1. Realtors Association of Hamilton/Burlington
June 15, 2018

2. Presentation Objectives
Land Use Planning in Ontario: Context
Legislative Framework
Role of a Commission, NEC staff
Highlights of the NEP 2017/Implementation
NEP mapping: Area of Development Control

3. Municipal planning is subject to provincial policies
Regional Official Plan
Local Official Plan
Zoning By-Law
Provincial Policy
Provincial Policy Statement
Niagara Escarpment Plan
Oak Ridges Moraine Plan
Growth Plan
Greenbelt Plan
Planning Act
Land Use Planning
Hierarchy in Ontario
Responsibility for municipal planning delegated to provinces in the Constitution
Municipal planning is subject to provincial policies
Regional official plans require provincial approval
Municipal plans must be consistent with provincial policy and provincial plans
Zoning not in effect in NEP Area – development control instead except for most urban areas and minor urban centres

4. Provincial Land Use Plans
Four provincial land use plans work together to manage growth and protect the environment in southern Ontario.
Managing Resources and Protecting the Environment
The Greenbelt, Niagara Escarpment and Oak Ridges Moraine Conservation Plans collectively protect over 1.8 million acres of environmentally sensitive, agricultural and resource land from urban development.
Growth Management
The Growth Plan manages development through directing growth to existing urban areas and by making better use of land and infrastructure investments. 4

5. Niagara Escarpment Plan Area Statistics
Stretches 725 km from Queenston to Tobermory
195,000 hectares
Cornerstone of Ontario’s Greenbelt (makes up approx. 23% land area of Greenbelt )
20% of land publicly owned; 80% privately
7 upper-tier municipalities
1 single-tier municipality (City of Hamilton)
23 lower-tier municipalities
7 conservation authorities

6. Purpose of the Act and Plan
The NEPDA and the NEP form the NEC’s legislative framework. Purpose is:
…to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment and to ensure only such development occurs as is compatible with that natural environment.

7. Provisions of the NEPDA
No other municipal or provincial approval can be issued unless NEP approval is first given.
Appointment of members and staff (s. 5)
Objectives of the Niagara Escarpment Plan (NEP) (s. 8)
Procedures for NEP reviews, hearings, and amendments (s. 6.1, 7, 8, 10)
Regulations for establishing the Planning Area (235/10), Development Control Area (826/90) and Development Permit exemptions (828/90)
Procedures for development permit appeals, hearings, contraventions and enforcement (s. 24 & 25)
The NEP prevails over local Official Plans and by-laws where there is a conflict (s. 14)
Ministry, agency and municipal programs and undertakings must conform with the NEP (s. 13)
NEPDA S – no other approvals unless development is exempt or a Development Permit has been issued.
Municipal OP policies can be more restrictive
Currently working on a project to create new Regulation maps and also to consider reducing the ADC in Urban, Minor Urban and Escarpment Recreation Areas

8. Niagara Escarpment Commission
An arm’s-length agency of the Province that reports to Ontario’s Minister of Natural Resources and Forestry
Composed of 17 members
Chair
8 elected municipal officials (upper or single tier)
8 “public-at-large” representatives
Meets monthly
7 Public at Large members appointed at present
Chair is Russ Powers

9. Niagara Escarpment Plan (NEP)
Core Functions of the NEP:
Establishes environmentally-based Land Use Designations and associated permitted uses (Part 1)
Sets Development Criteria for those designations for the assessment of development proposals (Part 2)
Establishes the Niagara Escarpment Parks and Open Space System (Part 3)
Provides for a monitoring program (added in 2005)
Recognizes the NEP’s role in Ontario’s Greenbelt
Outlines the relationship between the PPS and the NEP
Identifies provisions which apply to applications to amend the NEP
No decisions on other planning applications can be made unless development is exempt or a Development Permit has been issued.

10. Part 1 of the NEP: Land Use Designations
Escarpment Land Use Designations:
Natural (38%)
Protection (32%)
Rural (23%)
Urban/Minor Urban
Recreation
Mineral Extraction
Part 1 includes:
Objectives of each Designation
Designation Criteria
Permitted Uses for each Designation
Exceptions (NEP Amendments) 7%
Permitted use are not approved uses unless development meets the policies and development criteria of the Plan (unlike zoning). Commercial, industrial and other intensive land uses are generally not permitted in the NEP Area. Plan amendments for Urban uses, urban boundary changes and requests for urban servicing can only be applied for at the time of the 10-year review, which was just completed. 18

11. Part 2 of the NEP: Development Criteria
O. Reg. 828/90 sets out certain exemptions from Development Control but even if exempt, must apply for a DP and receive confirmation from the NEC that development is exempt before proceeding with other planning or building approvals.
Examples of Development Criteria used to environmentally assess proposals
Water resources, key natural heritage features and scenic resources/landform conservation
Policies respecting cultural heritage, recreational uses, agricultural lands, and infrastructure. 19

12. Part 3 of the NEP: Niagara Escarpment Parks & Open Space System
Part 3 of the NEP sets out policies for establishing public land on the Escarpment
Identifies Nodal Parks that reflect regional differences along the Escarpment
Classifications of parks and open spaces and zoning within parks
Policy on commercial and recreational uses in parks
Bruce Trail
Land acquisition and disposal

13. A UNESCO World Biosphere
1990 – Niagara Escarpment was designated as a World Biosphere, which recognized it as a nationally and internationally significant landform. (2015 was 25th anniversary)
669 biosphere reserves in 120 countries, including 20 transboundary sites.18 in Canada
World Network provides for information exchange, capacity building, demonstration sites. Promote sustainable development: not just nature preservation.
BRs have 3 zones:
Core Area: strictly protected ecosystem (Escarpment Natural Area)
Buffer Zone: Activities compatible with sound ecological practices (Escarpment Protection Area)
Transition Area: Activities that foster economic and human development in a sustainable manner (Escarpment Rural Area)
NEBR network: co-ordination of NE stakeholder. Convened by NEC. Conferences (Leading Edge), research and monitoring (ONE Monitoring Program)
The Biosphere Reserve is a working landscape not a prohibition on development.

14. Highlights of the 2015 Plan Review
Focus on agriculture and wider range of uses (e.g. on farm diversified uses, agriculture-related uses including wineries) in Part 2.8
New policies to encourage green infrastructure and low impact development (Part 2.12) but limit municipal servicing to urban areas
New policies on Scenic Resources and Landform Conservation in Part 2.13
Part 2.8 – new definitions, size limits on buildings for ODU and ARA; available rural servicing
Part 2.12 – exception if medical officer of health declares public health concern
Part 2.13 – new development impacting views of the Escarpment may require a VIA; limitations on the importation of fill and demonstrating the quality of imported soil

15. Policy Changes
Existing uses (Part 2.3) limited to 25% expansion unless compatibility demonstrated; new definition requires continuous use in order to maintain status
Development may be allowed in habitat of endangered and threatened species if in compliance with the ESA, 2007 (Part 2.7)
Development still prohibited in all wetlands

16. Policy Changes
Secondary dwelling units now Permitted in the Escarpment Rural Area within a single dwelling but not as a separate building
Policies on how to apply for a Plan amendment in Part 1.2, including applications for new pits and quarries (Escarpment Rural Area only)

17. Implementation
Staff will be developing new Guidance Material to assist in the understanding and implementation of new policies
An Office Consolidation of the NEP will be available on the NEC website to incorporate certain urban and site specific amendments that were approved as part of and just prior to the Plan Review
Guidance material must be developed in consultation with MNRF and will be the subject of discussion at NEC meetings before approval

18. Area of Development Control Regulation Plan Project
Area of Development Control is established by Ontario Regulation 826/90
The regulation uses metes and bounds; a word-based description to describe a geographic area
Metes and bounds descriptions can be imprecise (e.g. “the forested edge” or “toe of slope”) and complicated to understand.

19. Regulation 826/90 B A B
This is an example of the existing regulation description which refers to “map filed in the Development Control Sections…” The description for this particular area describes the DC boundary as the area between point A and point B as shown on the map. The area between point A and B is not based on definable features so there is some ambiguity as to where the actual DC line is. A

20. ADC Regulation Plan Project
Office of the Surveyor General (OSG) creating regulation plans (maps) to replace the current antiquated metes and bounds descriptions
Commenced in March 2017
The ADC boundary will follow definable
features such as the limits of roads and
survey plans
No significant changes to ADC but some
lands going into the ADC and some coming
out (zoning to be put in place)
Posting on the Environmental Registry will
be required
Target January 2019 for Regulation change
Future changes will be considered to reduce
Area of Development Control in Urban, Minor
Urban and Escarpment Recreation Area (zoning
would take effect)
The NEC in partnership with the Office of the Surveyor General set out to replace the antiquated metes and bounds description found in Regulation 826/90 with regulation plans, which are a map based plan with descriptive texts describing the DC boundary
The project commenced in March 2017 with the OSG reviewing the existing regulation
The ADC boundary will follow definable features such as the limits of roads, lot and concession and survey plans, features that do not necessarily change over time – no more “forested edge”
The OSG mapping will not result in any significant changes to the ADC, it’s a refinement to the existing regulation, ensuring the ADC aligns and correlates with survey plans, road limits etc. However due to the vagueness of the existing regulation description and the need to ensure the ADC follows definable features, some areas will come into DC and others come out. Those areas coming out will be have to be zoned by the municipality.

21. Senior Strategic Advisor
Nancy Mott, MCIP, RPP
Senior Strategic Advisor