THE BASICS – THREE APPLICATIONS

Legal Jurisdiction ~ Official Plan Amendment Application

Jurisdictional authority and approval responsibilities for an official plan amendment application lie with one or more of the following government bodies or agencies:

• Local municipal council, county council and/or regional government
• Minister of Municipal Affairs and Housing (MMAH)
• Federal Minister of Fisheries and Oceans (DFO) under the Fisheries Act
• Conservation Authority
• Federal Minister of Transport under the Navigable Waters Protection Act
• Minister of the Environment & Climate Change
• Ontario Minister of Agriculture, Food & Rural Affairs (OMAFRA)
• Minister of Tourism, Culture & Sport

Review Responsibilities ~ Official Plan Amendment Application

Planning reports and technical reports submitted in support of an official plan amendment application may be reviewed by the following government bodies and agencies. Written review comments are prepared and should be made available for public review upon request:

• Municipal, county and/or regional staff and consultants
• Conservation authority staff
• Other public bodies and agencies (e.g. Niagara Escarpment Commission)
• Ministry of Municipal Affairs and Housing (MMAH) staff
• Ministry of the Environment & Climate Change (MOECC) staff
• Federal Department of Fisheries and Oceans staff under the Fisheries Act
• Federal Ministry of Transport staff under the Navigable Waters Protection Act
• Ministry of Tourism, Culture & Sport staff
• Ontario Ministry of Agriculture, Food & Rural Affairs (OMAFRA) staff

Note: Ministry of the Environment & Climate Change staff will review and comment on planning and technical reports submitted in support of an official plan amendment application at the request of local municipal, county or regional staff and the MMAH.

Actions you can take…

• Request copies of all written review comments, memos and e-mail messages.
• Inquire as to the professional qualifications, education and expertise (e.g. engineering degree) of all reviewers. Municipal staff and others identified above may not be qualified to conduct a comprehensive peer review of site plans, planning reports and technical reports submitted in support of official plan amendment applications (e.g. noise, air quality, hydrology, hydrogeology, natural environment, transportation, agriculture, soils, natural and human-made hazards, rehabilitation).

Public Access to Reports and Information ~ Official Plan Amendment Application

In order to read and understand information submitted in support of an official plan amendment application, the public, by law, has to be given access to planning reports and all other relevant information Under Section 17(15), Section 21. (1) and Section 22. (5) of the Planning Act, “adequate information” is to be made available to the public about the proposed official plan amendment.

Actions you can take…

• Contact your local municipal office(s) or the applicant and request copies of the official plan amendment application, all planning and technical reports prepared in support of the official plan application, peer review comments and all communications including letters, memos and e-mail messages.
• A request by a citizen to review information submitted in support of an official plan amendment application must be respected. You may be told to visit a government office to view information and reports. You may have employment responsibilities and cannot access information during regular business hours or you may want to review information at a time that is suitable to you. Your time is valuable!
• Do not pay for any copies of information. You are not obliged to absorb copying costs for information that you are legally entitled to have.
• If you visit a government office, ask to review the entire information file(s). Make a written record of documents, memos and e-mail messages of interest to you. Include the date, parties and a brief summary of content.
• If you are denied access to an information file(s) or portions of an information file(s), you have the right to request access to government-held information under the following acts: – Freedom of Information and Protection of Privacy Act – Municipal Freedom of Information and Protection of Privacy Act. Online access: https://www.ontario.ca/laws/statute/90f31. You must complete a request form, or write a letter to the Information and Privacy Commissioner of Ontario stating that you are requesting information under one of the two Acts. Request forms are available from municipal, government agency and ministry offices or on-line at www.ipc.on.ca .

Required Public Notice, Consultation & Timelines ~ Official Plan Amendment Application

Under Section 17 and Section 22 of the Planning Act, the municipal council shall hold at least one public meeting and make available to the public a copy of the proposed official plan amendment at least 20 days before the public meeting is held.

Note:

• Under Section 22.(7) of the Planning Act, if the local municipal council, county council or regional government body refuses to adopt the requested amendment or fails to adopt the requested official plan amendment within 180 days, the proponent may appeal to the Ontario Municipal Board (OMB) for a hearing.
• If the local municipality, county, or regional government refuses to adopt an official plan amendment, the requirement to hold a public meeting is waived (Planning Act, Section 22. (3)). The Planning Act appears silent in respect to waiving a public meeting if the local municipality, county, or regional government fails to adopt an official plan amendment within 180 days and the proponent has appealed to the Ontario Municipal Board (OMB) for a hearing. Actions you can take…
• Request information from the local municipal, county and/or regional office to determine how the public is to be notified of the public meeting (e.g. mail, newspaper, posted sign).

Public Participation ~ Official Plan Amendment Application

Actions you can take…

• Attend the public meeting held under Section 17. (15) and Section 22. (1) of the Planning Act for an official plan amendment application. – Register your name and other details on the attendance form available at the public meeting(s). – Ask questions and provide oral comments if you feel comfortable speaking. – Public comment sheets may be available at the meeting; however, if you comment using these sheets, it is essential that you re-submit your questions and comments about the official plan amendment application by mail following the public meeting. You will then have a copy of your written submission for reference purposes.
• Make written submissions expressing your opinions regarding the application. Under Section 17. (20) and Section 17. (21) of the Planning Act, any person or public body may make written submissions to the council up to the time specified by the council and before the official plan amendment is adopted. Note: Under Section 17. (19) and Section 17. (34) of the Planning Act the council must ensure that information is made available at the public meeting regarding the power of the Ontario Municipal Board (OMB) to dismiss an appeal if an appellant has not provided the council with oral submissions at a public meeting or written submissions before an official plan amendment is adopted.

Legal Jurisdiction ~ Zoning By-Law Amendment Application

Jurisdictional authority and approval responsibilities for a zoning by-law amendment application lie with one or more of the following government bodies or agencies:

• Local municipal council, county council and/or regional government
• Minister of Municipal Affairs and Housing (MMAH)
• Federal Minister of Fisheries and Oceans (DFO) under the Fisheries Act
• Conservation Authority
• Federal Minister of Transport under the Navigable Waters Protection Act
• Minister of the Environment
• Minister of Tourism, Culture & Sport
• Ontario Minister of Agriculture, Food & Rural Affairs (OMAFRA)

Review Responsibilities ~ Zoning By-law Amendment Application

Planning reports and technical reports submitted in support of a zoning by-law amendment application may be reviewed by the following government bodies and agencies. Written review comments are prepared and should be made available for public review:

• Municipal, county and/or regional staff and consultants
• Conservation authority staff
• Other public bodies and agencies (e.g. Niagara Escarpment Commission)
• Ministry of Municipal Affairs and Housing (MMAH) staff
• Ministry of the Environment & Climate Change (MOECC) staff
• Federal Department of Fisheries and Oceans staff under the Fisheries Act
• Federal Ministry of Transport staff under the Navigable Waters Protection Act
• Ministry of Tourism, Culture & Sport
• Ontario Ministry of Agriculture, Food & Rural Affairs (OMAFRA) staff

Note: Ministry of the Environment staff will review and comment on planning and technical reports submitted in support of a zoning by-law amendment application at the request of local municipal, county or regional staff and the MMAH.

Actions you can take…

• Request copies of all written review comments, memos and e-mail messages.
• Inquire as to the professional qualifications, education and expertise (e.g. engineering degree) of all reviewers. Municipal staff and others identified above may not be qualified to conduct a comprehensive peer review of site plans, planning reports and technical reports submitted in support of official plan amendment applications (e.g. noise, air quality, hydrology, hydrogeology, natural environment, transportation, agriculture, soils, natural and human-made hazards, rehabilitation).

Public Access to Reports and Information ~ Zoning By-law Amendment Application

In order to read and understand information submitted in support of a zoning by-law amendment application, the public, by law, has to be given access to planning reports and all other relevant information Under Section 34. (10), Section 34. (12) and Section 34. (17) of the Planning Act “sufficient information” is to be made available to the public about the proposed zoning by-law amendment.

Actions you can take…

• Contact your local municipal office(s) or the applicant and request copies of the zoning by-law amendment application, all planning and technical reports prepared in support of the official plan application, peer review comments and all communications, including letters, memos and e-mail messages.
• A request by a citizen to review information submitted in support of a zoning by-law amendment application must be respected. You may be told to visit a government office to view information and reports. You may have employment responsibilities and cannot access information during regular business hours or you may want to review information at a time that is suitable to you. Your time is valuable!
• Do not pay for any copies of information. You are not obliged to absorb copying costs for information that you are legally entitled to have.
• If you visit a government office, ask to review the entire information file(s). Make a written record of documents, memos and e-mail messages of interest to you. Include the date, parties and a brief summary of content.
• If you are denied access to an information file(s) or portions of an information file(s), you have the right to request access to government-held information under the following acts: – Freedom of Information and Protection of Privacy Act – Municipal Freedom of Information and Protection of Privacy Act. Online access: https://www.ontario.ca/laws/statute/90f31.

You must complete a request form, or write a letter to the Information and Privacy Commissioner of Ontario stating that you are requesting information under one of the two Acts. Request forms are available from municipal, government agency and ministry offices or on-line at www.ipc.on.ca . Forward the completed form or letter to the Freedom of Information Privacy Coordinator at the government office most likely to have the information you want. A $5.00 fee must accompany your request, payable to the “Minister of Finance” or the appropriate local government organization. Other costs may be assigned in order to reply to your request for information (e.g. staff time required to locate and prepare records requested, photocopying, and shipping). Be aware that these costs may be substantial. Once the municipal, government agency or ministry office receives your request and the application fee, you are entitled to a response within 30 days. If a government office denies you access to information, it must provide reasons in writing for doing so, and inform you of your right to appeal the decision to the Office of the Information and Privacy Commissioner. The appeal fee is $25.00. The appeal must be filed within 30 days of receiving a decision from the government organization.

Required Public Notice, Consultation & Timelines ~ Zoning By-law Amendment Application

Under Section 34 of the Planning Act, the municipal council before passing a zoning by-law amendment shall hold at least one public meeting and ensure that sufficient information is made available to the public. The public meeting must be held not sooner than 20 days after the requirements for giving the notice have been complied with.

Note:

• Under Section 34. (11) of the Planning Act, if the council refuses to approve the zoning by-law amendment or refuses to make a decision within 120 days after the application has been received, the proponent may appeal to the Ontario Municipal Board (OMB) for a hearing.
• Under Section 34. (17) of the Planning Act, where a change is made to a proposed by-law after the public meeting, the council shall determine if any further notice is to be given in respect to the proposed by-law. The public has the right to request that a second public meeting he held.
• The Planning Act appears silent in respect to waiving a public meeting if the council refuses to approve the zoning by-law amendment or refuses to make a decision within 120 days after the zoning by-law application has been received. Actions you can take…
• Request information from the local municipal office to determine how the public is to be notified of the public meeting (e.g. mail, newspaper, posted sign).

Public Participation ~ Zoning By-Law Amendment Application

Actions you can take…

• Attend the public meeting held under Section 34. (12) of the Planning Act for a zoning by-law amendment application. – Register your name and other details on the attendance form available at the public meeting(s). – Ask questions and provide oral comments if you feel comfortable speaking. – Public comment sheets may be available at the meeting; however, if you comment using these sheets, it is essential that you re-submit your questions and comments about the zoning by-law amendment application by mail following the public meeting. You will then have a copy of your written submission for reference purposes later.
• Make written submissions expressing your opinions regarding the application. Under Section 34. (13) of the Planning Act, any person who attends the meeting shall be afforded an opportunity to make representations in respect of the zoning amendment application. Note: Under Section 34. (14.1) and Section 34. (25) of the Planning Act the council shall ensure that information is made available at the public meeting regarding the power of the Ontario Municipal Board (OMB) to dismiss an appeal if an appellant has not provided the council with oral submissions at a public meeting or written submissions before a zoning by-law amendment is passed.

Legal Jurisdiction ~ Aggregate License Application

Jurisdictional authority and approval responsibilities for an aggregate license application lie with one or more of the following government bodies or agencies:

• Local municipal council, county council and/or regional government
• Minister of Municipal Affairs and Housing (MMAH)
• Federal Minister of Fisheries and Oceans (DFO) under the Fisheries Act
• Conservation Authority
• Federal Minister of Transport under the Navigable Waters Protection Act
• Minister of the Environment & Climate Change (MOECC)
• Minister of Tourism, Culture & Sport
• Ontario Minister of Agriculture, Food & Rural Affairs (OMAFRA)

Review Responsibilities ~ Aggregate License Application

The following documents are to be submitted by the applicant to the District Office of the Ministry of Natural Resources & Forestry:

• Aggregate license application
• Summary report
• Technical reports
• Site plan MNRF staff have 20 days to determine if the license application is complete. Once the application is determined by the MNRF to be complete, the applicant may proceed with the notification and consultation standards. Note: It was common in the past for the Ministry of Natural Resources to request that the Ministry of the Environment review and comment on technical reports and site plans submitted in support of an aggregate license application. Currently, it is not clear if the MNRF requests the MOECC to review and comment on technical reports and site plans.

Actions you can take…

• Request copies of all documents submitted by the applicant.
• Request copies of all written review comments, memos and e-mail messages.
• Inquire as to the professional qualifications, education and expertise (e.g. engineering degree) of all reviewers. Municipal staff and others identified above may not be qualified to conduct a comprehensive peer review of site plans, planning reports and technical reports submitted in support of official plan amendment applications (e.g. noise, air quality, hydrology, hydrogeology, natural environment, transportation, agriculture, soils, natural and human-made hazards, rehabilitation).

Public Access to Reports and Information ~ Aggregate License Application

In order to read and understand information submitted in support of an aggregate license application, the public, by law, has to be given access to planning reports and all other relevant information Under Section 11 of the Aggregate Resources Act and Section 4 of the ARA Provincial Standards (Prescribed Notification and Consultation), “all details of the proposal” must be outlined to the public.

Actions you can take…

• Contact the district MNRF Office and request copies of the license application, the site plan, the Summary Statement Report, and Technical Reports prepared in support of the license application, peer review comments and all communications, including letters, memos and e-mail messages.
• A request by a citizen to review information submitted in support of a license application must be respected. You may be told to visit a government office to view information and reports. You may have employment responsibilities and cannot access information during regular business hours or you may want to review information at a time that is suitable to you. Your time is valuable!
• Do not pay for any copies of information. You are not obliged to absorb copying costs for information that you are legally entitled to have.
• If you visit a government office, ask to review the entire information file(s). Make a written record of documents, memos and e-mail messages of interest to you. Include the date, parties and a brief summary of content.
• If you are denied access to an information file(s) or portions of an information file(s), you have the right to request access to government-held information under the following acts: – Freedom of Information and Protection of Privacy Act – Municipal Freedom of Information and Protection of Privacy Act. Online access: www.e-laws.gov.on.ca.

You must complete a request form, or write a letter to the Information and Privacy Commissioner of Ontario stating that you are requesting information under one of the two Acts. Request forms are available from municipal, government agency and ministry offices or on-line at www.ipc.on.ca. Forward the completed form or letter to the Freedom of Information Privacy Coordinator at the government office most likely to have the information you want. A $5.00 fee must accompany your request, payable to the “Minister of Finance” or the appropriate local government organization. Other costs may be assigned in order to reply to your request for information (e.g. staff time required to locate and prepare records requested, photocopying, and shipping). Be aware that these costs may be substantial. Once the municipal, government agency or ministry office receives your request and the application fee, you are entitled to a response within 30 days. If a government office denies you access to information, it must provide reasons in writing for doing so, and inform you of your right to appeal the decision to the Office of the Information and Privacy Commissioner. The appeal fee is $25.00. The appeal must be filed within 30 days of receiving a decision from the government organization.

Required Public Notice, Consultation & Timelines ~ Aggregate License Application

Under Section 11 of the Aggregate Resources Act and Section 4 of the ARA Provincial Standards, specific notification and consultation standards for each License Category (1 to 8) are set out. Here’s what the applicant must do:

• The license applicant must provide written notice delivered personally or by registered mail to landowners within 120 metres of the proposed pit boundary.
• The applicant must give notice in one issue of one local newspaper.
• A 45-day notification period begins with publication in the newspaper.
• An information sign must be posted on the boundary of the site before the notification appears in the newspaper.
• The applicant must hold a public information session (e.g. open house, community meeting) within the 45 day notification period and notice of the meeting must be given 20 days prior to the meeting. Actions you can take…
• Visit the Ministry of Natural Resources & Forestry web site at https://www.ontario.ca/ministry-natural-resources-and-forestry. Familiarize yourself with the regulations. Notification and consultation standards for license applications are somewhat onerous and the period for public comment is very tight.
• Request from the Ministry of Natural Resources & Forestry district office a copy of the Provincial Standards for the license category (e.g. 1, 2, 3…) listed on the license application. On-line access for the Provincial Standards under the Aggregate Resources Act is https://www.ontario.ca/page/application-standards-proposed-pits-and-quarries

Public Participation ~ Aggregate License Application

Actions you can take…

• Attend the public information session for the aggregate license application held under the Aggregate Resources Act and Section 4 of the ARA Provincial Standards. – Register your name and other details on the attendance form. – These sessions can be a “come-and-go” event so the public has to view site plans on display and ask questions of the applicant’s consultants on an individual basis. – The “come-and-go” information session offers a less than satisfactory format as there is no audience setting where questions and comments about the license application can be heard by all those in attendance.
• Public comment sheets may be available at the meeting; however, if you comment using these sheets, it is essential that you re-submit your questions and comments about the license application to the district office of the MNRF and the license applicant by mail following the public meeting and within 10 days after the license application information session has been held. You will then have a copy of your written submission for reference purposes later when the applicant has to try to resolve your objections.
• Be aware that Section 4 of the Provincial Standards issued under the Aggregate Resources Act requires the applicant to attempt to resolve all objections. The applicant must obtain written confirmation (withdrawal) from all objectors indicating their objections have been addressed. If objections have not been resolved, the applicant shall send recommendations for resolving objections. The objector must then submit to the Ministry of Natural Resources & Forestry (MNRF) and the applicant within 20 days recommendations that may resolve the objections. The recommendations shall be delivered personally or by registered mail within the 20 days, or it will be deemed that there is no longer an objection. In any case, an objector should notify the MNRF and the applicant within the 20 day period if objections have not been addressed. Note: Comments received through the EBR Registry should not be construed as an objection under the Aggregate Resources Act (ARA) and Section 4 of the Provincial Standards.