Proposed changes to certain land division provisions in the Planning Act
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Planning Act
Summary of Proposal:
Subdivision control is a set of rules established under the Planning Act that aims to prevent the indiscriminate subdivision of land. Subdivision control ensures that before most interests in land are created, they are evaluated by some level of government, in keeping with land use planning principles to ensure that any long-term impacts related to the creation of the parcel or other interest are addressed.
The government is proposing changes to the Planning Act related to control of the division of land (subdivision control, plans of subdivision, consents and validations), as well as other housekeeping or consequential changes to the Act.
The proposed changes would make minor policy changes, while also addressing issues of clarity and other administrative and procedural matters in relation to the subdivision control provisions of the Planning Act. This would eliminate red tape in consenting authority procedures, address some unintended consequences and other outcomes that can arise through the existing legislation and which pose a hardship for owners of real property.
The proposed Planning Act amendments summarized in this notice, if approved, would not affect environmental, agricultural or other land use planning policies, plans and objectives, and would not affect Greenbelt protections.
See link to the ERO posting (below) for more info on the proposal.
The government is proposing changes to the Planning Act related to control of the division of land (subdivision control, plans of subdivision, consents and validations), as well as other housekeeping or consequential changes to the Act.
The proposed changes would make minor policy changes, while also addressing issues of clarity and other administrative and procedural matters in relation to the subdivision control provisions of the Planning Act. This would eliminate red tape in consenting authority procedures, address some unintended consequences and other outcomes that can arise through the existing legislation and which pose a hardship for owners of real property.
The proposed Planning Act amendments summarized in this notice, if approved, would not affect environmental, agricultural or other land use planning policies, plans and objectives, and would not affect Greenbelt protections.
See link to the ERO posting (below) for more info on the proposal.
Analysis of Regulatory Impact:
Costs/Savings to Municipalities:
-Direct compliance costs for municipalities would include the staff time to learn about the changes and update procedures. The new legislative requirements would result in a total direct one-time compliance cost of approximately $595,000 for to the municipal sector.
-However, costs could be mitigated if the Ministry provides training and clear guidance to support implementation.
-It is estimated that the municipal sector will save approximately $153,500 annually by reducing the number of consent applications reviewed.
Costs/Savings to Real Estate Sector and landowners:
-The primary business that would be impacted by direct compliance are real estate law practitioners. However, it is anticipated that the costs associated with these practitioners being trained on the changes would be limited because training would be accommodated via regular professional and continuing education workshops and would have no additional costs.
-The proposed changes if approved and implemented have the potential to save landowners, leaseholders, consent applicants, purchasers of lands, insurance providers and real estate law practitioners and professionals, and municipalities a combined estimated $6,803,500 annually.
-Direct compliance costs for municipalities would include the staff time to learn about the changes and update procedures. The new legislative requirements would result in a total direct one-time compliance cost of approximately $595,000 for to the municipal sector.
-However, costs could be mitigated if the Ministry provides training and clear guidance to support implementation.
-It is estimated that the municipal sector will save approximately $153,500 annually by reducing the number of consent applications reviewed.
Costs/Savings to Real Estate Sector and landowners:
-The primary business that would be impacted by direct compliance are real estate law practitioners. However, it is anticipated that the costs associated with these practitioners being trained on the changes would be limited because training would be accommodated via regular professional and continuing education workshops and would have no additional costs.
-The proposed changes if approved and implemented have the potential to save landowners, leaseholders, consent applicants, purchasers of lands, insurance providers and real estate law practitioners and professionals, and municipalities a combined estimated $6,803,500 annually.
Further Information:
Proposed changes to certain land division provisions in the Planning ActProposal Number:
21-MMAH008
Posting Date:
April 15, 2021
Comments Due Date:
May 25, 2021
Contact Address:
PlanningConsultation@Ontario.ca
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