On behalf of Ontario Nature,…

On behalf of Ontario Nature, I offer the following comments regarding Bill 185, Schedule 12. Ontario Nature is strongly opposed to the proposed amendments to the Planning Act that would remove the public’s appeal rights regarding the adoption or amendment of Official Plans and Zoning By-laws.

Ontario Nature is a charitable conservation organization that protects wild species and wild spaces through conservation, education and public engagement. Established in 1931, we now represent more than 30,000 individual members and supporters and more than 150 member groups across Ontario.

The proposed amendments to the Planning Act in Schedule 12 would prevent members of the public from appealing the adoption and amendment of Official Plans and Zoning By-laws to the Ontario Land Tribunal. The right to appeal would be denied regardless of concerns about adverse impacts to the environment or human health and would apply to all land use and development decisions requiring Planning Act approval (e.g., housing developments, landfills, incinerators, quarries, industrial facilities). The right to appeal would be denied even to members of the public who participated in the municipality’s decision-making processes. With the proposed amendments, the government would be removing very long-standing appeal rights, thus impeding the public’s access to justice. At the same time, private developers would retain their right to appeal, resulting in significant unfairness.

The Ministry of Municipal Affairs and Housing has provided no persuasive, evidence-based reasons why the public’s right to appeal should be abolished. The proposed amendments are contrary to the principles of good land-use planning and procedural fairness. Members of the public who are interested in or affected by land-use decisions should be able to fully participate in and influence decision-making.

Accordingly, we urge the Ministry to remove sections 3(1), 3(2), 3(3), 3(4), 5(7) and 5(8) of Schedule 12 which would revoke public appeal rights.

We trust that our comments will be taken into consideration.