The honeymoon is over: Proposed Bill 68 and its implications for infrastructure planning in Ontario Municipalities

The honeymoon is over: Proposed Bill 68 and its implications for infrastructure planning in Ontario Municipalities

In November 2016, the Ontario government tabled Bill 68, Modernizing Ontario’s Municipal Legislation Act. This bill, if passed, will introduce a series of reforms to the Municipal Act and the Planning Act which outline the legislative, administrative, and financial responsibilities of Ontarian municipalities. There are 3 major provisions proposed in this Bill. First, municipalities will be required to have a policy pertaining to protection and enhancement of their tree canopy and natural vegetation. Second, the proposed amendments would authorize Cities to pass a by-law respecting the protection or conservation of the environment that requires buildings to be constructed with green roofs. Third, municipalities will have clearer jurisdiction to regulate with respect to climate change and energy conservation. If the Bill is passed into Law, it is likely to trigger changes in Ontario's asset management planning regulation system and will transform infrastructure investment and planning, while changes to the Planning Act and the Municipal Act will expand municipal powers to engage in long-term energy planning and to adopt by-laws on energy and climate change. The proposed changes require commitment from both elected officials and municipal administration coupled with continued federal government support through infrastructure grants to complement existing sources of local revenue.