Disruption in Ontario’s construction industry caused by the COVID-19 pandemic is being compounded by wide-ranging bottlenecks in the province’s permitting regime, say development sector stakeholders.
There is so much uncertainty about such matters as when cancelled Local Planning Appeal Tribunal (LPAT) hearings will be rescheduled and when municipal councils might reconvene to approve development applications that the law firm McMillan LPP has taken to issuing a weekly summary updating ever-changing municipal and provincial permitting practices.
Development lawyer Mary L. Flynn-Guglietti of McMillan said delays in the multi-stage permitting system are ranging from a week or two up to possibly a full year. When it was announced that LPAT appeal hearings on development proposals would be cancelled until the end of June, she took stock of her cases in the queue and realized one or more might be sent to the end of the line, meaning that one three-week LPAT hearing scheduled for this May might not be held until May 2021.
“Everybody is really trying to cope with something we have never faced before,” said Flynn-Guglietti. “You’ve got delays on a number of different fronts that will have a profound impact down the line when this is all done.”
Paula J. Tenuta, senior vice-president for policy and advocacy with the Building Industry and Land Development Association (BILD), reiterated Flynn-Guglietti’s concerns while noting that progress is being achieved as the private sector works with public sector permitting gatekeepers.
“There were things in the pipeline that unfortunately will be delayed but we have to collectively work together to continue to have applications submitted to municipalities move forward so that as soon as we resurface, workers on construction sites can start to operate at full capacity,” commented Tenuta.
McMillan’s reports have documented that following provincial emergency legislation enacted in March, the municipalities have adopted varying policies for the processing of such municipal applications as official plan amendments, rezoning applications, plans of subdivision, consent applications, site plan approvals, minor variance applications and building permits. Development applications require public hearings and council meetings, which in the case of Toronto and some other cities have been suspended.
“Each one would appear to have their own rules, which makes things very complicated,” said Flynn-Guglietti. “Trying to keep on top of what the various bodies are doing is a bit of a moving target, so that is why we have decided to do these bulletins on a weekly basis.”
Toronto will not be receiving new planning applications, but it’s still issuing building permits if they were ready to be issued prior to March 16. Brampton, Markham and Hamilton, meanwhile, will accept new planning applications but in different formats — via registered mail in Hamilton, digitally in Markham.
Flynn-Guglietti also identified such practical problems as planning staff working from home with large documents. Applications go through various departments, some of which might not be considered essential, she said.
“Do they have the proper equipment at home? You are dealing with very large plans,” said Flynn-Guglietti.
Tenuta remarked that municipal planning and building department efficiency has improved over the weeks as managers and staffers have adjusted to working remotely.
“We found that a lot of the planners and the building departments were actually able to work remotely and work on existing planning applications and issue building permits. So, it depends on where you are in the pipeline,” she said.
At the provincial tribunals level, the landscape has evolved following the introduction of Regulation 73/20, issued by the province under the Emergency Management and Civil Protection Act in March. That Emergency Order suspended limitation and procedural time periods retroactive to March 16, impacting the Planning Act and the Local and Planning Appeal Tribunal Act.
As the regulation was interpreted, it was originally feared there would be no LPAT hearings at all before June 30, but subsequent advocacy efforts by stakeholders including BILD resulted in regulatory changes and a procedural workaround. On April 3 LPAT announced it would permit a limited number of settlement hearings to be scheduled and held through teleconference or written submissions, effective April 6. More substantial hearings are still suspended but the breakthrough on settlement hearings is a big relief, Tenuta said.
“It is good news,” she remarked. “It has gone from a door that was shut to a door that was reopened the 6th of April.”
In the end, though, Flynn-Guglietti pointed out, the stakeholders understand that Premier Doug Ford has more pressing issues to address than permitting.
“From where we are standing right now, I have nothing but sympathy for the need to deal with how to get surgical gowns to front-line workers and ensuring there are hospital beds so people are not dying,” she commented.
“Each and every industry is suffering. How does the government prioritize (permitting)? I don’t have the answer. I just know it is going to have a profound effect moving forward in the industry.”
Follow the author on Twitter @DonWall_DCN.
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