Re. Ministerial Zoning…

Re. Ministerial Zoning Orders
Comments on Bill 197, the COVID-19 Economic Recovery Act, 2020, which enables the Minister to address site plan matters and apply inclusionary zoning as part of a zoning order (Ministerial Zoning Order – MZO).
As an appointed member at the Mississippi Valley Conservation Authority, I have heard concern expressed about the alleged inappropriate use of MZOs. Some groups believe that MZOs are being used to override local planning bodies and conservation authorities in order to push development projects through.

Nevertheless, I believe a MZO can be an effective tool to promote development in a community, such as a significant business establishment. However, it will be important to require community compensation for the change, and that should be made known to the community. For example, although provincially significant wetlands should be generally preserved, there may be occasions where it is necessary to build a road or construct a factory in a wetland area. When this happens, it is appropriate that the Minister ask for a greater amount of replacement wettand than that which will be lost, and the land should be in at least a similar class and generally in the same watershed. This new protected wetland should be identified to the public. It will certainly help local people to understand the appropriateness of a MZO if, in addition to allowing a new enterprise, there is also a significant community benefit - for example, development of a beach, tennis court or community building.

I would like to point to an important example in the Stittsville community of where a MZO may be appropriate if such a proposal came forward today. Twenty-five years ago there was a proposal to fill in a wetland adjacent to its Main Street. It was going to require $1.5 million worth of fill to make the 8 acres of wetland usable for development. Although local people at the time objected, the municipal official plan was not advanced enough that the filling could be stopped. A large shopping center with a YIG, Tim Horton's, Bank of Nova Scotia, Hurley's Restaurant, Subway, and numerous other shops, was built and serves Stittsville at an important intersection. It has been a commercial incubator in a key location. I believe a MZO would be appropriate in similar circumstances today. The minister could ask for compensation for the loss of wetland and the community would receive appropriate compensation as well as having access to an important commercial development in their community.

Many opponents cite the establishment of an industrial facility in Pickering which led to the loss of provincially significant wetland. It will be important to require and publicize the replacement wetland created so that people realize the MZO adheres to the provincial policy of no net loss of wetland. It would also seem appropriate that the ministry would commit that if there is significant damage resulting from the MZ0 that it would make best efforts to mitigate any significant ill effects.

As MZOs are such a sensitive issue I trust the Minister will use this power sparingly and only when there is a significant community benefit. I reiterate the importance of publicizing community benefits such as replacement wetland.