Dentons US LLP

05/07/2024 | News release | Distributed by Public on 05/07/2024 19:23

April showers bring more changes to Ontario’s land use planning framework – Deep dive on Ontario’s proposed Provincial Planning Statement, 2024

May 7, 2024

In April 2023, Dentons brought you two updates - Spring brings changes to Ontario's land use planning framework - Ontario announces a new Provincial Planning Statement and Dentons - Spring brings changes to Ontario's land use planning framework - Deep Dive on Ontario's proposed Provincial Planning Statement - outlining key aspects of the first draft of Ontario's new Provincial Planning Statement.

The new Provincial Planning Statement will consolidate and replace the primary policy documents that govern land use planning in southern Ontario, being the Provincial Policy Statement, 2020 (the PPS 2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (the Growth Plan).

In April 2024, following a year of consultation after the release of the initial draft, the Ontario government released an updated draft of the Provincial Planning Statement, which is available on the Environmental Registry of Ontario for review and comment until May 12, 2024 (the PPS 2024). The PPS 2024 is aimed at facilitating growth, increasing intensification, promoting a range and mix of housing options and removing barriers to assist with the implementation of the Housing Supply Action Plan, which has the goal of constructing 1.5 million new homes in Ontario by 2031. The Ontario government released the most recent draft of the PPS 2024 at the same time as Bill 185: Cutting Red Tape to Build More Homes Act, 2024. For an in-depth look at Bill 185, please see our recent update Continuing to cut through the red tape - Ontario's Bill 185: Cutting Red Tape to Build More Homes Act, 2024.

This bulletin provides an in-depth look at the most recent version of the proposed PPS 2024 and some of the key policy changes that are proposed to Ontario's land use planning regime.

Overview of the PPS 2024

Section 3(1) of the Planning Act provides the Minister of Municipal Affairs and Housing with the authority to issue policy statements on matters relating to municipal planning that are of provincial interest. The PPS 2024, which will be issued pursuant to this authority, combines elements of the existing PPS 2020 and Growth Plan into an integrated land use planning policy framework. The PPS 2024 groups policies under five pillars:

  • Generate an appropriate housing supply;
  • Make land available for development;
  • Provide infrastructure to support development;
  • Balance housing with resources; and
  • Implementation.

The PPS 2024 is aimed at increasing the housing supply by streamlining existing policies and giving municipalities and planning authorities the authority, direction, encouragement and flexibility to achieve more housing. To that end, the PPS 2024 proposes specific density targets in all provides broader permissions for potential residential intensification and development, and eliminates the concept of a "municipal comprehensive review," which among other things, would simplify settlement area boundary expansions and the conversion of employment areas.

Included are comparison documents of the PPS 2024 against (1) the PPS 2020, and (2) the draft of the Provincial Planning Statement that was initially released by the Ontario government in June 2023 (the draft PPS 2023). A summary of the key policies and changes is set out below.

Summary of key policies and changes

Planning for People and Homes (Section 2.1)

The PPS 2024 proposes a series of changes regarding planning for future growth. Among the more notable changes are the introduction of policies requiring planning authorities to base population and employment growth forecasts on the Ministry of Finance's 25-year growth projections, with an exception allowing municipalities to continue using population and employment forecasts previously issued by the province. Though not present in the PPS 2020 or the draft PPS 2023, these new proposed policies would replace those in effect under the Growth Plan, which currently sets out specific population and employment growth forecasts by municipality in Schedule 3. Additionally, the PPS 2024 revises the time horizon for municipalities to meet projected needs to 20-30 years. Currently under the PPS, the time horizon is for "up to 25 years" and the draft PPS 2023 would have seen it be changed to "at least 25 years."

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Note: although not considered in the PPS 2020, the Growth Plan includes policies regarding population and employment growth forecasts in s.5.2.4. Additionally, Schedule 3 sets out the projected population and employment distribution in the Greater Golden Horseshoe Area to 2051. Did not exist. s.2.1.1 - introduces new policy that requires planning authorities to base population and employment growth forecasts on the Ministry of Finance's 25-year growth projections.
Did not exist. Did not exist. s.2.1.2. - introduces new policy indicating that, notwithstanding policy 2.1.1, municipalities may continue to forecast growth using population and employment forecasts previously issued by the Province for the purposes of land use planning.
s.1.1.2 - indicates that sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years. An exception is provided for specific areas of the province where an alternate time period has been established due to a provincial planning exercise or provincial plan. s.2.1.1 - modifies the PPS 2020 by requiring municipalities to ensure that at the time of each official plan update, sufficient land is made available to accommodate an appropriate range and mix of land uses to meet projected needs for at least 25 years (noting that planning for infrastructure, employment, and strategic growth areas may extend beyond this time). s.2.1.3 - modifies the draft PPS 2023 to clarify that, at the time of creating a new official plan and each official plan update (rather than only at the time of an official plan update, as set out in the draft PPS 2023), sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs. It also revises the time horizon for meeting projected needs from a period of 25 years to a period of at least 20 years but not more than 30 years.

Housing (Section 2.2)

The PPS 2024 proposes several changes to the housing policies. This includes the requirement that planning authorities establish minimum targets for affordable housing and that municipalities support general intensification through the redevelopment of underutilized sites such as shopping malls and plazas.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
s.1.4.3(a) - requires planning authorities to provide an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by establishing and implementing minimum targets for affordable housing for low and moderate income households. s.2.2.1 - requires planning authorities to provide an appropriate range and mix of housing options and densities to meet projected market-based needs, but removes the PPS 2020 minimum targets for affordable housing. Instead, requires only that planning authorities consult with Service Managers to address the range of housing options, including housing affordability needs more broadly. s.2.2.1(a) - requires planning authorities to provide an appropriate range and mix of housing options and densities to meet projected market-based needs, but re-introduces the requirement from the PPS 2020 that planning authorities must establish and implement minimum targets for the provision of housing that is affordable to low and moderate income households as part of planning.
s.1.4.3(b) - requires planning authorities to provide an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market area by permitting and facilitating all types of residential intensification, including additional residential units. s.2.2.1(b) - modifies the PPS by clarifying that permitting and facilitating includes all types of residential intensification, including the conversion of existing commercial and institutional buildings for residential use and redevelopment that results in a net increase in residential units. s.2.2.1(b) - continues to require planning authorities to permit and facilitate residential intensification, but removes the draft PPS 2023 reference to "conversion" and clarifies that this specifically includes the development and redevelopment of underutilized commercial and institutional sites such as shopping malls and plazas.

Settlement areas/settlement area boundary expansions (Section 2.3)

The PPS 2024 proposes significant changes to the policies that govern settlement areas and settlement area boundary expansion. This includes changes to add or reintroduce language encouraging planning authorities to establish minimum intensification and redevelopment targets in built up areas and establish density targets for designated growth areas.

Some of the more impactful changes in the PPS 2024 are proposed policies allowing new settlement areas to be created and changes to the timing and criteria for settlement area boundary expansions. With the proposed elimination of the Growth Plan, the PPS 2024 will permit settlement area boundaries to be expanded at any time, rather than at the time of a municipal comprehensive review (or other times in exceptional circumstances). Additionally, the justification needed to permit settlement area boundary expansions is less stringent under the PPS 2024.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
s.1.1.3.5 - policy requires that planning authorities establish and implement minimum targets for intensification and redevelopment within built-up areas. It also clarifies that where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas. Did not exist. s.2.3.1.4 - reintroduces the concept from the PPS 2020 of establishing and implementing minimum targets for intensification and redevelopment within built-up areas, but only encourages the establishment and implementation of targets rather than requiring them, as in the PPS 2020.
Did not exist. s.2.3.5 - policy encourages planning authorities to establish density targets for new settlement areas or settlement area expansion lands, as appropriate, based on local conditions. Large and fast-growing municipalities are encouraged to plan for a minimum density target of 50 residents and jobs per gross hectare. s.2.3.1.5 - updates policy from the draft PPS 2023 by specifying that planning authorities are encouraged to establish density targets for designated growth areas, based on local conditions, rather than new settlement areas or settlement area expansion lands. The target of 50 residents and jobs per hectare remains for large and fast-growing municipalities, but only in designated growth areas.
s.1.1.3.7 - policy directs planning authorities to establish and implement phasing policies to ensure specified targets for intensification and redevelopment are achieved for new development within designated growth areas and the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. Did not exist. s.2.3.1.6 - re-introduces a revised version of the policy from the PPS 2020 that removes reference to intensification and development targets, but otherwise directs planning authorities to establish and implement phasing policies, where appropriate (new to the PPS 2024), to ensure that development within designated growth areas is orderly and aligns with the timely provision of the infrastructure and public service facilities.
Note: although not considered in the PPS 2020, settlement area boundary expansions were addressed in s.2.2.8 of the Growth Plan. Specifically, s.2.2.8.2 indicates that settlement area boundary expansions can only occur through a municipal comprehensive review where certain criteria are met. s.2.3.1.4 - introduces policy directing planning authorities to consider certain criteria in identifying a new settlement area or allowing a settlement area boundary expansion. The criteria include whether there is sufficient capacity in existing or planned infrastructure and public service facilities and whether the new or expanded settlement area complies with the minimum distance separation formulae. s.2.3.2.1 - modifies the draft PPS 2023 by further revising the criteria that planning authorities shall consider in identifying a new settlement area or allowing a settlement area boundary expansion. Overall, the criteria is more flexible than what is set out in the Growth Plan.
Did not exist. Did not exist. s.2.3.2.2 - introduces new policy providing that planning authorities may identify a new settlement area only where it has been demonstrated that the infrastructure and public service facilities to support development are planned or available. This new policy is in addition to the requirement of s.2.3.2.1.b) which requires there to be sufficient capacity in existing or planned infrastructure and public service facilities.

Strategic Growth Areas (Section 2.4)

The PPS 2024 proposes the addition of new criteria regarding the planning of strategic growth areas and the addition of general policies outlining what planning authorities should do in respect of strategic growth areas. Notably, the PPS 2024 does not carry forward certain policies from the draft PPS 2023, including a prohibition on the reduction in size or change in the location of an urban growth centre identified in an official plan, except through a new official plan or an official plan amendment.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Note: although not considered in the PPS 2020, strategic growth areas are considered throughout the Growth Plan. Section 2.2.2.3 of the Growth Plan sets out that all municipalities will develop a strategy to achieve minimum intensification target and intensification through delineated built up areas, which, amongst other things, will:

a) identify strategic growth areas to support achievement of the intensification target and recognize them as a key focus for development; and

b) identify the appropriate type and scale of development in strategic growth areas and transition of built form to adjacent areas 		s.2.4.1.1 - introduces policy similar to s.2.2.2.3 of the Growth Plan to support complete communities, a range and mix of housing options, intensification and more mixed-use development, by:

a) identifying an appropriate minimum density target for each strategic growth area; and

b) identifying the appropriate type and scale of development in strategic growth areas and transition of built form to adjacent areas. The policy is optional for planning authorities and required for large and fast-growing municipalities. 		s.2.4.1.2 - modifies the draft PPS 2023 by removing the distinction for both planning authorities and large and fast-growing municipalities, such that the focus is on how strategic growth areas should be planned and introduces new criteria about how this should be planned, as set out below:

a) to accommodate significant population and employment growth;

b) as focal areas for education, commercial, recreational, and cultural uses;

c) to accommodate and support the transit network and provide connection points for inter-and intra-regional transit; and

d) to support affordable, accessible, and equitable housing.
Note: while policies regarding changes to urban growth centres are not present in the PPS 2020 or the Growth Plan, the concept of urban growth centres exist throughout the Growth Plan and, in particular, s.2.2.3. s.2.4.1.2 - introduces policy indicating that any reduction in size or change in location of urban growth centres identified in an official plan that is in effect may only occur through a new official plan or official plan amendment (under s.26 of the Planning Act). Removes policy from the draft PPS 2023 requiring a new official plan or official plan amendment to reduce the size or change location of an urban growth centre.
Note: although not considered in the PPS 2020, s.2.2.3 of the Growth Plan directs municipalities to develop a strategy to achieve intensification targets and contains many of the same concepts as in the PPS 2024, including:

a) identifying strategic growth areas to support achievement of the intensification target and recognize them as a key focus for development; and

b) identifying the appropriate type and scale of development in strategic growth areas and transition of built form to adjacent areas. 		Did not exist s.2.4.1.3 - introduces general policy that, within strategic growth areas, planning authorities should:

a) prioritize planning and investment for infrastructure and public service facilities;

b) identify the appropriate type and scale of development in strategic growth areas and the transition of built form to adjacent areas;

c) permit development and intensification in strategic growth areas to support the achievement of complete communities and a compact built form;

d) consider a student housing strategy when planning for strategic growth areas; and

e) support redevelopment of commercially-designated retail lands (e.g., underutilized shopping malls and plazas), to support mixed-use residential.

Major Transit Station Areas (MTSAs) (Section 2.4.2)

The PPS 2024 expands on MTSA concepts from the draft PPS 2023 and the Growth Plan. Certain policies have been revised to apply to all municipalities with an MTSA, rather than applying only to large and fast growing municipalities with an MTSA. Other policies have been introduced to encourage planning authorities to promote intensification with MTSAs and require planning authorities to plan for intensification on land adjacent to existing (or planned) frequent transit corridors.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Note: although not considered in the PPS 2020, s.2.2.4.2 of the Growth Plan sets out that MTSAs on priority transit corridors or subway lines, upper- and single-tier municipalities, in consultation with lower-tier municipalities, will delineate the boundaries of major transit station areas in a transit-supportive manner that maximizes the size of the area and the number of potential transit users that are within walking distance of the station. s.2.4.2.1 - introduces policy similar to s.2.2.4.2 from the Growth Plan that requires large and fast growing municipalities to delineate the boundaries of major transit station areas on higher order transit corridors through a new official plan or official plan amendment. s.2.4.2.1 - modifies the draft PPS 2023 by applying the policy that requires large and fast growing municipalities to delineate the boundaries of major transit station areas on higher order transit corridors to all municipalities with MTSAs, not just large and fast-growing municipalities.
Note: although not considered in the PPS 2020, s.2.2.4.3 of the Growth Plan provides minimum density targets for MTSAs on priority transit corridors or subway lines. s.2.4.2.2 - introduces policy from the Growth Plan which notes that large and fast growing municipalities shall plan for minimum density targets within major transit station areas on higher order transit corridors. s.2.4.2.2 - modifies the draft PPS 2023 to apply mandatory minimum density targets within MTSAs on higher order transit corridors to all municipalities with MTSAs, not only for large and fast-growing municipalities as in the draft PPS 2023.
Did not exist. Did not exist. s.2.4.2.3 - introduces new policy that encourages planning authorities to promote development and intensification with MTSAs.
Did not exist. Did not exist. s.2.4.3 - introduces new policy that requires planning authorities to plan for intensification on land adjacent to existing and planned frequent transit corridors.

Employment (Section 2.8)

The PPS 2024 proposes substantial changes to employment-related policies. The PPS 2024 would permit employment area conversions to take place any time, rather than only at the time of a municipal comprehensive review. Additionally, the criteria necessary to allow an employment conversion are proposed to be loosened.

The PPS 2024 also introduces new criteria requiring planning authorities to promote economic development and competitiveness by addressing land use compatibility adjacent to employment areas by providing an appropriate transition to sensitive land uses. Furthermore, the PPS 2024 adds specific language to the policy requiring planning authorities to assess and update employment areas in official plans to ensure the designation is appropriate, noting that compatibility between employment areas and sensitive uses must be maintained.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
s.1.3.1 - policy sets out the criteria by which planning authorities must promote economic development and competitiveness. s.2.8.1.1 - modifies the PPS 2020 by revising the criteria by which planning authorities must promote economic development and competitiveness, including removing the criteria ensuring that the necessary infrastructure is provided to support current and projected needs. s..2.8.1.1 - modifies the draft PPS 2023 by introducing new criteria requiring planning authorities to promote economic development and competitiveness, including by addressing land use compatibility adjacent to employment areas by providing an appropriate transition to sensitive land uses.
Did not exist. s.2.8.1.4 - introduces new policy stating that official plans and zoning by-laws cannot contain provisions more restrictive than s.2.8.1.3, with an exception for public health and safety. Section 2.8.1.3 speaks to employment lands outside of employment areas and indicates that a diverse mix of land uses, including residential, employment, public service facilities and other institutional uses shall be permitted to support the achievement of complete communities. Removes policy from the draft 2023 PPS indicating that official plans and zoning by-laws shall not contain provisions that are more restrictive than s.2.8.1.3 except for purposes of public health and safety.
Did not exist. s.2.8.2.3 - introduces new language requiring planning authorities to assess and update employment areas identified in official plans to ensure that this designation is appropriate to the planned function of employment areas. s.2.8.2.4 - retains the draft PPS 2023 policy, but adds language that requires planning authorities to maintain land use compatibility between sensitive land uses and employment areas to maintain the long-term operational and economic viability of the planned uses and function of these areas.
s.1.3.2.4 - permits the conversion of lands within employment areas to non-employment uses through a comprehensive review, only where it has been demonstrated that there is a need for the conversion and the land is not required for employment purposes over the long term. s.2.8.2.4 - modifies the PPS 2020 by allowing planning authorities to remove lands from employment areas at any time, if certain criteria are met. s.2.8.2.5 - modifies the requirement in the draft PPS 2023 for when planning authorities may remove lands from employment areas. Specifically, where it has been demonstrated that the municipality has sufficient employment lands to accommodate projected employment growth to the horizon of the approved official plan.
s.1.3.2.5 - permits lands within existing employment areas be converted to a designation that permits non-employment uses if the area has not been identified as provincially significant or regionally significant and meets certain other criteria. The concept of provincially and regionally significant lands has been removed in the draft PPS 2023. No change from the draft PPS 2023.

Sewage, Water and Stormwater (Section 3.6)

The PPS 2024 proposes several changes to the policies regarding sewage, water and stormwater. For example, the PPS 2024 modifies the current policy which requires planning for sewage and water to integrate servicing and land use concerns during the planning process, by adding a requirement for consideration of opportunities to allocate the unused system capacity of the municipal sewage and water supply to meet the needs of an increased housing supply. Additionally, the PPS 2024 proposes that partial services should also be permitted within rural settlement areas, where new development will be serviced by individual on-site water services in combination with municipal sewage services or private communal sewage services.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
s.1.6.6.1(d) - policy notes that planning for sewage and water must integrate servicing and land use considerations at all stages of the planning process. No change from PPS 2020. s.3.6.1(d) - introduces a requirement to consider opportunities to allocate/reallocate unused system capacity of water services and sewage services to meet needs for housing supply.
s.1.6.6.5 - policy provides that partial services will only be permitted to address failed individual on-site sewage/water services or, within settlement areas, to allow infilling and minor rounding out of existing development on partial services, provided that site conditions are suitable for the long-term provision of such services with no negative impacts. No change from PPS 2020. s.3.6.5 - introduces an additional circumstance under which partial services can be permitted. Specifically, within rural settlement areas, where new development will be serviced by individual on site water services in combination with municipal sewage services or private communal sewage services.

Water (Section 4.2)

The PPS 2024 departs from the earlier draft PPS 2023 by requiring "large and fast growing municipalities" to undertake watershed planning. Additionally, it adopts several policies, similar to those in the Growth Plan, encouraging municipalities to collaborate with their relevant conservation authority and indicating that upper tier municipalities shall undertake watershed planning together with lower tier municipalities, where one exists.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Note: although not considered in the PPS 2020, s.4.2.1.1 of the Growth Plan directs upper- and single- tier municipalities to ensure that watershed planning is undertaken to support a comprehensive, integrated, and long-term approach to the protection, enhancement, or restoration of the quality and quantity of water within a watershed. s.4.2.3 - introduces softer policy encouraging municipalities to undertake watershed planning. s.4.2.3 - modifies the draft PPS 2023 by requiring large and fast-growing municipalities to undertake watershed planning. All other municipalities are encouraged to undertake watershed planning, as in the draft PPS 2023.
Note: although not considered in the PPS 2020, s.4.2.1.1 of the Growth Plan indicates that upper tier and single tier municipalities, partnering with lower-tier municipalities, will ensure watershed planning is undertaken. Did not exist. s.4.2.4 - introduces policy that indicates that where planning is conducted by an upper-tier municipality that includes one or more lower-tier large and fast-growing municipalities, the upper tier municipality must undertake watershed planning.
Note: although not considered in the PPS 2020, s.4.2.1.1 of the Growth Plan indicates that upper tier and single tier municipalities "partnering with conservation authorities" will ensure watershed planning is undertaken. Did not exist. s.4.2.5 - introduces policy which indicates that all municipalities undertaking watershed planning are "encouraged to collaborate" with applicable conservation authorities.

Agriculture (Section 4.3)

The PPS 2024 proposes to implement policy changes regarding the development of land in prime agricultural areas that do not currently exist under the PPS. For example, the PPS 2024 proposes more flexibility in allowing the creation of new residential lots on prime agricultural lands, including revised criteria that would allow for the creation of up to two additional units.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Did not exist. s.4.3.2.5 - introduces policy whereby up to two additional residential units may be permitted in prime agricultural areas, provided they meet certain criteria. s.4.3.2.5 - modifies the draft PPS 2023 by, specifying that, where a residential dwelling is permitted on a lot in a prime agricultural area, up to two additional residential units shall be permitted in accordance with provincial guidance, provided that any additional residential units meet certain criteria.
s.2.3.4.1 - policy indicates that lot creation in prime agricultural areas is discouraged and may only be permitted in certain circumstances, including agricultural uses, a residence surplus to a farming operation and infrastructure. s.4.3.3.1 - modifies the PPS 2020 to remove the term discouraged and add additional criteria that must be met to create residential lots in a prime agricultural area. Specifically, the new criteria would allow for the creation of a new residential lot created from a lot or parcel of land that existed on January 1, 2023, under certain circumstances. s.4.3.3.1 - re-introduces the language from the PPS 2020 that lot creation in prime agricultural areas is discouraged and removes the requirement from the draft PPS 2023 that allowed for the creation of a new residential lot from a lot or parcel of land that existed on January 1, 2023.
s.2.3.4.3 - policy prohibits the creation of new residential lots in prime agricultural areas, except in accordance with policy 2.3.4.1(c), which relates to a residence surplus in a farming operation. Did not exist. s.4.3.3.3 - re-introduces policy from the PPS 2020 prohibiting the creation of new residential lots in prime agricultural areas.

Implementation and interpretation (Section 6)

The PPS 2024 implements the policy from the Growth Plan which encourages planning authorities to go beyond the density targets, where appropriate. In addition, the PPS 2024 proposes that minimum density targets are to be reviewed at the time of each official plan update, revising the process set out in the Growth Plan that ties density target implementation to a municipal comprehensive review process.

Furthermore, the PPS 2024 carries over policy from the draft PPS 2023 requiring planning authorities to make decisions consistent with the applicable provincial planning statement, even where they must decide on a planning matter before the official plan has been updated to be consistent with the planning statement, or before other applicable planning instruments have been updated. This policy introduces the idea that, once a provincial planning statement is in effect, the policies take effect immediately. Previously, policies were not implemented until Official Plans and other planning instruments were updated to implement the provincial planning statement policies.

Provincial Policy Statement, 2020 Draft Provincial Planning Statement, 2023 Draft Provincial Planning Statement, 2024
Note: although not considered in the PPS 2020, s.5.1 of the Growth Plan notes that, where municipalities must decide on a planning matter before its official plan has been amended to conform with the Growth Plan or other planning instruments have been updated accordingly, they must still consider the impact of the decision as it relates to the policies of the Growth Plan that require comprehensive municipal implementation. s.6.1.7 - introduces policy indicating that, where planning authorities must decide on a planning matter before their official plan has been updated to be consistent with this planning statement, or before other applicable planning instruments have been updated accordingly, they must still make a decision that is consistent with the applicable planning statement. No change from the draft PPS 2023.
Note: although not considered in the PPS 2020, s.5.2.5.1 of the Growth Plan sets out that the minimum intensification and density targets are minimum standards and municipalities are encouraged to go beyond these minimum targets, where appropriate, except where doing so would conflict with any other policy in the Growth Plan, the PPS or other provincial plan. Did not exist. s.6.1.12 - adopts policy from the Growth Plan setting out that density targets represent minimum standards and that planning authorities are encouraged to go beyond these minimum targets, where appropriate, except where doing so would conflict with any policy of the PPS 2024 or any other provincial plan.
Note: although not considered in the PPS 2020, s.5.2.5.2 of the Growth Plan notes that any changes to the density targets can only be implemented through a municipal comprehensive review. Did not exist. s.6.1.13 - introduces policy providing that minimum density targets will be revisited at the time of each official plan update to ensure the target is appropriate.

Takeaways and next steps

The PPS 2024 will become effective on a date specified by an order in council pursuant to the Planning Act.

The PPS 2024 will continue to transform Ontario's land use planning framework. This is particularly true in light of the many other legislative and policy changes the Ontario government has put forward since 2022. Dentons will continue to review the various legislative and policy changes as they pertain to land use planning and other related developments.

Should you have any questions about the updated Provincial Planning Statement, the Cutting Red Tape to Build More Homes Act, 2024 or any past legislative or policy changes related to housing, land use and infrastructure changes, please contact, Katarzyna Sliwa, Roberto Aburto, Isaiah Banach, Karen Sadler, Max Reedijk, Michael James, or any member of the Dentons Municipal, Land Use Planning and Development Team.

For other information relating to the many previous policy and legislative changes regarding land use planning and development, please see our past insights here: