The current proposal under…

The current proposal under Bill 136 seeks to make amendments to three (3) acts: The Greenbelt Act, 2005, the Ministry of Municipal Affairs and Housing Act, and The Oak Ridges Moraine Conservation Act, 2001. The centerpiece of the proposed legislative changes suggests returning those lands removed from the Greenbelt Plan area and Oak Ridges Moraine Plan area in December of 2022 while retaining the lands that were also added at that time. Additionally, it is proposed that Section 2 of both the Greenbelt Act and the Oak Ridges Moraine Conservation Act will be “re-enacted” to describe the Greenbelt Plan area and Oak Ridges Moraine Plan area respectively. Currently, these areas are described through regulation (O.Regs. 59/05 & 1/02) and as such may be amended through a decision of the Lieutenant Governor in Council. Repealing the regulations, as proposed, and describing the extent of lands within Section 2 of the respective Acts would remove the authority of the Lieutenant Governor and Council to make amendments. Any future additions/removals to the Greenbelt Plan area or the Oak Ridges Moraine area would require the approval of the Ontario Legislature.

Other changes proposed to the Greenbelt Act, the Oak Ridges Moraine Conservation Act, and the Municipal Affairs and Housing Act seek to limit liability resulting from amendments to the Acts or Regulations for employees, officers, or agents of the Crown in right of Ontario or current or former members of the Executive Council related to the specified actions.

Finally, the Duffins Rouge Agricultural Preserve Repeal Act, 2022 (DRAPA) is proposed to be repealed, and the Duffins Rouge Agricultural Preserve Act, 2023 is to be enacted in its place. This Act pertains specifically to lands in north Pickering that were removed from the Greenbelt Plan area in December of 2022. This Act applies a number of covenants and easements for conservation purposes to lands within its area of applicability. Similar to other proposed changes, the DRAPA will include similar language limiting the liability of Crown employees, officers and agents regarding specified actions.

Discussion.

Similar to the 2022 consultation on removing lands from the Greenbelt Plan area, this proposed reversal has limited direct impact to lands within the City of Burlington. No lands were originally suggested to be removed or added from the Greenbelt Plan area within Burlington, which is primarily comprised of lands subject to the Niagara Escarpment Plan. Adding the lands back into the Greenbelt Plan area, including the Protected Countryside lands, as well as the re-enactment of DRAPA responds to the a significant amount of comments from the original consultation that were critical of the province’s direction regarding Greenbelt removals. Adding the previously removed lands back into the Greenbelt Plan area, as well as retaining those lands added, is a direction that is supported by City of Burlington planning staff.

Concerns remain regarding the framework used to undertake the original assessment that led to the removal of selected Greenbelt lands. The proposal to make future additions or removals an act of the Legislature may ensure a more robust engagement process is carried out, but it does not guarantee that the future technical assessment and justification of removals/additions will be appropriately carried out. It is noted that the same body that appoints the Lieutenant Governor in Council will now be the decision maker. This does not fundamentally ensure a fair and equitable process, nor does it remove potential political interference from future decisions. Furthermore, the proposed language being introduced for indemnifying employees, agents, or officers of the Crown in such decisions removes a crucial component of any decision-making process: accountability. The addition of the proposed language seeking to limit liability does not demonstrate a commitment to a transparent and fair process in the future. Limiting the liability of the decision-making entity(ies) in the manner proposed is not supported by City of Burlington planning staff.

The original ERO Posting (019-6216) received a total of 29,247 comments many of which contained valuable and constructive responses from multiple stakeholders within various disciplines. These responses not only represent the keen interest in the protection of the Greenbelt, but also provides invaluable information from which MMAH could construct a future assessment framework. Consideration should also be given to amending the relevant Acts such that removals or additions to the Greenbelt Plan area may only occur at the time of a coordinated review of the Provincial Plans. This would ensure a more robust and transparent process led by the respective Provincial agencies, while also ensuring the overlapping nature of the policies of the Provincial Plans are properly assessed and justified.

Conclusion

City of Burlington Planning Staff support the return of the previously removed lands to the Greenbelt Plan area. Staff are concerned that the proposed indemnification language has the potential to undermine the objective of a transparent and accountable process. A commitment to future engagement on the development of a transparent and technically based assessment framework would also be well received, and is a process that City of Burlington staff would gladly participate in. Such a direction would represent a proactive approach to land use and environmental planning, and one which the City could rely on for land use planning decisions moving forward.