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Progressive Conservatives Government recall Bill 66

January 31, 2019   ·   0 Comments

Written By JOSHUA SANTOS

The Progressive Conservatives Government rolled back a controversial element of Bill 66 that could have opened up the Greenbelt for development. 

The Restoring Ontario’s Competitiveness Act (Bill 66) would have given municipalities the ability to approve open for business planning bylaws and allow developers to dig into sensitive lands.

Municipal Affairs Minister Steve Clark said the government is backing off from a portion of the Bill known as, Schedule 10, after much criticism.

“In December, Our Government brought forward Bill 66 which amongst other things proposed changes that could create a new economic development tool for municipalities to shorten the time it takes to build job creating projects,” Clark tweeted.

“The use of his tool would never be approved at the expense of the Greenbelt or other provincial interests like water quality or public health and safety. However, Our Government for the People have listened to the concerns raised by MPPs, municipalities and stakeholders with regards to Schedule 10 of Bill 66 and when the legislature returns in February, we will not proceed with Schedule 10 of the Bill.”

Judy Mabee, president of the Belfountain Community Organization enjoyed the victory.

“I’m glad they listened to the people,” said Mabee. ‘There were too many aspects of that Bill that potentially could do harm to the environment. Living in Belfountain, we have Greenbelt around us, we have farmland, we recognize the value of forestry and water.”

An annotated excerpt of Schedule 10, Bill 66, provided by the Canadian Environmental Law Associate states “If Bill 66 is enacted, an open-for-business planning by-law will be an exercise of a municipality’s zoning by-law powers. Before passing an open-for-business planning bylaw, the municipality must first seek the Minister of Municipal Affairs and Housing’s approval, by way of a resolution and any “prescribed information”. If the Minister gives the municipality approval in writing (with any conditions that the he or she “may provide”), the other prescribed criteria (if any) are met, and it only authorizes a “prescribed purpose” (related to the “use of land, buildings or structures”), then an open-for-business planning bylaw can be passed. Anything “prescribed” must be set out in a regulation. 

“The Bill excludes public participation so that as a Caledon resident, we would never know that something had been submitted because there would be no public consultation, said Mabee.

“There would be no appeal process if we disagreed what the proposal was and we wouldn’t know anything about that application until the diggers show up on site.”

The excerpt states no public notice or hearing is required prior to passing an open-for-business planning by-law. Once passed, an open-for-business planning by-law will come into force in 20 days (unless the Minister otherwise requires in writing a different, later date. Notice after the fact is required to be given to the Minister (within 3 days after passing the open-for-business planning by-law and “any persons or public bodies the municipality considers proper” and “in such manner as the municipality considers proper” (within 30 days of passing).

Environmental Defence, an environmental action organization was also pleased with the government listeninig to thousands of Ontario who demanded the proposed Bill 66 be stopped.

“This environmentally destructive Bill’s Schedule 10 would have opened up the Greenbelt, Oak Ridges Moraine, Lake Simcoe and source water protection areas to development,” said Tim Gray, executive director of Environment Defence in a news release. “This is a major victory for the citizens who put up lawn signs, signed petitions, made calls to their MPPs and rallied outside of their offices. It also speaks to the power of the farmers, businesses and many municipal leaders who publicly opposed the Bill, and instead put farmland, natural areas and drinking water first.”

Caledon is surrounded by the Credit River Watershed, Oak Ridges Moraine and Niagara Escarpment.

“With the Oak Ridges Moraine, this is a recharge area on many levels, said Mabee. You have tributaries there that provide water sources for many communities. Preventing them from being contaminated is very important function for that piece of land.”

She said there is a lot of opportunity within the municipality to create jobs while not opening up the Greenbelt.

“If you look a map from any municipality, you will see that growth is incorporated into the model for every city and town for industrial expansion, said Mabee. That’s part of the planning process and there is enough land incorporated in the models that exist right now to take us into 2031.”

“If we look at the land that exists that’s vacant and available right now, that’s what we should be using, not moving in a direction that exploits natural resources.”

The news follows a Town of Caledon Council meeting where Mabee provided a delegation concerning a Notice of Motion from Coun. Ian Sinclair regarding the Bill. Sinclair called on council to kick the Province’s Bill 66 to the curb.

She expressed her opposition to Schedule 10 of Bill 66 and stated that several other municipalities have passed similar motions in opposition to Bill 66. 

Mayor Allan Thompson and four other councillors wanted to report back to the Province to help create a planning tool that may be to their benefit.

“I was disappointed that our council would not act,” said Mabee. “I was a little surprised with their response. I felt that there was a fairly strong community voice at that meeting and I understand that council had question but this issue has been out in the public certainly since early December.”

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