Ontario Construction News staff writer
Developers and landowners hoping to develop on floodplains, wetlands and other hazardous or environmentally sensitive lands should think twice before using newly-created political shortcuts to circumvent or overrule Conservation Authorities.
That is the unified message released recently by Ontario’s Official Opposition New Democratic Party, as well as the Liberal and Green parties, pledged to restore the powers of Conservation Authorities over development decisions.
Environmental Defence, Ontario Nature and Wilderness Committee representatives applauded the opposition plan.
“We hope these commitments from Ontario’s opposition parties will help stem the destruction the government has unleashed on natural features that keep us safe,” Phil Pothen, Ontario environment program manager, Environmental Defence said in a press release from the three environmental groups.
“They send a clear message to developers that if they use new loopholes to get around Conservation Authorities’ decisions, they risk throwing away their investment. The prudent approach for developers and landowners now is to act as though Conservation Authority decisions are final, and to focus on complying with whatever flood and landslide prevention and other environmental constraints they impose.”
The Ontario government is accused of ignoring warnings from Conservation Authorities, independent experts, farmers, the public, and its own Greenbelt Council, when it passed Schedule 6 of Bill 229, “undermined protections against floods, landslides and environmental hazards by hobbling Conservation Authorities.”
Changes are designed – and are already being used in conjunction with Minister’s Zoning Orders – to unleash residential and commercial sprawl in environmentally sensitive areas, like a Provincially Significant Wetland in Pickering connected to Lower Duffins Creek, opponents say.
Environmental Defence has asked all political parties if they would commit to repeal Bill 229 Schedule 6 in its entirety upon forming government
The response from opposition parties includes an agreement to:
- removing the power of the Minister to reconsider and force through development applications already reviewed and rejected by arms-length Conservation Authorities
- removing the Minister’s power to replace the role of Conservation Authorities in deciding all, or some subset of development permit applications, with a backroom political process
- ending “forced permits”, which Conservation Authorities are obliged to issue (even in the face of serious public safety and environmental concerns) wherever the Minister of Municipal Affairs and Housing has issued a Minister’s Zoning Order
- repealing the “pay to pave” provisions which force Conservation Authorities to let developers build within and compromise key protected ecological areas provided they pay monetary compensation
- restoring the power of Conservation Authorities to expropriate land required to protect the public, as well as their full research, inspection, and stop work order powers
- removing the power of private landowners who know or suspect their property contains sensitive features, to conceal that fact by excluding Conservation Authority staff
- restoring the standing of Conservation Authorities as parties to Planning Act Appeals.
“Restoring these powers to Conservation Authorities by revoking Schedule 6 will make all of us safer”, said Dr. Anne Bell of Ontario Nature. “Conservation Authorities’ traditional role in permitting work and broader land use planning protected the wetlands and forested areas that store and slow the speed of flood waters, preventing and mitigating damage caused by floods and landslides.”