Email this pageApplying the Provincial Policy Statement
Provincial Policy Statement
The new Provincial Policy Statement (PPS) provides policy direction on matters relating to land use planning that are of provincial interest. It is issued under the authority of Section 3 of the Planning Act and applies to all applications, matters or proceedings commenced on or after March 1, 2005.
The PPS plays a key role in Ontario’s planning system by providing the policy foundation necessary to regulate the development and use of land. It is the basis of the province’s policy-led planning system, and supports the provincial goal of strong, livable and healthy communities.
The PPS provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural environment. It supports improved land use planning and management, contributing to a more effective and efficient land use planning system.
The PPS is based on sound planning principles and applies to all communities in Ontario. While some communities are growing rapidly, others face different challenges, such as diversifying their economies or maintaining their population.
But, while the challenges may be different, the principles of strong communities, a clean and healthy environment, and a strong economy set out in the policies apply throughout Ontario.
Section 3 of the Planning Act has been amended to require that all decisions affecting land use planning matters “shall be consistent with” the PPS.
Prior to this amendment, Section 3 required that planning authorities must “have regard to” policy statements issued under the act when exercising any authority that affects a planning matter.
The “shall be consistent with” standard ensures that the policies in the PPS are applied as an essential part of the land use planning decision-making process.
The “shall be consistent with” standard is not defined in the Planning Act or in the PPS. Normally, words that are not defined in legislation are given their common or ordinary meaning. This is a general principle that applies to all legislation, policies and regulations. Dictionary meanings are useful for the purpose of establishing the meaning of a term. As an example, the Webster Dictionary defines the term “consistent” to mean:
By way of comparison, other sections of the Planning Act use the term “conform” when referring to the relationship between a zoning bylaw or a public work and an official plan, or “comply” when referring to legislation or regulations. These terms provide little flexibility.
Viewed in comparison to the previous implementation standard of “shall have regard to,” “shall be consistent with” is a higher policy implementation standard and is a more demanding test. It requires decision-makers to apply the policies and make decisions that are consistent with the applicable policies of the PPS. It is a strong implementation standard focusing on achieving policy outcomes, but it retains some flexibility for implementation.
The PPS recognizes the complex interrelationships which exist between strong communities, a clean and healthy environment and a strong economy, and provides policy direction to achieve an appropriate balance between these interests.
The “shall be consistent with” provision requires that provincial interests remain an essential part of decision-making so that provincial policies are implemented within the local context.
In keeping with
The PPS policies have been designed to include a number of elements that are intended to facilitate their implementation in a local planning context, specifically: These elements provide an implementation framework that recognizes the diversity and uniqueness of communities across The policies of the PPS provide minimum standards.
Within the framework of the provincial policy-led planning system, municipalities are encouraged to build upon these minimum standards to address matters that are important in a specific community or area. In developing official plan policies and when making decisions on planning matters, the PPS is not intended to prevent planning authorities and decision-makers from going beyond the minimum standards established in specific policies, unless doing so would conflict with any other policy of the PPS. Having provincial policies that establish minimum standards is important to ensure the protection and wise management of key matters that affect our collective well-being – such as the protection of our water, our environment and our farmlands.
The PPS recognizes the diversity which exists across As an example, policy 1.4.3(a) requires planning authorities to establish and implement targets for affordable housing. While the policy identifies the provincial interest in affordable housing and requires all planning authorities to include affordable housing in their planning, the approach recognizes that planning authorities are in the best position to evaluate and determine the affordable housing they need. This approach protects provincial interests, while recognizing the important role of local planning in determining and implementing the appropriate target.
While being consistent with provincial policies means the PPS must be applied in making planning decisions, all policies may not be relevant to every site, feature or area. The policies contain a range of geographic scales. Some of the policies refer to specific areas or features, such as a provincially significant wetland, or the area around an airport. These policies can only be applied where these areas or features exist. Other policies refer to planning objectives that need to be considered in the context of the municipality as a whole, or a planning area within the municipality, rather than in the context of a specific site or development proposal. Consider, as an example, policies relating to the provision of an appropriate range of housing types and densities. These policies apply across the planning jurisdiction. Such policies are not intended to require development in features or areas where other policies would not permit development. For example, policies that promote intensification or those relating to the provision of an appropriate range of housing are not intended to require development in areas where development is prohibited by other policies, such as in provincially significant coastal wetlands, floodways, or the habitat of endangered and threatened species. Some policies set out positive directions, such as “settlement areas shall be the focus of growth.” Other policies set out limitations and prohibitions, such as “development and site alteration shall not be permitted.” Other policies use enabling or supportive language, such as “should,” “promote” and “encourage.” The choice of language is intended to distinguish between the types of policies and the nature of implementation. Policies expressed as a positive direction and policies with enabling or supportive terms generally provide some discretion on the way to achieve the specific policy goal. To assist decision-makers, the following principles should be used as they apply the policies to specific sites, features or areas: There is significant diversity in local communities across Ontario – in matters such as population distribution, economic activity, development pressures and physical and natural conditions. The PPS focuses predominantly on the desired outcomes, or end-states, rather than specifically prescribing the process that must be followed. Consider, as an example, the policies protecting prime agricultural areas for the long-term. The identification of these lands can be based on provincial criteria, but municipal or alternative approaches that achieve the same goal can also be used. Several municipalities have used an alternative process such as an agricultural Land Evaluation Area Review (LEAR) to identify these types of lands. The PPS recognizes that local contexts vary and permits different approaches for achieving the desired outcome. ISBN 0-7794-8378-2 PDF
Decisions Affecting Planning Matters "Shall Be Consistent With" the PPS
Shall Be Consistent With
Applying the PPS Policies
Minimum Standards Provided by the Policies
Further Steps By Planning Authorities
Range of Policies and Scales to Which Policies Apply
The Language of the Specific Policies
Predominant Focus on Desired Outcomes
This InfoSheet was developed to assist participants in the land use planning process to understand the PPS and the new implementation standard. The information in the InfoSheet should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. It is recommended that independent legal or professional advice be obtained when determining the effect of the PPS and the new implementation standard.
For more information contact:
Provincial Planning Policy Branch
(416) 585-6014
ISBN 0-7794-8376-6 PRINT
