One major issue with…

One major issue with Ministerial Zoning orders not having to be consistent with the PPS relates to Indigenous Treaty Rights as per Section 35 of the Constitution Act. An MZO that ignores protections on environmental or cultural/archaeological resources would therefore be in violation of the Constitution and the Duty to Consult - as established by the Supreme Court of Canada.

Many First Nations communities have treaty rights that include the right to hunt, fish, and gather foods and medicines from their treaty lands - forever. Resource development or housing projects impacts those treaty rights - which is why the current Planning Act requires Indigenous engagement. If the provincial government uses an MZO to avoid this engagement, it breaks promises in violation of the Supreme Court decision.

Any decision by the provincial government to ignore or suspend the legal rights of the First Nations is illegal, will harm their communities, and be an international embarrassment.