This notice is about a decision that was not subject to the normal consultation process. Learn more about the types of notices on the Environmental Registry of Ontario.
Why consultation isn't required
The proposed Duffins Rouge Agricultural Preserve Repeal Act, 2022 (DRAPRA) was introduced as Schedule 2 to Bill 39, Better Municipal Governance Act, 2022 on November 16, 2022. If passed, the DRAPRA would:
- end the deeming of easements or covenants that restrict the use of the lands to agricultural uses that apply to the Agricultural Preserve in the City of Pickering to be valid and allow for the amendment or release of these easements or covenants without the consent of the Minister under the Conservation Land Act.
The environmentally significant aspects of the proposed DRAPRA are being or have been considered in the consultation undertaken or currently posted in respect of the following proposals on the Environmental Registry:
- Proposed Amendments to the Greenbelt Plan ERO 019-6216
- Proposal / Proposed amendments to the Greenbelt Area boundary regulation ERO 019-6217
- Proposal / Notice of Proposed Revocation: Minister's Zoning Order – Ontario Regulation 154/03 ERO 019-6238
- Proposal / Proposed Revocation of the Central Pickering Development Plan ERO 019-6174
There will be no additional environmental impacts that would result from the proposed DRAPRA that are not outlined in these ERO postings.
As such, the Minister has concluded, that the environmentally significant aspects of the DRAPRA have already been considered in a process of public of public participation under the Environmental Bill of Rights (EBR) that is substantially equivalent to posting the DRAPRA for public comment pursuant to section 15 of the EBR.
Exception details
Subsection 15 (1) of the EBR requires that if a minister considers that a proposal under consideration in his or her ministry for an Act could, if implemented, have a significant effect on the environment and the minister considers that the public should have an opportunity to comment on the proposal before implementation, the minister shall do everything in his or her power to give notice of the proposal to the public at least thirty days before the proposal is implemented.
Clause 30 (1) (a) of the EBR provides that the requirements in subsection 15 (1) do not apply where, in the minister’s opinion, the environmentally significant aspects of the proposed Act have already been considered in a process of public participation, under the EBR, under another Act or otherwise, that was substantially equivalent to the process required in relation to the proposal.
If a minister decides not to give notice of a proposal for an Act in reliance of this exception, the minister is required to give notice of the decision not to post in reliance on the exception to the public and to the Auditor General as soon as reasonably possible after the decision is made.
The proposed DRAPRA would provide that every easement or covenant that restricts the use of the lands to agricultural uses would be deemed to have the legal effect it would have had if the Duffins Rouge Agricultural Preserve Act, 2005 (DRAPA) had never been in effect. If the DRAPRA is approved landowners and holders of the easements or covenants would be able to negotiate amendments to or releases of the restrictions without the consent of the minister under the Conservation Land Act. This may allow other land uses such as residential development on these lands.
The following notices on the Environmental Registry have provided notice to the public of the proposal to remove certain restrictions on the lands in the Duffins Rouge Agricultural Preserve (as described in the notices). These postings have consulted or are consulting about, among other things, the proposed removal of the restriction that the lands be used only for agricultural uses:
- Proposed Amendments to the Greenbelt Plan ERO 019-6216
- Proposal / Proposed amendments to the Greenbelt Area boundary regulation ERO 019-6217
- Proposal / Notice of Proposed Revocation: Minister's Zoning Order – Ontario Regulation 154/03 ERO 019-6238
- Proposal / Proposed Revocation of the Central Pickering Development Plan ERO 019-6174
Therefore, the Minister has concluded, that the environmentally significant aspects of the proposed DRAPRA have already been considered in a process of public of public participation under the EBR that is substantially equivalent to posting the proposed DRAPRA for public comment pursuant to section 15 of the EBR.
The Minister is giving notice of this decision in accordance with subsection 30 (2) of the EBR.
Regulatory Impact Analysis
The proposed repeal Act could reduce regulatory burdens by removing a barrier to making the lands covered by DRAPA available for other uses.
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Peterborough,
ON
K9J 3C7
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Bonnie Henson
300 Water St., 2nd Floor South
Peterborough,
ON
K9J 3C7
Canada