January 18, 2019 Michael…

January 18, 2019

Michael Helfinger
Senior Policy Advisor
Ministry of Economic Development, Job Creation and Trade
Business Climate and Funding Administration Division
Policy Coordination and Business Climate Branch
900 Bay Street, Hearst Block 7th Floor
Toronto, ON M7A 2E1

Ken Petersen
Provincial Planning Policy Branch
Ministry of Municipal Affairs and Housing
777 Bay Street, 13th floor
Toronto, ON M5G 2E5

Dear Mr. Helfinger and Mr. Petersen,

RE: 013-4293 Bill 66: Restoring Ontario’s Competitiveness Act, 2018; 013-4125 Proposed open-for-business planning tool; 013-4239 New Regulation under the Planning Act for open-for-business planning tool

The Couchiching Conservancy is a regional land trust, based near Orillia, which has been involved in the protection of over 13,000 acres of significant habitats in North Simcoe and adjacent areas over the past 25 years. Most of our activity is focused on securement of significant lands, the use of conservation easements to limit future uses on private properties, and voluntary stewardship projects to protect or improve habitats in cooperation with willing landowners. We rarely comment on provincial or municipal legislation; however, we feel compelled to register our serious concerns about Bill 66, Restoring Ontario’s Competitiveness Act, 2018.
Our concerns include four primary facets:

1. The provisions outlined in Schedule 10 of Bill 66 would exempt eligible business developments from a wide range of environmental protection provisions, and have the potential to result in the destruction of significant wetlands, habitats of endangered species, significant woodlands, and high-value landscapes such as the Oak Ridges Moraine and the Greenbelt. This approach will result in a loss of biodiversity in southern Ontario, a loss of ecological connectivity, and decreased ability to respond to the increasing impacts of climate change. Ontario is well below national and international targets for the amount of various habitat types on the landscape, and both government agencies and non-profit groups such as the Couchiching Conservancy are devoting significant efforts towards landscape protection and restoration. Bill 66 would undercut those efforts and result in further loss of ecological assets already at critical levels.

2. The provisions within Bill 66 give unfettered priority to business interests above all other values, especially by exempting eligible business projects from municipal Official Plans and Provincial planning policies. Those planning instruments are the result of years of discussion and debate, in the process creating a balance among competing interests and a guide to responsible decision-making. Especially at the local level, planning policies are a concrete expression of local values and priorities, set within a decision-making system that provides consistency and fairness among applicants for major land use change. Bill 66 will essentially throw out that balance, the product of provincial governments from the days of Premier Bill Davis onwards, and ignore the wishes of local governments and citizens. Its favouritism to expanding business at any cost may well result in a “race to the bottom”; as some municipalities choose to adopt the “open for business” by-laws, adjacent areas will be under great pressure to do so as well in order to not be at a competitive disadvantage.

3. The Province has failed to make a reasonable case as to the need for the sweeping provisions of Bill 66. While we recognize that new jobs will always be needed, the current Ontario unemployment rate is at its lowest level in 18 years. A recent review by Simcoe County found no shortage of available employment lands; in fact, the amount of such lands has grown significantly over the past decade. We have seen no fact-based justification to suggest that a shortage of available lands is a constraint to locating new businesses in Ontario.

4. Bill 66 allows municipalities to adopt “open for business” by-laws without public notice or opportunity provide input, and removes any right of appeal for decisions made under those by-laws. These are fundamental limitations on the rights of citizens to communicate their views and to object when necessary to demand a second look at contentious decisions.
Based on these concerns, we believe that Bill 66 and the associated regulations should not be enacted without substantial amendments to incorporate environmental and health protection, a clear justification for need, and restoration of a balanced approach among competing values and effective provisions for public input on decisions.

Sincerely,

Mark Bisset,
Executive Director
The Couchiching Conservancy
Box 704, Orillia, ON. L3V 6K7
705.326.1620
mbisset@couchconservancy.ca