municipalities can regulate the demolition
and conversion of residential rental properties of six units or more. No
regulations have been made at this time.
Schedule 5: New
Home Construction
Licensing Act,
2017
Many of the amendments in Schedule 5 (New Home Construction
Licensing Act) came into force on the day the bill received Royal
Assent.
The amendments regarding the maximum fine that a court may impose
for a subsequent conviction, as well as most of the amendments related
Schedule Effective Date
to administrative penalties, will come into force on February 1, 2023.
Schedule 6:
Ontario Heritage
Act
Most of the amendments to the Ontario Heritage Act (OHA) made
through the bill will be proclaimed into force on January 1, 2023. These
include:
• The new authorities under Part III.1 of the Act that relate to the
Standards and Guidelines for Conservation of Provincial Heritage
Properties.
• Most of the changes to procedures related to municipal registers,
including the process and requirements around inclusion of non-
designated properties on the municipal registers. However, the
requirement for municipalities to make their municipal registers
available on a publicly accessible website will not come into force
until July 1, 2023 to provide municipalities with time to ensure
compliance.
• Limiting the ability to issue a Notice of Intention to Designate a
property subject to a prescribed event to only those properties
included on a municipal register.
• The authority to prescribe criteria for determining cultural heritage
value or interest for the purposes of including non-designated
properties on the municipal register and designating a Heritage
Conservation District (HCD).
• The authority to set out processes to amend and repeal HCD bylaw
in regulation. Note, the Ministry of Citizenship and Multiculturalism
will consult on the development of these processes to be set out in
regulation in 2023.
Regulatory amendments to O.Reg. 9/06: Criteria for Determining
Cultural Heritage Value or Interest will also come into force on January
1, 2023. These changes establish that non-designated properties
included on a register must meet one or more of the criteria outlined in
the regulation, and that individual properties and HCDs must meet two
or more of the criteria included in the regulation in order to be
designated. The regulation also includes transitionary provisions to
address matters underway at the time of the changes coming into force.
The outstanding amendments to the OHA made through Bill 108, the
More Homes, More Choice Act, 2019, will also be proclaimed into force
on January 1, 2023. The amendments speak specifically to the
demolition or removal of an attribute that is not a building or structure
within an HCD.
Regulatory amendments to O.Reg. 358/21: General will come into force
on January 1, 2023. These amendments include consequential
housekeeping amendments and transition provisions related to the
above legislative amendments coming into force.
Bill 23 included some minor housekeeping amendments to the OHA
that came into force upon Royal Assent. These included repealing the
alternative definition of “alter”.
Schedule 7:
Ontario Land
Tribunal Act, 2001
The changes in Schedule 7 (More Homes Built Faster Act, 2022) will
come into force on proclamation.
Schedule Effective Date
Schedule 8:
Ontario
Underground
Infrastructure
Notification System
Act, 2012
The changes in Schedule 8 (Ontario Underground Infrastructure
Notification System Act, 2012) came into force on the day the bill
received Royal Assent.
Schedule 9:
Planning Act
The changes in Schedule 9 (Planning Act) all came into force on the
day the bill received Royal Assent, with the following exceptions:
• provisions related to removal of planning responsibilities from
certain upper-tier municipalities, which would come into force on a
day to be named by proclamation.
• provisions related to the exemption of community benefits charge
and parkland dedication requirements for affordable and attainable
housing units
• provisions related encumbered land to be conveyed to
municipalities by developers for park or other recreational purposes
• provisions related to Conservation Authorities (linked to the changes
in Schedule 2) will take effect January 1, 2023
Schedule 10:
Supporting Growth
and Housing in
York and Durham
Regions Act, 2022
Except as otherwise provided, the Act set out in Schedule 10 came into
force on the day bill received Royal Assent.
• Sections 7 to 10, subsection 11 (5) and section 14 come into force
on a day to be named by proclamation of the Lieutenant Governor.
Once in force, these sections will require a prescribed municipality
to develop, construct, and operate the Lake Simcoe phosphorus
reduction project and allow the Ontario Clean Water Agency to
undertake some or all of that project if ordered to do so by the
Lieutenant Governor in Council. The project will also be exempt
from the Environmental Assessment Act.
• Subsection 85 (1) comes into force on the later of the day
subsection 44 (1) of this Act comes into force and the day section 2
of Schedule 5 to the Accelerating Access to Justice Act, 2021
comes into force. Subsection 85 (1) makes consequential changes
to the Act arising out of changes to the Expropriations Act in respect
of alternative hearings processes.
• Subsection 85 (2) comes into force on the later of the day section
61 of this Act comes into force and the day section 42 of Schedule 4
to the Comprehensive Ontario Police Services Act, 2019 comes into
force. Subsection 85 (2) makes consequential changes to the Act
arising out of the Comprehensive Ontario Police Services Act, 2019
consistent with other Ministry of the Environment, Conservation and
Parks legislation. The change would allow a person undertaking an
inspection to obtain the assistance of the local police force rather
than the Ontario Provincial Police Force.
Appendix B
Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better
Municipal Governance Act, 2022
As a result of Bills 3 and 39, changes were made to the Municipal Act, 2001, City of Toronto
Act, 2006 and the Municipal Conflict of Interest Act, and regulations were established to
give the mayors in Toronto and Ottawa strong mayor powers to help advance shared
provincial-municipal priorities, including building new homes. These powers include:
• Choosing to appoint the municipality’s chief administrative officer,
• Hiring certain municipal department heads, and establish and re-organize departments,
• Creating committees of council, assigning their functions and appointing the Chairs and
Vice-Chairs of committees of council, and
• Proposing the municipal budget, subject to council amendments and a head of council
veto and council override process.
The mayors of Toronto and Ottawa can also use strong mayor powers related to provincial
priorities. These include:
• Vetoing certain by-laws if the mayor is of the opinion that all or part of the by-law could
potentially interfere with a provincial priority,
• Bringing forward matters for council consideration if the mayor is of the opinion that
considering the matter could potentially advance a provincial priority, and
• Proposing certain municipal by-laws if the mayor is of the opinion that the proposed by-
law could potentially advance a provincial priority. Council can pass these by-laws if
more than one-third of council members vote in favour.
The provincial priorities for the purposes of strong mayor powers are prescribed in O. Reg.
580/22 and O. Reg. 582/22 and they are:
1. Building 1.5 million new residential units by December 31, 2031.
2. Constructing and maintaining infrastructure to support housing, including, transit, roads,
utilities, and servicing.