Implementing Bill 109 - 2023 Annual Update

Legislated review timelines do not take into consideration Toronto's complex urban environment. They ignore the reality that positive results are commonly achieved through collaboration over time during the review. To mitigate risk to cost recovery in the near term, the City faces long-term risks to good city-building outcomes. Without further legislative change or regulation that recognizes the City's unique development context, the ability to work together with applicants to implement the City's strategic priorities will be diminished. The City continues to make considerable progress in the areas of staff recruitment, policy and process change, and implementation of new technology, as outlined in this report. Despite best effort and ongoing engagement with our industry partners, risk to cost recovery will not be fully mitigated in 2023 and is expected to continue into 2024. In addition to an update on progress in 2023, this report responds to Council direction on item 2023.PH6.2 which requested that the Chief Planner and Executive Director, City Planning and the City Solicitor report to the November 30, 2023 meeting of the Planning and Housing Committee with possible measures, if any, that could be taken by the City of Toronto to avoid planning application fee refunds as prescribed in Bill 109 amendments to Section 114 of the City of Toronto Act, 2006. The City Solicitor has been consulted in the preparation of this report.

3. City Council amend the New Business provisions of the City of Toronto Municipal Code, Chapter 27, Council Procedures, to authorize the Chief Planner and Executive Director, City Planning, to report directly to City Council when recommending refusal of an application for an Official Plan Amendment and/or Zoning By-law Amendment.