The following resolution and…

The following resolution and comments are taken from the January 8, 2019 Wellesley Township Council meeting where Bill 66 was considered by Council.

That the Council of the Township of Wellesley not support the Proposed Amendments to the Planning Act as set out in Bill 66, Restoring Ontario’s Competitiveness Act, 2018 as it fails to adequately protect human health and safety

AND THAT Report 2/2019, dated January 8, 2019, be submitted to the Ministry of Municipal Affairs and Housing as The Township of Wellesley’s response to the proposed amendments to the Planning Act included in Bill 66, Restoring Ontario’s Competitiveness Act, 2018.

Should the Province decide to move forward with Bill 66, the tool should be modified to continue to protect critical matters of Provincial, Municipal interest and public health and safety.

Source Water Protection
It is recommended that the Clean Water Act, 2006 and any other policy set out in a drinking water source protection plan prepared under the Clean Water Act, 2006 should always apply.

Natural Heritage Features and Hazard Lands
It is recommend that the prescribed criteria that must be met in order to receive Ministerial approval include a requirement that no development shall occur within or adjacent to lands that are designated as a Natural Heritage Feature/Area or Hazard Land.

Compatibility with Sensitive Land Uses
It is recommended that new employment uses be located with like uses and that compatibility with sensitive land uses be added as prescribed criteria.

Public Consultation
It is recommended that public consultation on a proposed By-law be mandatory and in accordance with Section 34 of the Planning Act prior to a municipality passing a resolution requesting the Minister approve the passing of a By-law.

Required Notification
It is recommended that where lands proposed through By-law under Bill 66 are within an upper tier municipality, notification to agencies, neighbouring municipalities and the upper tier municipality of the intent to request approval for By-law should be provided at least 20 days prior to a decision.

As Bill 66 is currently drafted, the type and degree to which conditions would be utilized is at the discretion of the area municipality. While the use of the By-law is voluntary, the proposed By-law would be the strongest planning tool available under the Planning Act. If the Province moves forward with these amendments, the tool should be modified to include opportunity for public input, and additional protection for health, safety and compatibility consideration as outlined in this report.