Pressure is building on city councillors to formally reject the Ford government’s “open for business” legislation that allows municipalities to use Greenbelt lands and override other environmental and planning legislation to facilitate development. A wide range of organizations are fighting the proposed “Restoring Ontario’s Competitiveness Act” (Bill 66) in what may become a long series of battles at the local level whose outcome won’t depend on the Conservative majority at Queen’s Park.
Bill 66 amends or abolishes regulations and legislation under a dozen Ontario ministries to “lighten the regulatory burden so job creators can grow and invest in Ontario” explains the provincial economic development minister. He says it will lower business costs by cutting red tape.
Approval of the legislation next month appears assured, but unlike most provincial legislation the implementation is substantially in the hands of municipal councils. The province has long been able to accomplish much the same thing with a Ministerial Zoning Order but Bill 66 shifts this power and any associated blame to municipalities.
That may be an attempt to allow the Ford government to claim it is keeping election promises such as not touching the Greenbelt, but it also means the controversy will re-erupt every time a municipality tries to use these new powers. As a result opponents can potentially win those local battles, although they may be hampered by another aspect of the Bill that eliminates requirements that municipalities consult the public when using the “open for business” provisions.
Already vocal opponents lining up for those local battles include Environment Hamilton, Ontario Nature, Freshwater Futures and Environmental Defence. They are especially concerned about the environmental and planning implications of Bill 66, but the legislation is also being challenged by other groups such as Lead Now, Open Media and the Federation of Urban Neighbourhoods of Ontario.
Locally Mayor Eisenberger and his counterpart in Burlington have said they oppose the legislation and would not support its use in their respective cities. But both mayors could be outvoted by their councils who haven’t yet grappled with the issue or pressures from developers who might want to take advantage of it.
The Region of Waterloo is further ahead on this file. Last week its planning and works committee unanimously approved a staff recommendation that Bill 66 “fails to adequately protect human health and safety and in particular the safety of the Region of Waterloo’s drinking water resources” because the legislation would allow developments exemption from the Clean Water Act.
“The region is the largest urban municipality in Ontario to rely almost exclusively on groundwater supplies for its drinking water,” notes the Waterloo staff report. “Protecting this valuable resource from contamination is essential to maintaining public health and safety and economic prosperity.”
That concern focuses not just on Waterloo’s possible utilization of the legislation but especially on how neighbouring municipalities might apply Bill 66, and it’s echoed by the Federation of Urban Neighbourhoods of Ontario.
“Water does not stop at municipal boundaries, and pollution emanating from one municipality can reap damage to an area well beyond the originating municipality,” notes the Federation’s latest newsletter. “The planning and environmental laws were designed to be applied on a provincial basis except for specific area-designated legislation (like the Greenbelt Act), not to be circumvented one municipality at a time.”
Environment Hamilton is offering public meetings on Monday and Tuesday to advise and assist residents in submitting comments on Bill 66 before the January 20 deadline. The Monday sessions are 5 pm and 7 pm at their Wilson Street offices while Tuesday’s is 7 pm at Knox Presbyterian Church in Dundas. The citizen group is also urging people to contact their city councillor and ask them to both oppose the legislation and promise not to use its provisions.