Bill 185 once again seeks to…

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. The government should – 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).

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.

Bill 85, 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.