The following comments are…

The following comments are specific to Schedule 10 of Bill 66 and the associated regulation.

The Open For Business Planning Tool permits development that may otherwise by prohibited by Provincial, Regional or Local Legislation and/or Policy to streamline the approval of development associated with major employment. This permission is too broad. Permitting an employment use at the detriment of the environment is short sighted. Accordingly, the list of Acts/Policies that are exempt from an “open for business by-law” should be modified to ensure that the protection of the environment is not put at risk. The legislation should not be permitting a proposed use to be in contravention of the provincial plans intended for environmental protection, such as the Greenbelt Plan, Oak Ridges Moraine Conservation Plan, Lake Simcoe Protection Plan, Great Lakes Protection Plan and source water protection plans; nor should it be in contravention of Sections 2 and 3 of the Provincial Policy Statement.

Presently, the proposed regulation regarding criteria to be submitted to the Minister from a municipality requesting permission to use this by-law is too vague. The criteria should include:
• evidence as to why this tool is required, as opposed to utilizing the normal Zoning By-law Amendment process,
• that the proposed use is intended to operate for the long term,
• that the proposed location can sustain such a use,
• that future employees are able to access the site,
• that servicing for the proposed use is available or planned for the area within the proposed timeframe,
• that all efforts to avoid or minimize harm to the environment are/will be taken, and
• that the municipality will undertake steps to inform and consult with the public, to the extent possible, in advance of passing the OFB by-law.

Furthermore, the criteria should be amended to:
• raise the threshold for job creation (e.g. greater than 100 jobs), and
• clearly prohibiting the use of the tool for residential, commercial and retail purposes.

Given that there is no right of appeal, the Bill should include a consultation process with the public, to ensure that public concerns regarding a proposed development are understood and to the extent possible are addressed prior to the passing of the OFB by-law and the Minister bringing it into effect.
The public consultation process should be required prior to Council passing the OFB by-law. The Bill should be modified to require that a notice of Council’s resolution to request permission to use the “open for business planning tool” be issued to prescribed persons and agencies (as is required for an amendment to a zoning by-law), to inform them of Council’s intent and provide them with an opportunity to comment to the Minister.

 
The tool should not be used in a manner that may result in creating cross-jurisdictional issues. To mitigate this, the Bill and corresponding regulation should require that Upper Tier municipalities and/or affected neighbouring municipalities endorse the request of a Lower Tier municipality to use the tool and to indicate that they are satisfied with the by-law as passed by the Lower Tier, for the Minister's consideration.