York University
Faculty of Environmental Studies
COURSE OUTLINE
Fall Term 2014
ENVS 6165 - LAND USE PLANNING LAW
This course examines the law governing land use planning and development. The
jurisdiction of municipal and provincial governments, specific land use planning
instruments, and the development process are addressed. The rights and roles of
landowners and developers, citizens, public-sector entities and non-governmental
organizations in these processes are examined. The course is taught by municipal and
land use planning lawyers.
Course Directors:
Ken Hare B.A., M.E.S., LL.B.
T: 416-585-6404
E: [email protected]
Ministry of the Attorney General, Legal Services Branch – Municipal Affairs &
Housing
Ken is engaged in a range of municipal and planning law matters, with a focus on
representing the Province in land use planning appeals before the Ontario
Municipal Board. He previously practiced at law firms in Toronto, and at regional
and local municipalities. Ken has appeared before the courts (civil litigation and
prosecutions), Ontario Municipal Board, Ontario Rental Housing Tribunal, and
municipal committees and council. He was Past Chair (2004-05) of the Municipal
Law Section of the Ontario Bar Association and is a member of The Advocates'
Society.
John Mascarin B.A., M.A., LL.B.
T: 416-865-7721
E: [email protected]
Assistant: Daniella Cammisa
(T: 416-865-7789, ext. 3141; E: [email protected])
Aird & Berlis LLP
John practices in the areas of local government and municipal law, development,
land use and planning law, and building and construction regulation. He appears
regularly before municipal councils, committees, public authorities and boards,
administrative tribunals and the Ontario Courts. He is a Certified Specialist in
Municipal Law: Local Government and Land Use Planning and Development by
the Law Society of Upper Canada and is a Past Chair (2008-09) of the Municipal
Law Section of the Ontario Bar Association and an Associate member of the
International Municipal Lawyers Association. John has authored numerous
articles and texts, including A Comprehensive Guide to the City of Toronto Act,
Annotated Ontario Building Code Act, Annotated Land Development Agreements,
Ontario Municipal Act & Commentary, The Annotated Municipal Act (2nd Ed) and,
most recently, the Municipal title of Halsbury’s Laws of Canada.
Office hours: Strictly by appointment (please e-mail or call in advance to set a time)
COURSE INFORMATION
Class Times
Wednesday Evenings, 5:30-8:30 PM (beginning September 10, 2014)
Classroom
401 HNES
Course Purpose
The following is an outline of the course, its teaching and evaluation methods, and a tentative
schedule of topics and readings to be covered in classes. Any updates or supplements to the schedule
will be distributed as the course progresses.
The emphasis of the course is on the law of the land use planning and development in Ontario. This
course will provide an overview of the law of land use regulation in Ontario, with an emphasis on the
processes, approvals, negotiations and contractual arrangements involved in development of land with
reference to the Planning Act.
Topics will include the provincial and municipal roles in land use planning and a close examination of
the various land use planning instruments, including official plans, zoning by-laws, site plan approval,
development permits, building permits, etc. The course will also examine indirect land use controls
such as the subdivision of land, community improvement plans, development charges and other fees,
charges and levies. Students will be introduced to legislation that regulates the heritage protection of
built form, building and construction regulation and the real property rights in Ontario.
The historical and modern role of the Ontario Municipal Board (OMB) and the new authority for local
appeal bodies will be discussed. Emphasis will be placed on the significant role that local government
has with respect to land use planning. The course will accordingly combine aspects of municipal law
with an understanding of the land development process.
Overall, the course will seek to provide students with a comprehension of the powers and rights
available to citizens, stakeholders, landowners, governments, non-governmental organizations, and
public sector agencies in shaping land use planning in Ontario.
Learning Objectives
As learning objectives, students should, by the end of the course:
•
demonstrate a high degree of knowledge of the main principles and rules applicable to the
land use planning regime in Ontario, with a particular focus on the Planning Act and related
case law, and be able to apply these principles and rules to various fact situations in a
relevant, precise and well-structured way;
•
have an appreciation of other important Ontario statutes that impact the land use planning
and development regime in Ontario, and be able to apply relevant portions of these statutes;
•
be familiar with the basic functions and powers of municipalities in Ontario;
•
understand the general role and the administrative procedures of the OMB and the matters
the tribunal adjudicates;
•
develop and maintain a critical perspective on the land use planning regime in Ontario, and be
able to explain how certain policy objectives may be alternatively frustrated or fulfilled by
aspects of the regime; and
•
be able to critically evaluate and analyze formal decisions related to land use planning made
by municipalities, the Province, the OMB and other approval authorities.
Teaching
Classes will be taught in a lecture format with room for questions and class discussion. Students are
encouraged to contribute and, in fact, a component of the overall final grade will be for student
participation during the course.
Core readings for each class are assigned in accordance with the reading list set out in the course kit
and on the course website (which may be periodically revised, supplemented or updated). Students
are expected to have completed the core readings in advance of each class. The reading
materials have been chosen in an attempt to capture the essentials of the principles for each subject
matter. Supplementary readings are also listed and lectures may capture analysis and details from
same.
Slide presentations will be used for the majority of the class lectures by the instructors to supplement
their oral presentations and the course readings; every effort will be made to ensure that the
presentations are posted to the course website shortly in advance of each class in order to facilitate
effective note-taking.
In addition, efforts will also be made to include presentations by guest lecturers.
Classes will proceed most efficiently and effectively if students have read the materials before class
and are able to make meaningful contributions to any class discussion. Students are strongly
encouraged to prepare detailed summaries and outlines and not to rely only on the slide presentations
(which are simply frameworks for the lectures, readings and other resources).
All readings for the course other than those in the required text are available in the course kit and via
links to the companion website of the required text or to relevant legislation or judgments and tribunal
decisions.
Evaluation
Students will be evaluated upon:
1. Class Participation – 10% of final grade
2. Mid-Term Examination – 30% of final grade
3. Final Examination - 60% of the final grade
The overall purpose of the course is to ensure that students receive a fundamental grounding in land
use planning law and the method of evaluation seeks to ensure that the purpose is met.
Class participation involves more than simply attending classes – students are expected to be engaged
and not only ask questions but respond to matters and be able to discuss unit topics.
The instructors will not be accepting submissions of formal research papers in lieu of final
examinations, as typically, research papers tend to focus on only a single or limited aspect of the
course instead of a comprehensive survey of the units of the course.
The instructors will make every effort to grade and provide feedback to students on the written midterm examinations on a timely basis.
Any student who wishes to discuss his or her final grade may schedule an appointment - please note
that the instructors will be teaching in the Winter term at Osgoode Hall Law School and any meeting
will likely take place there or at their respective offices in Toronto.
Materials
1. Required Text
Robert G. Doumani and Patricia A. Foran, Ontario Planning Legislation and Commentary, 2015 Edition
(Markham: LexisNexis Canada Inc., 2014).
This text includes the Planning Act and its regulations; numerous other land use planning statutes and
their regulations and various provincial plans; the Provincial Policy Statement (2014) and detailed
commentary on all of the foregoing legislation, policies and plans.
2. Course Binder
A course kit with all required course readings (except for legislation available on e-Laws or other
provincial government sources) has been prepared. The course kit includes caselaw, excerpts from
secondary sources, articles and other useful information. In addition, required course readings are
available on the course website, at https://moodle.yorku.ca/. Select 2014/2015 Courses, then
select the course link: ES/ENVS6165A - Land Use Planning Law (Fall 2014-2015).
The detailed lecture schedule and reading list acts as the index for the course kit.
All Ontario statutes and regulations can be accessed at e-Laws: www.e-laws.gov.on.ca
Schedule of Topics and Readings
A tentative schedule of topics and readings is listed in the course kit and on the course website.
Please note that this schedule is provisional and is subject to change.
Revisions to the course lecture schedule and modifications or additions to the readings will be posted
to the course website.
YORK UNIVERSITY ACADEMIC POLICIES
Academic Honesty and Integrity
Students are required to maintain high standards of academic integrity and are subject to the York
Senate Policy on Academic Honesty.
The Senate Policy can be found at:
http://www.yorku.ca/secretariat/policies/document.php?document=69.
The York University academic integrity website can be found at:
http://www.yorku.ca/academicintegrity.
Religious Observance
York University is committed to respecting the religious beliefs and practices of all members of the
community and making accommodations for observances of special significance to adherents. Should
any of the dates relating to examinations or assignments for this course pose such a conflict for you
please let the instructors know within the first three weeks of class. Please note that to
arrange an alternative date or time for an examination scheduled in the formal examination periods,
students must complete an Examination Accommodation Form which can be obtained from
http://www.registrar.yorku.ca/pdf/exam_accommodation.pdf. Further information can be found at
https://w2prod.sis.yorku.ca/Apps/WebObjects/cdm.woa/wa/regobs.
Students with Disabilities
York University has a range of resources to assist students with physical, mental, psychiatric and
learning disabilities in achieving their educational objectives. Students with disabilities requiring
accommodation in the classroom or in the examination or evaluation process are encouraged to
identify themselves to York’s Office for persons with Disabilities (N108 Ross) as soon as possible. York
students who may require additional accommodations are encouraged to contact York’s Counselling &
Disability Services (CDS). All requests for accommodation will be kept confidential. Requests for
examination accommodation must be approved by the Assistant Dean (Student Services), Ronda
Bessner.
Other York University Policies
Further information concerning relevant York University academic policies, such as the Ethics Review
Process for research involving human participants is available on the VP Research and Innovation
webpage: http://www.yorku.ca/research/support/ethics/index.html as well as on the FGS webpage for
graduate students: http://www.yorku.ca/grads/policies_procedures/research_ethics.html
08 08 2014