Conformity and Implementation

The Conformity and Implementation Discussion Paper focuses on two issues: policy and plan Implementation and consistency and conformity with Provincial policy and legislation. This paper, which adds to the suite of Discussion Papers 1-6, coincides with the release of the 2024 Provincial Planning Statement and the upcoming March 31, 2025 revisions to the Region’s planning approval and review authority, as announced by the Province.

Things to Think About:

Changing Legislative and Policy Context and Planning Responsibility Jurisdiction

  • Any definitions used in Our Niagara Falls Plan will need to be consistent with or conform to those used in Provincial and Regional plans and policies.
  • Ensuring key changes from the latest legislation and policy have been incorporated into the Plan regarding matters such as public consultation, limitation on appeals of planning decisions, changes related to heritage designations (individual and heritage conservation districts), and permissions for additional residential units on properties as of right.
  • Ensure the policies contained within Our Niagara Falls Plan reflect changes to the scope of responsibilities of conservation authorities and Regional planning responsibilities.
  • Recognition of current Minister Zoning Orders and a process for recognizing future such approvals would help users of the plan know that there is a Minister’s Zoning Order for a subject site that supersedes the City’s policies and regulations.
  • The need to carry forward or include revised or updated policies that address community benefits and parkland dedication, reflecting the most recent legislative changes.
  • Include policy direction which would encourage or enable the City to undertake a future study to investigate the implementation of a Community Planning Permit System and inclusionary zoning within the Downtown MTSA.
  • Implementation matters arising from the Official Plan update, such as zoning by-law updates and other actions that may be required by the City within certain legislated timelines.
  • The timing of Plan updates and reviews more often than required by the Planning Act and in recognition of updates that may come out of other City studies.
  • While pre-consultation can no longer be mandated to submit development applications, the City can encourage such meetings and provide for complete application policies, including standards or requirements for both.

Provincial Implementation Guidance

  • The City will need to determine when and how provincial implementation guidance is referenced in the Official Plan. Certain municipalities have embedded details from provincial guidance documentation directly into their Official Plans or have referenced the documentation.
  • Based on local conditions, the city should consider which aspects of guidance may be beneficial to include as policy direction in the Official Plan.

Implementing Strategic Documents and Direction

  • Policy direction should consider, implement, and align with relevant strategic planning documents to the extent appropriate.
  • There will be a need to evaluate the plans with that lens to ensure any relevant policy direction coming from “other strategic documents” aligns with the current in-force policy and legislation and other relevant current conditions, especially given that with the rapidly changing policy and legislative landscape, some of these plans may not be in conformity with or consistent with the latest governing policy and legislation.

Regional Planning

  • Ensuring the City is consulting with the Region and that relevant policies and mapping are being discussed and appropriately implemented. In the future, Niagara Region will still have a commenting role as an agency who is responsible for various matters such as servicing and transit.
  • Similarly, Provincial agencies (e.g., Ministry of Transportation) and the Niagara Peninsula Conservation Authority will need to be consulted, and any policy requests considered for Our Niagara Falls Plan.
  • The process should have regard for adjacent municipal land use designations and policies. As these jurisdictions may also be undergoing their Official Plan reviews and updates, it will be important for the City and the Consulting Team to follow those projects and coordinate and consult with those jurisdictions on draft policies and policy direction as recommended in provincial policy.

Existing Secondary Plans

  • Criteria could be established to guide future secondary planning processes (this may not apply to active secondary planning exercises, which may proceed to completion and be incorporated into Our Niagara Falls Plan).
  • Our Niagara Falls Plan provides an opportunity for the City to streamline or update existing secondary plans. Secondary Plans may be eliminated once the areas have been largely developed in accordance with the detailed policies or it may be necessary to retain certain policies from built out secondary plans, noting the project goal to reduce redundancies or unnecessary repetition of policy direction wherever possible. Certain existing secondary plan areas may be older and may benefit from updating where opportunity still exists for infill or redevelopment.
  • Consideration could be given to having a separate schedule or schedules which shows areas of the City which are subject to Secondary Plans and relevant policies.

Enhanced Monitoring and Reporting

  • The City will need to consider and include policy direction for any monitoring requirements legislated or contained in higher level plans (for example, by the Niagara Escarpment Plan).
  • The City may also decide, at their discretion, on additional aspects of the plan which they feel should be monitored (e.g., sustainable development, transit and pedestrian supportive design) and how frequently. As a best practice, monitoring could be carried out in each of the policy document’s areas, as appropriate. Other matters of importance as it relates to monitoring and reporting may emerge throughout the course of the project or as a result of further legislative and policy changes.