By Jacqueline Wilson
Bill 185 once again seeks to remove the public’s ability to appeal the adoption or amendment of Official Plans and Zoning By-Laws. These amendments were first included in Bill 23 in 2022 but were rightly removed from the Bill in response to public concern. We urge the government to – once again – remove these proposed amendments and maintain the public’s critical, long-standing right to appeal local land use decisions to the Ontario Land Tribunal (OLT).
Canadian Environmental Law Association (CELA) has worked with countless community groups all over the province on local land use planning matters. Those community members are seeking to make their communities better. Land use planning is critical to a healthy local environment. A strong land use planning system can prevent environmentally destructive and costly mistakes about where all types of developments are located.
When the land use planning regime is working well, it helps to protect critical resources like agricultural land and water resources. The core role of municipalities in developing official plans and zoning by-laws in consultation with the public means these decisions are responsive to local circumstances. Robust community engagement is critical to the development of sustainable, healthy, climate-safe communities.
Residents who are concerned about any Official Plan or zoning change that would negatively affect local water or air quality will be left without the opportunity to seek a reasoned, fair, and transparent review by the OLT. Without this long-standing “safety valve” mechanism for challenging or reversing poor municipal planning decisions at the OLT, public consultation rights under the Planning Act will be hollow and illusory.
These amendments will also likely have the effect of causing more Court-based litigation, which will have unanticipated consequences such as delay and high costs for all parties.
Inclusive public hearing processes are deeply important to a healthy democracy, in the literal sense of living a credo of “think global and act local.” The former chair of the Ontario Municipal Board from 1960 to 1972, J.A. Kennedy stated that “public participation is an important feature of the Planning Act, and it has served this province well. The administration of the natural environment is also public business….” He also noted the importance of the public having a voice in the formulation of plans and policies that affect their neighbourhoods.
The importance of citizen engagement at the OLT has been reiterated over and over again. In 2003, David J. Johnson, Chairman of the Ontario Municipal Board (OMB), the former name of the OLT, stated: “At the OMB, the impact of decisions can be far-reaching. People rightly hold strong opinions on questions of planning and development in their communities. Given such diverse viewpoints, making decisions on matters affecting people and their neighbourhoods is a significant challenge. Debate and media reports on the OMB tend to focus on large-scale development, sometimes questioning the very existence of the Board. This debate and coverage is healthy, articulating and reinforcing the importance people place on the future of their communities.”
The public deserves to maintain their say in how their neighbourhoods develop and the quality of their local environments. We urge you to:
- Contact your local MPP and tell them that Bill 185, Schedule 12 should not remove the long-standing right of the public to appeal the adoption or amendment of Official Plans and Zoning By-Laws to the Ontario Land Tribunal.
- Make a submission under the Environmental Registry Posting # 019-8369 by May 10, 2024 to oppose the removal of the public’s appeal rights: Proposed Planning Act, City of Toronto Act, 2006, and Municipal Act, 2001 Changes (Schedules 4, 9, and 12 of Bill 185 – the proposed Bill 185, Cutting Red Tape to Build More Homes Act, 2024) | Environmental Registry of Ontario
Image courtesy of @Vintage Medical via Canva.com
Blog: Bill 185 Threatens to Remove the Public’s Appeal Rights on Land Use Planning Affecting Their Communities
By Jacqueline Wilson
Bill 185 once again seeks to remove the public’s ability to appeal the adoption or amendment of Official Plans and Zoning By-Laws. These amendments were first included in Bill 23 in 2022 but were rightly removed from the Bill in response to public concern. We urge the government to – once again – remove these proposed amendments and maintain the public’s critical, long-standing right to appeal local land use decisions to the Ontario Land Tribunal (OLT).
Canadian Environmental Law Association (CELA) has worked with countless community groups all over the province on local land use planning matters. Those community members are seeking to make their communities better. Land use planning is critical to a healthy local environment. A strong land use planning system can prevent environmentally destructive and costly mistakes about where all types of developments are located.
When the land use planning regime is working well, it helps to protect critical resources like agricultural land and water resources. The core role of municipalities in developing official plans and zoning by-laws in consultation with the public means these decisions are responsive to local circumstances. Robust community engagement is critical to the development of sustainable, healthy, climate-safe communities.
Residents who are concerned about any Official Plan or zoning change that would negatively affect local water or air quality will be left without the opportunity to seek a reasoned, fair, and transparent review by the OLT. Without this long-standing “safety valve” mechanism for challenging or reversing poor municipal planning decisions at the OLT, public consultation rights under the Planning Act will be hollow and illusory.
These amendments will also likely have the effect of causing more Court-based litigation, which will have unanticipated consequences such as delay and high costs for all parties.
Inclusive public hearing processes are deeply important to a healthy democracy, in the literal sense of living a credo of “think global and act local.” The former chair of the Ontario Municipal Board from 1960 to 1972, J.A. Kennedy stated that “public participation is an important feature of the Planning Act, and it has served this province well. The administration of the natural environment is also public business….” He also noted the importance of the public having a voice in the formulation of plans and policies that affect their neighbourhoods.
The importance of citizen engagement at the OLT has been reiterated over and over again. In 2003, David J. Johnson, Chairman of the Ontario Municipal Board (OMB), the former name of the OLT, stated: “At the OMB, the impact of decisions can be far-reaching. People rightly hold strong opinions on questions of planning and development in their communities. Given such diverse viewpoints, making decisions on matters affecting people and their neighbourhoods is a significant challenge. Debate and media reports on the OMB tend to focus on large-scale development, sometimes questioning the very existence of the Board. This debate and coverage is healthy, articulating and reinforcing the importance people place on the future of their communities.”
The public deserves to maintain their say in how their neighbourhoods develop and the quality of their local environments. We urge you to:
Image courtesy of @Vintage Medical via Canva.com
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