Thank you for providing the…

Thank you for providing the opportunity for the County of Bruce to comment on Bill 23 and the associated legal and regulatory changes through the Environmental Registry.

Bruce County and our eight local municipalities are committed to supporting the province’s goals to increase housing supply, bring more affordable housing to market and streamline the development process to get more homes built faster.

Ahead of the introduction of Bill 23, Bruce County and its partner municipalities were already working on initiatives to increase the supply of affordable housing by updating planning documents to permit additional residential units as-of-right; creating an affordable housing tool kit for developers; and streamlining development approvals. Bruce County delivers planning services to our 8 partner municipalities and also delivers a range of housing services, including the construction of County owned/operated housing.

The timing of the release and commenting deadlines associated with Bill 23 was not sufficient for staff to seek input from the newly elected County Council. As such, our comments reflect staff’s input on the changes proposed in Bill 23 and are informed by discussions with municipal staff, area Conservation Authority staff (Grey Sauble and Saugeen Valley), and the Saugeen Ojibway Nation Environment Office.

This letter outlines areas of concern with the Heritage Act changes outlined in this ERO posting.

Changes to the Heritage Act impact how municipalities can identify and protect cultural heritage properties. The proposed changes would require municipalities and municipal heritage committees to review and designate all properties listed on a municipal heritage registry over the next 2 years if they wish to protect them. If properties are not listed within 2 years, they could not be considered for designation for a further 5 years. Many smaller municipalities rely on the work of volunteers to identify and do the work to support designation of cultural heritage properties. It is unclear how these changes will assist with building homes faster in a Bruce County context.

There is uncertainty in the legislation where reference is made to regulations that include further criteria for designating individual properties and establishing cultural heritage districts.

The protection of cultural heritage is important to the residents and visitors to Bruce County. The built heritage in many of our municipalities ensures attraction of businesses and residents to invest in our communities.

We recommend that the province release further details of the proposed regulatory criteria for designating individual properties and conservation districts and provide additional time to review these regulations prior to changing the Heritage Act.

Consultation on Bill 23 Changes:

The timing of the release of Bill 23 and the limited commenting period that has been provided is a matter of great concern. The tabling of this legislation the day after the municipal election during a period where many local Councils and County Council were unable to hold meetings to review the proposed changes with staff and provide formal comment through Council resolutions is problematic. Given the significance of the proposed changes, staff are providing comment in the absence of County Council having the opportunity to provide formal comment.

Bruce County appreciated the apparent extension to consultation on the proposed changes in Bill 23 and was stunned and disappointed at the move to pass the legislation regardless. This submission is to record the County's displeasure with these actions taken by the Province, and the missed opportunity for meaningful consultation with municipalities about the foundational changes enacted through this legislation. We encourage the province to come to the table with organizations such as AMO, ROMA and the Warden’s Caucus’s across Ontario who represent the viewpoint of upper-tier and local municipalities across the province.

The County also encourages meaningful dialogue and consultation with First Nations communities across Ontario about the changes proposed in Bill 23. The extent of changes in Bill 23 have an impact on Aboriginal and Treaty Rights. The changes in Bill 23, in addition to the changes in Bill 109, challenge the County’s ability to engage in meaningful consultation with the First Nation communities in whose territory we provide planning services. Consideration of the Crown’s Duty to consult with First Nations must be considered by the province as part of the consultation on the changes included in Bill 23.

Further Considerations:

The County of Bruce and its partner municipalities look forward to working in partnership with the provincial government to ensure the supply of attainable and affordable housing.

The County supports innovative changes that build on the County’s best practices of streamlining the development process. County staff continue to work with the Western Ontario Warden’s Caucus, County Planning Directors and AMO to share best practices.

Thank you for taking the time to read our comments and concerns on Bill 23 and the associated consultation.