Proposed bill allows cities to bypass environment laws

Critics say plan to cut red tape for business would neuter protections like Clean Water Act

WATERLOO REGION — Proposed amendments to the Ontario planning act could allow municipalities to bypass many of the province’s environmental protection and planning policies.

Bill 66, Restoring Ontario’s Competitiveness Act, unveiled by the Ontario government Thursday, would grant municipalities the power to create an “open for business” bylaw that would exempt cities and towns from sections of more than a dozen policies and acts, including critical sections of:

• the Greenbelt Act;

• the Lake Simcoe Protection Act;

• the Places to Grow Act;

• the Great Lakes Protection Act and;

• the Clean Water Act — established after the Walkerton water crisis where seven people died and 2,300 people fell ill when the town’s water supply became contaminated with E. coli in 2000.

The bill also proposes repealing the Toxics Reduction Act of 2009 by the end of 2021. The act aims to “prevent pollution and protect human health and the environment by reducing the use and creation of toxic substances; and to inform Ontarians about toxic substances.”

Municipalities would need approval from the Minister of Municipal Affairs and Housing to implement the bylaw, and that approval could include conditions and requirements for implementation.

Local environmental advocate Kevin Thomason was stunned when he read the bill, which was released just hours before the legislature adjourned for the holidays.

“It’s really too early to interpret what it all means, there’s just sheer shock and surprise,” he said Friday. “No one in the public was asking for these things.”

Thomason said the bill could unravel more than 20 years of planning decisions in the prov-

ince by weakening policies aimed at protecting water quality, limiting exposure to chemicals and toxins, and curbing urban sprawl.

The government may be looking to cut red tape in order to make business easier for corporations and developers, but those regulations are what keep the air clean and drinking water safe, he added.

Progressive Conservative MPP Todd Smith, minister of economic development, job creation and trade, was unavailable for comment Thursday, but during a presentation in Belleville on Friday he discussed the government’s desire to reduce the regulatory burden in this province.

He said Ontario had over 380,000 regulatory requirements when the PC party took power this year, and the average cost for compliance for businesses was $33,000 per year — highest in the country.

“It’s more urgent than ever to lighten the regulatory burden so job creators can grow and invest in Ontario,” he said. Bill 66 includes 32 actions impacting 12 ministries. The government predicts it could save businesses and corporations up to $24 million annually when fully implemented.

Smith discussed the proposed phase-out of the Toxics Reduction Act, saying it duplicated the “robust” efforts of the federal government and “simply isn’t necessary.”

It’s unclear how municipalities will respond to the new bill.

In a written statement to the Record, Association of Municipalities of Ontario President Jamie McGarvey said, “The province is clearly focused on creating jobs and streamlining processes. These are both important objectives. AMO is taking time to review the details of Bill 66.”

Municipal staff in this region are busy reviewing the legislation to fully understand what the changes could mean.

Colleen Collins, manager of corporate communications with the City of Kitchener, said from the initial staff review, “the changes appear to be potentially quite wide-ranging and staff will need some time to assess the proposed legislation and discuss further before being in a position to provide comment.”

Collins added it would be up to council to determine how to proceed with any of the options afforded under this new legislation.

The Greater Kitchener Waterloo Chamber of Commerce said the development industry in this region and across the province is concerned with the costly regulations and the lack of clarity with the provincial policies currently in place.

“The cost of doing things in the province of Ontario is getting to be a concern,” said Art Sinclair, the chamber’s vice-president.

Waterloo Region PC MPPs Amy Fee and Belinda Karahalios did not respond to requests for an interview, but PC MPP Mike Harris emailed a statement to the Record.

“Our government was elected with a commitment to streamline processes and cut red tape that has been choking the system for too long,” Harris said, adding that the government remains “steadfast in our commitment to protect the Greenbelt for future generations.”

But Thomason said the bill essentially guts many of Ontario’s laws that protect the environment and promote effective urban planning, with little or no public input.

According to the proposed changes, “no notice or hearing is required prior to the passing of an open for business planning bylaw,” but the municipality may provide notice if it chooses.

Thomason hopes local municipalities in and around Waterloo Region do not take advantage of this bylaw, should it be approved by the government. Bill 66 also comes on the heels of the government stripping power and responsibility from Ontario’s environmental commissioner, he said.

Environmental Defence executive director Tim Gray said in a written statement that Bill 66 “threatens drinking water, undermines evidence-based city planning, and removes protection from toxic chemicals for Ontario residents,” and the “provincial government will become deeply involved in many individual development decisions.”