The Ontario Land Tribunal (former LPAT and OMB) is a provincially appointed body that has the final say on
development issues in our community. Often times, developers appeal Council’s decisions on the implementation our local Official Plan for various reasons. More times than not, the OLT sides with the development community. I personally struggle that a board (usually 3 people), who do not live in our community, have the final say on how our provincially and York Region approved official plan shall be implemented. The OLT’s decision is final and unappealable.
I am now more convinced that our local council should have the final say on how we implement our local official plan. I also believe that the community, our local residents, have the ultimate appeal tool if they do not like how a local council is implementing our official plan. There’s an election every 4 years and we can be voted out.
This motion asking the province to dissolve the OLT is important for our council to debate and the community to speak into. Don’t miss the opportunity. We will be discussing this motion at the March 2, 2022 Council meeting. Mark your calendars.
Notice of Motion
Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and
Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of (our) community”; and
Whereas our Official Plan includes provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and
Whereas our Official Plan is ultimately approved by the province; and
Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of Whitchurch-Stouffville’s Official Plan; and
Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of Whitchurch-Stouffville’s Official Plan; and
Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of Whitchurch-Stouffville; and
Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans; and
Whereas all decisions—save planning decisions—made by Municipal Council are only subject to appeal by judicial review and such appeals are limited to questions of law and or process; and
Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and
Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and
Whereas lengthy, costly OLT hearings add years to the development approval process and act as a barrier to the development of attainable housing;
- Now Therefore Be It Hereby Resolved That Whitchurch-Stouffville Council requests the Government of Ontario to dissolve the OLT immediately thereby eliminating one of the most significant sources of red tape delaying the development of more attainable housing in Ontario;
- and Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario;
- and Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.
