Municipal official plans are the primary vehicle for implementing the PPS and provincial plans. Having up-to-date official plans that reflect provincial interests and integrate planning for matters that affect land-use decisions such as sewer and water, transportation, affordable housing, economic development and cultural heritage, provides a foundation for economic readiness and timely decisions on planning applications.
An official plan describes your municipality’s goals and objectives on how land should be used over the long term and includes specific policies to meet the needs of your municipality. It is prepared with broad input from you and your municipality’s citizens, businesses, community groups, stakeholders and Indigenous communities.
As a councillor, it is your role to make decisions on new official plans, plan updates and privately and municipally proposed amendments to the plan. You must also ensure that those decisions are consistent with the PPS, and conform with or do not conflict with any applicable provincial plan.
It is important for your official plan to be up-to-date. Your official plan addresses issues such as:
where new housing, industry, offices and shops will go and how the built environment will look and function
what environmental features and farmland are to be protected
specific actions to be taken to achieve the provision of affordable housing
what services, like roads, water mains, sewers, parks and schools, will be needed (and the financial implications of maintaining them through, for example, alignment with your asset management plan)
when, and in what order, parts of your municipality will grow
community improvement initiatives
measures and procedures for informing and obtaining the views of the public on planning matters
When preparing an official plan or amending an existing one, municipalities must inform the public and give people an opportunity to voice their concerns and opinions. For example, council must hold at least one public meeting before the plan is adopted.
In the case of a statutory official plan update, a public open house must be held prior to the public meeting. At the beginning of the review process a special meeting of council must be held to discuss the changes that may be required.
Where the ministry is the approval authority, a copy of the proposed official plan or official plan amendment must be submitted to the ministry at least 90 days prior to the municipality providing notice of a public meeting.
When an official plan has been adopted, the Planning Act requires that notice of adoption be given to any person who asked for it. Once adopted by the municipality, a copy of the official plan is sent for final approval to the appropriate approval authority.
The approval authority is the Minister or the upper-tier municipality that has been assigned the authority to approve lower-tier municipal official plans. It is the responsibility of the approval authority to approve, refuse or modify the plan in whole or in part. Once notice of approval is given, there is a 20-day appeal period provided for in the Planning Act. If no appeal is made, the plan comes into effect once the 20-day period has expired. There is no appeal of a Minister’s decision on a new official plan or official plan update.
However, if part of the plan is appealed or if there is an appeal of the approval authority’s failure to make a decision within the legislated timeframe, the Ontario Land Tribunal would deal with the matters under appeal. After an appeal is made, Council has the authority to suspend the appeal process for 60 days prior to sending the appeal record to the Ontario Land Tribunal to allow time for possible mediation. This allows for a pause in the process to work out disputes and potentially avoid a Ontario Land Tribunal hearing. If the matter proceeds to a hearing, the Tribunal must have regard to the local decision and make its decision based on the facts presented at a hearing.
The Tribunal has authority to make a final decision on the matter and will seek to make the “best” planning decision while making sure their decisions are consistent with the PPS and conform with any applicable provincial plans and municipal official plans. In making its decision, the Tribunal can allow or dismiss the appeal and approve, approve as modified or refuse to approve all or part of the plan or amendment.
Council initiates the process for an official plan amendment
The proposed official plan amendment is prepared. Following this, notice and information is provided to the public and the approval authority is consulted. Other agencies may also be consulted
If the amendment is an official plan update under section 26 of the Planning Act, such as a statutory official plan review, an open house must be held prior to council holding a public meeting. This step is not required for all other official plan amendments
A public meeting is held
Council adopts the official plan amendment
Council gives notice of adoption and sends the official plan amendment to the approval authority
The approval authority may consult (as needed), makes a decision on the official plan amendment, and gives notice of its decision. The official plan amendment comes into effect if there are no appeals within the 20-day appeal period
Possible appeal to the Ontario Land Tribunal (OLT): With some restrictions, any qualifying person or public body may appeal the approval authority’s decision to the OLT. However, where the Minister is the approval authority (for matters under section 26 of the Planning Act), there is no ability to appeal the Minister’s decision on an official plan update
If an appeal is made, the record of the approval authority’s decision is sent to the OLT. The OLT will then give notice of appeal and mandatory case management conference
A mandatory case management conference is held. At the case management conference, there is an opportunity to discuss possible settlement, including mediation and to identify, define and/or narrow issues
Mediation can take place on all or some of the issues
If a hearing is required, the OLT has authority to make a final decision on the matter and may dismiss the appeal without holding a hearing or will hold a hearing and make a final decision except when a provincial interest is declared.
As a councillor, you should be aware that council may amend an official plan at any time. For example, the needs of a community evolve and changes to your official plan may be necessary to address new and emerging social, economic and environmental matters that your current plan does not address. These changes may be made through an official plan amendment, which is prepared and approved in the same manner as the plan itself. An amendment can be initiated by the municipality or by the public. It is important to note, however, that applications to amend a new, comprehensive official plan are not permitted for two years after the new official plan comes into effect, unless your council passes a resolution to allow these applications to proceed.
In addition, the official plan amendments of some municipalities are exempt from approval. In these cases, the approval authority has exempted a municipality from requiring its formal approval of the amendment. After a municipality gives notice of its adoption of an official plan amendment, any person, or public body that has made a verbal presentation or a written submission prior to adoption, or the approval authority/Minister, can appeal the adoption to the Ontario Land Tribunal. This appeal must be made within the 20-day appeal period allowed by the Planning Act, and the amendment must be of the type permitted to be appealed by the Planning Act.
If there is no appeal, the amendment comes into effect automatically on the day after the 20-day appeal period expires. You may wish to ask your municipal staff if your municipality’s official plan amendments are exempt from approval by the approval authority.
Your municipality’s official plan provides the overall direction and guidance for planning in your community. Once approved, it means that:
you and the rest of council and municipal staff must follow the plan
all public works (for example, new sewers) must conform with the plan
all by-laws must conform with the plan
If your municipality has an official plan, you are required to review and update the official plan to ensure that it conforms or does not conflict with provincial plans, has regard to matters of provincial interest and is consistent with the PPS. If your municipality creates a new official plan or replaces an existing official plan in its entirety, it will need to be reviewed and updated no later than 10 years after it comes into effect. A five-year review and update cycle continues to apply in situations where an official plan is being updated and not replaced in its entirety.