Planning Laws and Policies

The Ontario Planning Act requires that all planning decisions must be consistent with the Provincial Policy Statement (PPS, 2024) and conform to all local Official Plans (OP), including all OP and Secondary Plan (SP) policies. The Zoning By-law (first draft ZB May 2024 under public review) must conform to the OP.

Resident groups can challenge a project when they find non-conformity with these laws and policies. Figure 1 outlines the relationship of planning policy and processes. Projects may change if residents can present substantive positions based on non-conformity to SP or OP policies. Review the City of Ottawa Official Plan (2022, including Secondary Plans and Area specific policies) and master plans here.

Figure 1: Policy and processes for planning decisions

When Bill 23, the More Homes Built Faster Act, came into effect (28Nov2022), processes and policies for planning decisions changed. Highlights of Bill 23 include:

• Third-party appeals eliminated – minor variances and consent. No one other than the applicant, the municipality, certain public bodies, and the Minister are allowed to appeal minor variance or consent decisions.
• Gentle Density/Intensification. As of right, zoning to permit up to three residential units per lot (two in the main building and one in an accessory building), with no minimum unit sizes. New units built under this permission are exempt from Development Charges/Community Benefit Charges and parkland requirements, and no more than one additional parking space can be required.
• Subdivision approvals. Public meetings no longer are required for applications to approve a draft plan of a subdivision.
• Site plan control. Developments of up to 10 residential units are exempted from site plan control. Architectural details and landscape design aesthetics are removed from the scope of site plan control.

Specific policies in the Carleton Heights Secondary Plan with respect to heights (section 2.4) and development standards (section 3) are important to uphold with planning decisions. Legally SP Policies and considered “law” and “all by-law shall conform” to these policies. These SP clauses are important to highlight in pre-consultation meetings for planning decisions. Also, with Bill 23, Site Plan Control no longer reviews development applications with 10 units or less so the City will no longer require a Stormwater Management Brief or Report for projects under this threshold. Also, with Bill 23, three units are permitted on a lot, so these projects will not require a rezoning or variance application.

With Bill 109, the More Homes for Everyone Act which came into effect July 1, 2023, the province of Ontario introduced law that has accelerated planning approvals. As shown in Figure 2, municipalities must give back application fees when decisions take longer than new timeframes set below.

Figure 2: New timeframes for planning decisions

	No Refund	50 % refund	75 % Refund	100 % Refund
Zoning By-law Amendment	Decision made within 90 days	Decision within 91-149 days	Decision within 150-209 days	Decision made 210 days or later
Official Plan Amendment	Decision made within 120 days	Decision within 121-179 days	Decision within 180-239 days	Decision made 240 days or later
Secondary Plan	Decision made within 60 days	Decision made within 61-89 days	Decision within 90-119 days	Decision made 120 days or later

Residents and Community Associations can participate in the planning process but the new timeframes significantly reduce the opportunity to provide input after the City receives a formal submission. There is more time before an application is submitted. Details of the City of Ottawa by-law for pre-consultation and notifications on development applications are outlined in the “Public Notification and Consultation Policy for Development Applications” (June, 2023).

If you are interested in exploring planning projects in Ottawa, please see different opportunities below:

1. Find City of Ottawa Planning & Housing Committee meetings here.
2. Review plans for larger developments posted to DevApps online here.
3. Scan Committee of Adjustment applications here.
4. Explore the list of demolition and building permits issued monthly here.

City of Ottawa Council and Planning and Housing Committee (PHC) meetings are generally held bi-weekly. Council can enact Zoning By-law Amendments (ZBA) and Official Plan Amendment (OPA) by-laws the same day as reported to Council. The PHC publishes City staff Zoning By-law Amendment reports six calendar days before reports are before Committee. All City of Ottawa meetings are listed here.

Ontario PHC makes a recommendation to Council. City Council makes the planning decision. Notice of the Decision is provided to all parties who made comments at the PHC meeting. Within 20 days of a Planning “Notice of the Decision” any person or corporation can appeal to the Ontario Land Tribunal (OLT). Resident groups and citizens can only appeal rezoning and Official Plan amendment decisions.

Residents can participate at the Committee of Adjustment (CoA). Developers are allowed to appeal any refusals by the CoA to the OLT. Bill 23 removed resident groups or citizens rights to appeal CoA decisions to the OLT. The CoA can’t consider how lots will be used in the future or the type of building built; the CoA applies the test in the Planning Act regarding lot creation. CoA meetings are listed here.

Review a selection of CHARA’s correspondence and work with partners to support Carleton Heights residents in the planning process here.