Ontario’s Land Use Compatibility Guideline

CELA provided these general and specific comments in response to Ontario’s proposed Land Use Compatibility Guideline (ERO Posting 019-2785).

The Guideline aims to achieve and maintain land use compatibility between major facilities and sensitive land uses when a planning approval is needed for a new or expanding sensitive land use, proposed near an existing or planned major facility; or a new or expanding major facility, proposed near an existing or planned sensitive land use, under the Planning Act. The Guideline will also be applied by municipalities while incorporating land use compatibility policies and principles into various land use planning tools under the Planning Act and other legislations.

CELA urged MCEP to account for a risk- based approach in the context of compliance; include cumulative impact assessment; and apply an equity lens in crafting the Guidelines. The following comprised CELA’s official recommendations:

The AOIs and MSDs should be increased for Class 1 and Class 2 major facilities to address the inequities created by MECP risk-based approach to compliance when complaints involve “low-risk” impacts.
The MCEP should re-evaluate its risk-based approach to compliance and include “low-risk” impacts among the types of incidents it will respond to.
The Guideline should require a cumulative effects assessment for all existing facilities as well as new and expanding facilities.
The Guideline should provide detailed guidance on how cumulative effects assessments are to be integrated within the broader planning regime.
The MCEP should apply an equity lens in crafting the Guideline.

Authored by:
Krystal-Anne Roussel, Counsel
Maneka Kaur, Student at Law

To download the submission click the following link: CELA_Submission_Land_Use_Compatibility_Guideline