Introduction
Is Policy the Law? No, it is not, and yet Municipalities continue to tell residents, “well, this is our policy that we use”, trying to convince people that policy is law and no one has a choice.
Understanding the distinctions between policy and law is crucial for anyone engaged in government, public administration, or legal studies. While both policy and law serve as instruments of governance and societal regulation, they operate in distinct ways and serve different purposes.
We receive calls from people telling us that their municipality told them “something” that they cannot do because it is the “policy” of the municipality.
We are seeing an escalating trend where the Provincial Policy Statement – PPS, of the province is turning into by-laws created by municipalities. Unfortunately, it is difficult and costly to challenge these by-laws. A challenge will require money and a court appearance to determine if the by-law is Constitutionally valid. By-laws must be stopped before they are passed into law.
This is where by-laws are being created like an assembly in a manufacturing plant. Municipalities know they can create any by-law they want because the cost and time to challenge any by-law is beyond the majority of residents. Most municipalities are broke and passing money making by-laws is a way to keep them afloat.
Policy
Policy refers to a set of ideas or plans used as a basis for decision-making or guiding actions within an organization, institution, or government. Policies are formulated to address specific issues and provide a framework within which decisions can be made and actions taken. They are not legally binding and can be more flexible and adaptive to changing circumstances.
Law
Law, on the other hand, is a system of rules created and enforced through social or governmental institutions to regulate behavior. Laws are legally binding and must be followed by all members of society. They are enacted by legislative bodies, interpreted by the judiciary, and enforced by executive agencies.
Policy Development
Policies are often developed within organizations or governments in response to specific needs, challenges, or goals. The process of policy development can involve research, stakeholder consultations, and evaluations of various options. Policies can be influenced by political ideologies, economic conditions, and social movements. They are usually adopted by organizational leaders, boards, or government officials.
Law Making
Laws are created through a formal legislative process. This process typically involves the proposal of a bill, committee reviews, debates, and voting in a legislative body such as a parliament or congress. Once enacted, laws are codified and published in legal codes. The creation of laws is a more rigid process compared to policy development, often requiring broader consensus and adherence to constitutional principles.
Policy Implementation
Policies guide the actions of individuals and entities within an organization or government. While they are not legally binding, they carry significant weight and can impact behavior through incentives, guidelines, and organizational expectations. Compliance with policies is typically enforced by internal mechanisms such as performance reviews, disciplinary actions, or organizational norms.
Law Enforcement
Laws are legally binding and enforceable by the state. Non-compliance with laws can result in legal penalties such as fines, imprisonment, or other sanctions. The enforcement of laws is carried out by police, regulatory agencies, and the judiciary. Legal disputes arising from the interpretation or application of laws are resolved through the court system.
Policy Flexibility
Policies are generally more flexible and can be adapted or revised as circumstances change. This adaptability allows organizations and governments to respond quickly to new challenges, opportunities, or information. Policies can be updated through internal processes without the need for formal legislative action.
Rigidity of Law
Laws are typically more rigid and require a formal process to be amended or repealed. This rigidity ensures stability and predictability in the legal system, which is essential for maintaining order and protecting rights. However, it can also make the legal system slower to respond to change.
Policy Scope
Policies are often specific to particular organizations, sectors, or issues. They provide a framework for decision-making within a defined context and can vary widely between different entities. For example, a company’s HR policy will differ significantly from a government’s environmental policy.
Law Scope
Laws have a broader scope and are applicable to all members of society within a given jurisdiction. They establish general rules of conduct and apply to a wide range of situations. For instance, criminal laws govern behavior related to crimes across the entire population, while tax laws apply to all eligible taxpayers within the country.
Ontario Provincial Policy Statement (PPS)
The Ontario Provincial Policy Statement (PPS) is a key document that outlines the provincial government’s policies on land use planning and development. It serves as a policy framework that guides municipalities in making decisions on various aspects such as housing, economic development, environmental protection, and infrastructure. The PPS aims to ensure that planning decisions are consistent with the province’s goals of promoting sustainable development and protecting natural resources.
Unlike laws, the PPS is not directly enforceable by government authorities through penalties or legal action. However, municipalities are required to ensure that their local plans and decisions conform to the policies set out in the PPS. This makes the Ontario Provincial Policy Statement a policy rather than a law, as it provides guidelines and a framework for decision-making within the specific context of land use planning, rather than establishing binding rules of conduct.
This distinction highlights the importance of understanding the practical implications of environmental policies and laws. While policies like the PPS provide direction and framework, enabling flexibility and adaptability, laws enforce compliance and provide clarity on the consequences of violations. Both are essential for achieving the overarching goal of environmental stewardship and sustainable development. The interplay between policy and law helps ensure that environmental objectives are met through a combination of strategic guidance and legal mandates.
Ontario municipalities are required to ensure that their local plans and decisions conform to the policies set out in the Ontario Provincial Policy Statement (PPS). While the PPS is not directly enforceable through penalties or legal action, municipalities must align their planning decisions with the guidelines and framework provided by the PPS.
“municipalities cannot do indirectly what the province cannot do directly”.
This means that municipalities must operate within the same legal and regulatory confines as the provincial government, ensuring that their actions are consistent with provincial policies and laws. If the province cannot enforce a certain action directly due to legislative constraints, municipalities, likewise, cannot bypass these constraints through indirect measures. This principle upholds the integrity of the policy framework and ensures that local governance aligns with provincial objectives, maintaining a cohesive approach to land use planning and development across Ontario.
The indirect control of Private Land by the Provincial government is being directly implemented by municipalities. Municipalities are told to do what the province wants using the PPS and if they do not implement the PPS policies, they will lose what funding they receive from the province.
Policy is Not Law …
Jeff Bogaerts
President – OLA
June 2025