Update On Bill 51

Bill 51, an Act to amend the Planning Act and the Conservation Land Act and to make related amendments to other Acts, received second reading in the Legislature on April 26, 2006. The Bill, as drafted, may have wide implications for the energy industry.

As proposed, section 23 of the Bill (Section 62.0.1 of the proposed Act) will allow the Lieutenant Governor in Council by regulation, to exempt undertakings that relate to energy and have been approved or exempted under the Environmental Assessment Act from Planning Act approvals. Typical Planning Act approvals that may be required for development projects include Official Plan and Zoning By-law amendments and site plan approval. While the latter approval is a private matter between a developer and a municipality and only in rare cases have private parties been made parties to appeals to the Ontario Municipal Board, appeals against local council decisions approving Official Plan and Zoning By-law amendments are routinely considered by