DavidH
Senior Member
"Constrained to follow" was my summary of the situation. According the legislation, any transportation master plans submitted prior to this act being passed are NOT the required transportation master plan. In other words, all municipalities will need to create new plans. Further, decisions under the planning act will need to take into account the planning policy statements from the minister, which will be based on the RTP. Also, municipalities can't build public works or pass bylaws that contradict the policy statements.This is the best news I've seen on here in a very long time, though I can't help but wonder if municipalities will simply be "constrained to follow" the plans they already submitted and had rubber stamped previously.
Here's the relevant bits:
Minister's transportation planning policy statements
31.1 (1) The Minister may issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to transportation planning in the regional transportation area.
Preparation of policy statement
(2) In developing a transportation planning policy statement, the Minister shall,
(a) consult with any person or body whom the Minister considers may have an interest in the policy statement, including the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the Corporation, the public, First Nations in the regional transportation area, municipalities in the regional transportation area and planning authorities having jurisdiction in the regional transportation area, as and in the manner that the Minister considers appropriate;
(b) have regard to the transportation plan adopted by the Corporation under section 6; and
(c) ensure that the transportation planning policy statement is in alignment with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area.
Designated policies
(3) A transportation planning policy statement issued by the Minister may designate one or more policies in the policy statement as designated policies.
Effect of designated policies
(4) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Municipal Board, that applies in the regional transportation area shall be consistent with the designated policies set out in a transportation planning policy statement.
Comments, advice
(5) Comments, submissions or advice relating to a decision or matter described in subsection (4), that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government, shall,
(a) be consistent with the designated policies set out in a transportation planning policy statement; and
(b) have regard to the other policies set out in a transportation planning policy statement.
Exception
(6) Subsection (4) does not apply to a policy statement issued under section 3 of the Planning Act or to a minister's order under section 47 of the Planning Act .
Municipal public works and by-laws
(7) Despite any Act, no municipality in the regional transportation area or agency, board or commission of a municipality in the regional transportation area may undertake a public work or pass a by-law that conflicts with a transportation planning policy statement issued by the Minister.
Municipalities' transportation master plan
(8) The municipal council of every single-tier and upper-tier municipality in the regional transportation area, and the municipal council of any lower-tier municipality in the regional transportation area designated by the Minister, shall adopt a transportation master plan governing transportation planning matters in the municipality in accordance with and within the time required by the regulations.
Same
(9) A municipality that is required by subsection (8) to have a transportation master plan shall ensure that its transportation master plan is and remains consistent with the Minister's transportation planning policy statements.
Same
(10) A municipality that is required by subsection (8) to have a transportation master plan shall be guided in all transportation planning matters by its transportation master plan.
Same
(11) A transportation plan adopted by a municipality before the Minister issues his or her first transportation planning policy statement under subsection (1) does not constitute the transportation master plan required by this section.
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