To Whom It May Concern:…

To Whom It May Concern:

Thank you for the opportunity to provide feedback on ERO posting 025-0418. Please see attached an electronic submission from the City of Burlington. Below are the key points extracted from the submission, c/o of City's Community Planning Department.

While staff are generally supportive of the balance of the proposed amendments, staff have questions about how the proposed exemptions will implement existing Provincial policy under the PPS, 2024.

The most significant challenge related to the new exemptions is that by exempting a site from archaeological requirements, including an archaeological assessment, it is not possible to determine whether a site is significant or not. That is, if properties are exempt from assessment, archaeological resources of cultural heritage value and significant sites may fail to be conserved and unknowingly destroyed.

Staff note that while archaeological assessments under the Funeral, Burial and Cremation Services Act, 2002, cannot be exempted (e.g., to ensure cemeteries are protected), the location of many Indigenous cemeteries and burial grounds may not be known. This is where archaeological assessments as part of development applications play a critical role in ensuring any Indigenous cemeteries and burial grounds are identified prior to development. Staff agree that known (likely “settler”/colonial, e.g., United Empire Loyalist) cemeteries will continue to be protected.

In addition to those concerns, staff suggest that information related to the following elements are required to assess the proposed exemption power:
- The United Nations Declaration on the Rights of Indigenous People, Article 11, gives Indigenous peoples a central role in the management of their archaeological heritage. How has or will feedback from Indigenous communities be considered in this approach?
- How will specified provincial priorities be established?
- How will other prescribed provincial priorities be established?
- How will regulation and associated criteria be developed? It is unclear what criteria must be met for a property to be eligible for an exemption.
- How will criteria be reviewed and how will properties qualify to be eligible for an exemption? How will municipalities implementing the PPS, 2024 be engaged in those decisions?

We look forward to continued collaboration on Bill 5 and please feel free to contact us should there be any follow-up questions or information required.

Best,

Jayson Doll
Corporate Strategic Lead, Government Relations
Office of the Chief Administrative Officer (CAO)
jayson.doll@burlington.ca