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ARTICLE · 14 JANUARY 2011

Planning Act Procedure - Comment on Home Depot v. Toronto (City)

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In SmartCentres Inc. v. Toronto (City), [2010] O.M.B.D. No. 486, the Ontario Municipal Board was presented with a unique procedural question: In adopting its Growth Plan conformity amendment, was the City of Toronto obligated to follow the more onerous procedural requirements of section 26 to the Planning Act?

CanadaReal Estate and Construction
Steven Zakem
Steven Zakem
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The Issue: Does section 26 of the Planning Act apply to a provincial plan conformity amendment?

The Answer: Yes it does.

In SmartCentres Inc. v. Toronto (City), [2010] O.M.B.D. No. 486, the Ontario Municipal Board was presented with a unique procedural question: In adopting its Growth Plan conformity amendment, was the City of Toronto obligated to follow the more onerous procedural requirements of section 26 to the Planning Act? The Board's decision raises an interesting procedural issue regarding how provincial plan conformity amendments are to be handled at the municipal level.

Official Plan Amendment No. 72 was enacted by Toronto City Council on May 27, 2009. The amendment was enacted for the express purpose of bringing the City's Official Plan into conformity with the Growth Plan for the Greater Golden Horseshoe.

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