That
the Rules of Procedure be waived to consider and approve the following motion:
WHEREAS the Provincial Legislature amended the provisions of the Planning
Act through Bill 51 to enhance the role of Municipal Councils in the
planning process; and
WHEREAS during the debate on Bill 51, the Minister of Municipal Affairs
and Housing stated:
I
can’t repeat that often enough. The OMB should not be a primary decision body,
but should deal strictly with appeals of matters that come before council, on
which a council decision is made, and whether or not that decision is in
accordance with the provincial policy statement and the municipality’s own
official plan; and
WHEREAS a key provision in enhancing the role of Municipal Councils was
the addition of Section 2.1 to the Planning Act which required that
regard be had to decisions under the Planning Act by the Municipal
Council; and
WHEREAS the Ontario Municipal Board recently overturned the decision of
the Council of the City of Ottawa refusing an amendment to Official Plan of the
City of Ottawa in respect of the Secondary Official Plan policies applicable to
the Village of Manotick; and
WHEREAS the City of Ottawa sought and received leave to appeal the
Board’s decision on the issue that the Board erred in its interpretation of its
obligation to have regard for Council’s decision; and
WHEREAS the Divisional Court released its decision on Friday, November
13th, 2009; and
WHEREAS the majority of the Court ruled that the legal standard required
by the test of “having regard to” a decision is only to have minimal deference
to the decision of the Council; and
WHEREAS the effect of this decision is to negate the intended
strengthening of the role of Municipal Councils through the amendments to the Planning
Act contained within Bill 51; and
WHEREAS there are at this time amendments to the Planning Act
before the Provincial Legislature within Bill 212, the Good Government Act,
2009, and therefore there is the ability to further amend the Planning
Act in an expeditious manner; and
WHEREAS, as opposed to the City of Ottawa proceeding to the Ontario
Court of Appeal, and the resulting costs that would be borne by both the City
and the applicant, the Provincial Government has the immediate opportunity
through Bill 212 to further amend the Planning Act to clarify the
strengthened role for all Municipal Councils;
THEREFORE BE IT RESOLVED THAT the Council of the City of Ottawa calls
upon the Government of the Province of Ontario to immediately introduce further
amendments to the Planning Act, as part of Bill 212, to ensure that the
primary and paramount role of Municipal Councils in the planning process is
given legal effect in the Planning Act.
AND BE IT FURTHER RESOLVED THAT the City Clerk and Solicitor is directed
to circulate this resolution to AMO and all municipalities to seek their
support for such amendments.