Monday Sept 8, 2025 Corporate & Finance morning and Economic & Development afternoon Committee meeting Agendas Item Lists
I've highlighted Report ED-25-95 in the chart above. Below is the report in its entirety. I find it presents a disturbing move away from the elected Oshawa Council being accountable to the public. There may be arguments this new 'strategy' is more efficient and effective. But imo it overlooks those situations where the elected very much should have a say.
Sometimes delegating is fine, but when certain matters proceed to an appeal at the Ontario Land Tribunal, the function of the elected to their constituents can be diminished.
In Report ED-25-95, Staff recommend to City Council:
Whereas, various decisions made by municipal approval authorities such as Oshawa City Council, the City of Oshawa Committee of Adjustment, or designated City staff under the Ontario Planning Act, R.S.O. 1990, c.P.13, as amended (the “Planning Act”), can be appealed to the Ontario Land Tribunal (the “O.L.T.”), including decisions to approve or not approve official plan amendments, zoning by-law amendments, proposed draft plans of subdivision, applications for site plan approval, minor variances and consents; and,
Whereas, various decisions made by municipal approval authorities such as Oshawa City Council under the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “Heritage Act”), can also be appealed to the O.L.T., including decisions to list or designate properties in the municipal Register of Properties of Cultural Heritage Value or Interest; and,
Whereas, on occasion, such decisions made under the Planning Act or the Heritage Act are the subject of appeals to the O.L.T. filed by parties objecting to the decision; and,
Whereas, current Council policy requires that the Economic and Development Services Department prepare a report to the Economic and Development Services Committee when an appeal is filed in accordance with the Planning Act or the Heritage Act against a decision of the City, and,
Whereas, as a typical component of such reports, it is staff’s general practice to include a recommendation seeking Council’s authorization to take appropriate action to support the City’s decision, including to attend the O.L.T. hearing; and,
Whereas, upon considering such reports, it is Council’s general practice to direct staff to attend the O.L.T. in support of the City’s decision in the event of an appeal under the Planning Act or the Heritage Act; and,
Whereas, in view of the foregoing general practices, it is appropriate that a standard approach be developed for the purposes of implementing a defense strategy to streamline the processing of appeals that are before the O.L.T. and to make efficient use of Council time and staff resources and to be able to respond to O.L.T. matters in a timely manner;
Therefore, be it resolved that that based on Item ED-25-95 dated September 8, 2025 concerning Proposed General Actions for a Standard Defense Strategy in Support of the City’s Position in the Event of an Appeal Filed Under the Ontario Planning Act or the Ontario Heritage Act, in the event an appeal to the Ontario Land Tribunal (the “O.L.T.”) regarding a decision of the City is filed on a matter under the Ontario Planning Act, R.S.O. 1990, c.P.13, as amended (the “Planning Act”), or the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “Heritage Act”), the Commissioner, Economic and Development Services Department, and the City Solicitor, or their respective designates, be authorized to implement an appropriate defense strategy in support of the City’s decision generally in accordance with the following actions:
1. Continue to fulfill Council’s policy requiring the Economic and Development Services Department to report when an appeal is filed under the Planning Act or the Heritage Act against a decision of the City, by including within the appropriate Council Information Package a memorandum advising of the appeal; and
2. Advise the O.L.T. that Oshawa City Council maintains the City’s position with respect its decision regarding the matter at hand; and
3. Seek party status at the O.L.T. on behalf of the City; and
4. Take appropriate action, as deemed necessary at the discretion of the Commissioner, Economic and Development Services Department, or their designates, in consultation with the City Solicitor, to support the City’s decision, including to attend the O.L.T. hearing; and
5. Consent to an offer, if one is made, by the appellant (or the appellant’s counsel) to enter into mediation, to be mediated by the O.L.T., regarding the appellant’s appeal of the City’s decision, as a means of potentially resolving the appeal without the need for an extended hearing, should the Commissioner, Economic and Development Services Department, or their designates, in consultation with the City Solicitor, deem it appropriate to give such consent; and
6. Participate in said mediation and report back to the Economic and Development Services Committee and Council on the results of that mediation, as appropriate; and
7. Select, at the discretion of the Commissioner, Economic and Development Services Department, or their designates, an appropriate senior staff member of the Economic and Development Services Department to serve as the delegated City authority to make decisions in mediation, as required pursuant to Rule 18.7 of the O.L.T. Rules of Practice and Procedure; and
8. Engage external counsel and/or a consultant(s) if deemed necessary at the discretion of the Commissioner, Economic and Development Services Department, in consultation with the City Solicitor, or their designates, to prepare for and attend the O.L.T.-led mediation and/or hearing in support of the City’s decision, with associated costs to be accommodated through the Corporate Litigation Account; and,
9. Upon the conclusion of the O.L.T. hearing, report back to Council by including within the appropriate Information Package a copy of the O.L.T.’s decision.
Sometimes delegating is fine, but when certain matters proceed to an appeal at the Ontario Land Tribunal, the function of the elected to their constituents can be diminished.
In Report ED-25-95, Staff recommend to City Council:
Whereas, various decisions made by municipal approval authorities such as Oshawa City Council, the City of Oshawa Committee of Adjustment, or designated City staff under the Ontario Planning Act, R.S.O. 1990, c.P.13, as amended (the “Planning Act”), can be appealed to the Ontario Land Tribunal (the “O.L.T.”), including decisions to approve or not approve official plan amendments, zoning by-law amendments, proposed draft plans of subdivision, applications for site plan approval, minor variances and consents; and,
Whereas, various decisions made by municipal approval authorities such as Oshawa City Council under the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “Heritage Act”), can also be appealed to the O.L.T., including decisions to list or designate properties in the municipal Register of Properties of Cultural Heritage Value or Interest; and,
Whereas, on occasion, such decisions made under the Planning Act or the Heritage Act are the subject of appeals to the O.L.T. filed by parties objecting to the decision; and,
Whereas, current Council policy requires that the Economic and Development Services Department prepare a report to the Economic and Development Services Committee when an appeal is filed in accordance with the Planning Act or the Heritage Act against a decision of the City, and,
Whereas, as a typical component of such reports, it is staff’s general practice to include a recommendation seeking Council’s authorization to take appropriate action to support the City’s decision, including to attend the O.L.T. hearing; and,
Whereas, upon considering such reports, it is Council’s general practice to direct staff to attend the O.L.T. in support of the City’s decision in the event of an appeal under the Planning Act or the Heritage Act; and,
Whereas, in view of the foregoing general practices, it is appropriate that a standard approach be developed for the purposes of implementing a defense strategy to streamline the processing of appeals that are before the O.L.T. and to make efficient use of Council time and staff resources and to be able to respond to O.L.T. matters in a timely manner;
Therefore, be it resolved that that based on Item ED-25-95 dated September 8, 2025 concerning Proposed General Actions for a Standard Defense Strategy in Support of the City’s Position in the Event of an Appeal Filed Under the Ontario Planning Act or the Ontario Heritage Act, in the event an appeal to the Ontario Land Tribunal (the “O.L.T.”) regarding a decision of the City is filed on a matter under the Ontario Planning Act, R.S.O. 1990, c.P.13, as amended (the “Planning Act”), or the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “Heritage Act”), the Commissioner, Economic and Development Services Department, and the City Solicitor, or their respective designates, be authorized to implement an appropriate defense strategy in support of the City’s decision generally in accordance with the following actions:
1. Continue to fulfill Council’s policy requiring the Economic and Development Services Department to report when an appeal is filed under the Planning Act or the Heritage Act against a decision of the City, by including within the appropriate Council Information Package a memorandum advising of the appeal; and
2. Advise the O.L.T. that Oshawa City Council maintains the City’s position with respect its decision regarding the matter at hand; and
3. Seek party status at the O.L.T. on behalf of the City; and
4. Take appropriate action, as deemed necessary at the discretion of the Commissioner, Economic and Development Services Department, or their designates, in consultation with the City Solicitor, to support the City’s decision, including to attend the O.L.T. hearing; and
5. Consent to an offer, if one is made, by the appellant (or the appellant’s counsel) to enter into mediation, to be mediated by the O.L.T., regarding the appellant’s appeal of the City’s decision, as a means of potentially resolving the appeal without the need for an extended hearing, should the Commissioner, Economic and Development Services Department, or their designates, in consultation with the City Solicitor, deem it appropriate to give such consent; and
6. Participate in said mediation and report back to the Economic and Development Services Committee and Council on the results of that mediation, as appropriate; and
7. Select, at the discretion of the Commissioner, Economic and Development Services Department, or their designates, an appropriate senior staff member of the Economic and Development Services Department to serve as the delegated City authority to make decisions in mediation, as required pursuant to Rule 18.7 of the O.L.T. Rules of Practice and Procedure; and
8. Engage external counsel and/or a consultant(s) if deemed necessary at the discretion of the Commissioner, Economic and Development Services Department, in consultation with the City Solicitor, or their designates, to prepare for and attend the O.L.T.-led mediation and/or hearing in support of the City’s decision, with associated costs to be accommodated through the Corporate Litigation Account; and,
9. Upon the conclusion of the O.L.T. hearing, report back to Council by including within the appropriate Information Package a copy of the O.L.T.’s decision.