ERO 019-0016 While I'm…

ERO 019-0016

While I'm broadly supportive of the stated goals of Bill 108, the way they have been presented is stirring up a lot of justifiable opposition. As presented, the material is almost impossible to comprehend as it is presented on the website in the form of many small changes to existing legislation. To understand the revised legislation, you first need to apply the changes to a copy of the existing legislation. This lack of transparency is annoying and will encourage the conspiracy theorists looking for hidden agendas.

Changes to land use is one of the biggest creators of wealth in the province of Ontario. There is a general feeling that this wealth is not being reasonably shared. Bill 108 needs to be altered to ensure the procedures followed when making changes to land use clearly show the diminished quality of lifestyle for both the new residents and existing residents. Past tinkering with land use planning has frequently resulted in negative impacts to sunlight, traffic, flooded basements and more. Before further changes are made, the impact of this legislation needs to be fully understood and everyone needs to be informed of its impact.

Streamline development approvals processes and facilitate faster decisions is a desirable goal. We need to keep in mind developers appeal to the OMB/LPAT because they want a change in law. They want to exceed the current zoning limitations in order to build greater density and increase profits. Streamlining these appeals is at best a Band-Aid solution. What is required is to ensure sufficient land has been zoned to meet development requirements and then let the free market sort out how it is used. The province should ensure each municipality conforms and stay away from becoming involved in appeals.

Mandating the municipalities to respond to applications in fixed period is inappropriate unless the other delays are also removed. An OMB/LPAT case I have been involved with 2011 is one example. Opened in 2011, this case is still not resolved. Citing the failure of the city to decide on the application within 120 days the OMB became involved. The developer has asked for several adjournments. One was in excess of 4 years. Currently mediation has been suspended since March 2018.

Limiting the response time to 90 days, 120 days or 240 days for an initial municipal response to a developer’s application will not streamline the process unless other procedural delays are removed.
The appeal process must be open to all. When the City of Toronto receives a development proposal exceeding current zoning guidelines a public meeting is called. These are well publicized and held in the evening in order that working people can attend. The OMB/LPAT process is generally not well publicized and held during the day making it very difficult for working people to attend. OMB/LPAT hearings are framed by legal arguments and profit margins. Municipal hearings are “people” events and deal with quality of life. Bill108 should address quality of life issues and not just availability of housing.

To conclude while I’m in favour of the broad objectives of Bill 108 it lacks thought and rigor. Poorly crafted legislation will not enhance living in Ontario.

I urge the government to take the time to widely consult and to enact legislation which will solve more problems than it will create.