An Access Environment audit…

An Access Environment audit of all commercial facilities within the Town that are adjacent to or near sensitive land uses reveals most, if not all, of these facilities lack the required environmental approvals from the MECP to operate lawfully (environmental compliance approval (ECA), activity registration, Directors' letter). Some of these properties, such as the ones located at 900 Steele’s Ave, 620 Thompson Rd S, and 6005 Derry Rd, operate 24 hours a day and are mere feet from sensitive land uses. There is no lawful use, operation, or construction of these facilities without an ECA, activity registration, or a Director's letter according to s. 9(1) of the Environmental Protection Act (EPA). Under s. 14(1) of the EPA, the MECP must ensure all likelihood of contaminant discharges (light, sound, odours, etc) have been abated to a trivial level. Residences or facilities where people sleep are considered to be sensitive 24 hours/day.

This is a very serious issue that requires immediate MECP intervention. All land use planning and resource management agencies within the Province shall have regard for the implications of their actions respecting the creation of new, or the aggravation of existing, land use compatibility problems. When there is a contravention of Ministry legislation, Ministry staff shall enforce compliance (https://www.ontario.ca/page/d-1-land-use-and-compatibility).

This amended master plan can not be approved until all existing incompatible land uses and all properties where a theoretical possibility of a contaminant discharge may cause an adverse effect are brought under the control of an ECA. A full forensic audit may be needed.

In the past, there appears to have been a complete lack of respect from MECP, the staff, and elected officials of the Town of Milton for their duties under the EPA and the rule of law, which protects attributes of property ownership, in particular, the enjoyment of property.

The EPA was passed in 1971 to bring an end to this sort of abuse by individuals, corporations, and governments. However passing of legislation is insufficient. Zero tolerance enforcement is required. The MECP must ensure legislative compliance.

The EPA prevails over all other legislation and bylaws (s. 179 (1)). The EPA binds the Crown (s. 20)

Definitions of the terms used in this comment can be located at https://www.ontario.ca/page/d-1-3-land-use-compatibility-definitions