Ontario Nature urges the…

Ontario Nature urges the government to remove Schedule 3 from Bill 257. Schedule 3 proposes to amend the Planning Act so that both existing and future Minister’s Zoning Orders – or MZOs - would no longer have to be consistent with the Provincial Policy Statement. If passed, Schedule 3 would:
• Erode the predictable, fair and principled planning framework for municipalities and other authorities implementing the Provincial Policy Statement policies;
• Undermine the right of Ontarians to participate in important planning decisions affecting their communities; and
• Obstruct the public’s constitutional right to seek judicial review of unlawful government decisions.

These concerns are shared by citizens across Ontario. Indeed, 120 organizations signed a letter to Minister Steve Clark (sent March 26, 2021) highlighting these concerns. These are national, provincial, regional and local organizations, from Dryden to Ottawa to Essex County, all requesting that Schedule 3 be removed from Bill 257. They represent people who care about farmland, natural areas, wildlife, public participation and the consultation duties owed to First Nations – all of which Schedule 3 puts at risk.

The Provincial Policy Statement sets the policy foundation for comprehensive, integrated, long-term land use planning in Ontario. It “provides for appropriate development while protecting resources of provincial interest, public health and safety, and the quality of the natural and built environment” (PPS Preamble). Regularly revised and updated though extensive public consultations with experts, stakeholders and Indigenous rights-holders, it is meant to provide balanced, relevant and widely supported policy direction on planning matters. The Planning Act requirement (section 3) that all decisions affecting planning matters “shall be consistent with” the Provincial Policy Statement ensures certainty, fairness, consistency and substantive merit in planning decisions across the province.

Because Schedule 3 is intended to allow MZOs to over-ride the Provincial Policy Statement, it will jeopardize all of these desired elements. It will lead to uncertainty, unfairness, inconsistency and controversy – already the hallmark of MZOs, which are issued without public consultation. MZOs sidestep public notification and consultation requirements under the Planning Act. There is no right to appeal an MZO. Schedule 3 would take this one step further by denying the public access to the courts to challenge an MZO.

As noted by the Auditor General of Ontario, there has been a “sharp increase” in the use of MZOs recently, with 29 MZOs issued between January 1, 2020 and October 31, 2020. There have been several more since then, including six on March 5, 2021, opening the door to controversial residential, commercial and industrial developments. Where these MZOs violate PPS policies, they could be deemed to be legal after the fact if Schedule 3 were passed. In many, if not most cases, the Minister has been issuing MZOs for developments that pose a direct and immediate threat to the benefits provided by Ontario’s natural areas and farmland. These essential benefits include healthy food, clean water, improved air quality, flood and erosion mitigation, habitats for wildlife, vital recreational space, economic opportunities and more.

Schedule 3 of Bill 257 illustrates a profound disregard for environmental protection, public consultation and the duty to consult Indigenous peoples. Given the circumstances, it is justly perceived as an attempt to frustrate and undermine our constitutional right to seek judicial review of unlawful government decisions. It should be removed from Bill 257.