Municipalities eager for provincial review of Tories’ detested planning legislation

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This article was published 26/02/2024 (588 days ago), so information in it may no longer be current.

The Kinew government is taking a second look at contentious planning legislation passed by the Progressive Conservatives that gives provincial appointees power to overturn development decisions by elected officials.

A slew of amendments made to the City of Winnipeg Charter and The Planning Act between 2018 and 2023 are up for statutory review, and broad consultation with municipalities, the development community and the public is scheduled to get underway this spring.

The review focuses on two bills — Bill 37 and Bill 34 — both of which were opposed by municipalities, owing in part to new powers given to the Municipal Board to hear appeals of local council land-use decisions.

“We strongly contest the Municipal Board’s authority to contest decisions made by democratically elected local officials,” Association of Manitoba Municipalities president Kam Blight said. “Local councils are elected to represent their constituents (and) community goals, and should retain the autonomy over land use planning decisions affecting their communities.”

The former PC government introduced Bill 37 (The Planning Amendment and City of Winnipeg Charter Amendment Act) in November 2020 stating it would ensure municipal governments make timely, fair and transparent land-use decisions and accelerate growth in the Winnipeg metropolitan region. It became law in May 2021.

The amendments followed a 2019 review by the Treasury Board secretariat — ordered amid a feud between former premier Brian Pallister’s government and the City of Winnipeg — that found regulatory oversight of development activities is inconsistent, subjective and often arbitrary. It also singled out the city for a “dysfunctional” permitting process.

Blight said he expects the province will get an earful when it begins consultation.

“It’s an unacceptable burden on (taxpayers). Those funds should be invested into community, not to legal fees and hearings to justify elected officials’ decisions.”– Kam Blight

Many of the concerns municipalities raised when Bill 37 was first introduced have materialized, with some communities forced to spend up to $100,000 to defend their decisions at the Municipal Board, he said.

“In a lot of cases the appeal process is delaying development,” Blight said. “It’s an unacceptable burden on (taxpayers). Those funds should be invested into community, not to legal fees and hearings to justify elected officials’ decisions.”

The government is hiring an independent consultant to conduct the review, which will include an analysis of appeal costs, impacts on planning processes, adherence to timelines set in legislation, public perceptions of the process and a cross-jurisdiction comparison.

At a high-level, it will determine if the legislation had the intended effect of ensuring development decisions are timely, consistent, transparent and accountable, as described by the former PC government. A report with findings is expected in the fall.

NDP Municipal and Northern Relations Minister Ian Bushie would not speculate on possible changes or if the Municipal Board will retain its authority to hear appeals on local development decisions.

“I don’t want to say there’s going to be predetermined outcomes in the review,” Bushie said.

Amendments are not expected before the review is completed and municipalities have had a chance to offer their opinions, the minister said. Last month, Premier Wab Kinew hinted changes could be coming to support accelerated housing development in Winnipeg.

“Municipalities will have their chance to voice the concerns that they didn’t have the chance to voice in the establishment of Bill 37,” Bushie said. “Any implementation of any recommended changes will be in conjunction with the municipalities, so they do, in fact, have a voice in being able to develop and improve the legislation.”

Winnipeg Mayor Scott Gillingham said he looks forward to the review and remains concerned about the role of the Municipal Board, which rejected a 199-unit, age 55-plus apartment complex in west Winnipeg in November 2022.

“We have to ensure the legislation is accomplishing the goal of getting more housing built more quickly,” the mayor said in a statement.

However, property and development chair Coun. Sherri Rollins said the province doesn’t need to wait for the results before acting on Bill 37. She wants parts of the bill that tie development agreements to building permits brought into force.

“If I want to get this economic engine running, if I want to get housing accelerated, I really need that bill proclaimed and the whole of the act,” said Rollins (Fort Rouge-East Fort Garry).

“I’m really interested in the acceleration of that, not so much the stakeholder engagement.”

The city’s relationships with the province and development community have been reset under a new mayor and executive policy committee that is focused on adding housing, Rollins argued.

“To do and get the whole enchilada done a little quicker, in terms of larger builds, we need Bill 37 proclaimed,” she said.

Meanwhile, the City of Selkirk will argue to be removed from the Winnipeg capital planning region established in Bill 37. It is one of 18 communities surrounding Winnipeg mandated to participate in the region and subject to its forthcoming regional planning bylaw, due next January.

“All Selkirk wants is the same autonomy to develop our community as all the other cities in Manitoba,” Selkirk chief administrative officer Duane Nicol said.

The CAO said there is no economic or social rationale for Selkirk to be included in the region. He is also concerned its authority and mandate is too far-reaching.

If the NDP government releases the city from the region before the year ends, it will be considered a win, he said.

“We’re not saying it should not exist, we’re just saying Selkirk does not fit and we should not be a part of it,” Nicol said.

In a prepared statement, the Opposition PCs did not respond to the ongoing concerns municipalities have with the former government’s legislation. Instead, municipal relations critic Trevor King took a dig at the former NDP premier Greg Selinger’s government.

“Municipalities across Manitoba should be cautious of the NDP, which bullied mayors and reeves, called them insolent children, and forced them to amalgamate without consultation the last time they were in government (prior to the 2016 election),” King said.

danielle.dasilva@freepress.mb.ca