Thank you for the…

Thank you for the opportunity to provide comments on behalf of the Muskoka Lakes Association (the “MLA”) regarding Bill 185, the Cutting Red Tape to Build More Homes Act 2024 posted on the Environmental Registry of Ontario Postings (ERO) 019-8369.
The MLA represents more than 2250 families within an area extending from Seguin Township in the north to Gravenhurst in the south, as well as Bracebridge and the Township of Muskoka Lakes. Our association includes residents on the three big lakes — Muskoka, Rosseau and Joseph — as well as numerous other lakes and rivers within Muskoka. The MLA is the oldest cottage association in Canada and has been engaging in matters of municipal and provincial importance since 1894.
The MLA is strongly opposed to the current proposal to remove the public’s appeal rights for the adoption or amendment of Official Plans (OP) and Zoning By-Laws. These amendments fundamentally undermine access to justice and thoughtful environmental decision-making. The MLA previously provided comments to the province on Bill 23 not supporting the removal of public appeal rights and are most disappointed to see it resurrected in this bill.

The MLA has reviewed the proposed changes included in Bill 185 and have discussed the potential impacts of these changes with the Federation of Ontario Cottagers Association (FOCA). FOCA has submitted a number of recommendations related to Schedule 12, summarized below, with a detailed analysis and rationale supporting each recommendation. The MLA strongly supports each of these recommendations.
• Remove sections 3(1), 3(3) and 5(7) of Schedule 12 that seek to remove the public’s ability to appeal the adoption or amendment of Official Plans and Zoning By-Laws under sections 17(24), 17(36) and 34(19) of the Planning Act.
• Remove sections 3(2), 3(4) and 5(8) of Schedule 12. These sections seek to remove the appeal rights of the public retroactively if a hearing on the merits of an Official Plan or Zoning By-Law has not been scheduled by April 10, 2024.
• Remove section 34.1 of the Planning Act, pursuant to section 6 of Schedule 12.
• Remove or restrict the use of section 47 Ministerial Zoning Orders to only rare cases and to ensure that there is an evidentiary basis for land use decisions and that the public may participate in local land use planning decisions.
• Remove sections 4(2), 5(3), 8(1) and 10(1) of Schedule 12, and sections 4(3), 5(4), 8(2) and 10(2) of Schedule 12 that would remove the power of municipalities to require pre-consultation on applications for OP amendments, Zoning By-law amendments, site plan control areas, and plans of subdivision.
• We support the proposed amendments in sections 8(3) and 10(3) of Schedule 12 which would allow site plan approvals and draft plans of subdivision to lapse.

Please refer to the FOCA letter submission for the supporting rationale for each recommendation.
The MLA supports the goal of making a process more efficient but not at the cost of repealing current pubic rights and/or limiting the rights of a municipality to implement local planning expertise and insight which have been in use for decades.
Land use planning decisions are the single most important tool a municipality has to protect the local watershed, air and health of its community. We urge the Ministry to maintain long-standing appeal rights for the public to protect their communities, health, and the local environment from poorly-conceived development applications.

Sincerely,

Susan Eplett
President