THUNDER BAY — A sweeping housing bill put forward by the Ford government contains numerous elements that threaten environmental protections and public input on development, local leaders say.
Both the City of Thunder Bay and the Lakehead Region Conservation Authority are raising serious concerns over parts of Bill 23, known as the More Homes Built Faster Act.
The omnibus bill is intended to speed approval of housing developments to reach the Ford government’s target of building 1.5 million new homes in 10 years.
Joel DePeuter, the city’s director of development services, called that an important goal, but said he's worried the bill will limit public input and the role of conservation authorities.
“The important feedback the city will be responding with is this legislation is going too far to shift responsibility from the conservation authorities and download that to municipalities,” he said. “The conservation authority does excellent work to protect the natural environment, and we don’t think that removal of parts of that authority will speed up development.”
Other municipalities have cited similar concerns — an analysis by City of Ottawa staffers indicated changes under Bill 23 could lower its revenues by millions a year, and constrain environmental protections and local planning priorities.
The consequences will be felt more keenly in southern Ontario, where demand for land and housing is more intense, said Tammy Cook, CAO of the Lakehead Region Conservation Authority.
Still, she expressed deep concerns over how the bill could significantly weaken the role and powers of conservation authorities in the long run.
“It basically provides [for] legislative changes that will have a severe impact on the 36 conservation authorities in Ontario,” she said. “I can appreciate the need for more homes. However, it shouldn’t be at the expense of the environment or people’s safety.”
The LRCA will still comment on proposed developments regarding “natural hazards” like flooding and erosion under the bill, Cook said, one of its main legislated duties.
However, the bill aims to “focus” conservation authorities on their “core mandate” of reducing flooding and erosion risks, limiting their ability to assist municipalities with broader environmental review of development proposals that could touch on issues like biodiversity and habitat loss.
Despite its massive implications for city planning, the province introduced the bill the day after the Oct. 24 municipal elections, and set the deadline for feedback from municipalities and the public for Nov. 24 for many parts of the bill.
That’s just nine days after Ontario's incoming city councils take office on Nov. 15. It means Thunder Bay’s council won’t have the chance to weigh in, said DePeuter, though the city is collaborating with other northern municipalities to submit feedback prepared by staff.
Local MPP Kevin Holland (PC, Thunder Bay–Atikokan) remained silent on the subject, declining an interview request for this story.
A spokesperson for the Ministry of Natural Resources and Forestry provided a brief written comment that did not directly address questions from TBnewswatch.
“Conservation authorities comment on development proposals to reduce the potential risks from natural hazards like flooding and erosion,” the ministry stated. “That is their core mandate and it will remain their core mandate. The changes proposed by our government will focus conservation authorities on their intended purpose to protect people and property from the impacts of natural hazards.”
Some of the changes in Bill 23 that have drawn concern include:
- Barring municipalities from contracting with conservation authorities to review development applications on their behalf
- Requiring conservation authorities to identify land they own that is “suitable for housing”
- Allowing the province to freeze, reduce, or exempt a number of municipal and conservation authority development fees
- Re-evaluating the definition of significant wetlands
- Restricting third-party appeals to the Ontario Land Tribunal
- Limiting conservation authorities’ ability to appeal development plans
- Removing “conservation of lands” and “pollution” as considerations in conservation authority permitting decisions
- Allowing the Minister of Municipal Affairs and Housing to override local planning authorities through a new tool known as Community Infrastructure Housing Accelerators
If the bill is passed, the LRCA will need to review its land holdings, totalling around 2,600 hectares, for properties that could be suitable for development.
Cook suspects few would meet the criteria — though some could — but is more concerned about the 147,000 hectares owned by conservation authorities across the province.
“The implications of that are unknown — it could lead to conservation authorities being forced to sell land for housing,” she said.
New rules that would allow the province to freeze or eliminate planning and permitting fees charged by conservation authorities could force them to increase municipal levies to make up the difference, Cook warned.
“[That] really gives a break to the developer,” she said. “If there are additional costs that aren't covered for that service, they really then would be at the expense of the taxpayer, because the cost is still there.”
DePeuter is also concerned about the bill’s impact on public input.
Third parties like members of the public would no longer be able to appeal most planning decisions, including Official Plans and zoning bylaws and amendments, and requirements for public notice and public meetings for planned subdivision approvals would be cut.
“That would increase the speed of planning approvals, however … it really limits public involvement,” DePeuter said.
He also noted the bill would exempt residential developments of 10 units or less from site plan control, kneecapping the city’s powers to impose conditions on developers for items like parking, servicing, drainage, and landscaping.
Members of the public can find more information on how Bill 23 would impact conservation authorities, and submit comment, through the Environmental Registry of Ontario’s website. The deadline is Nov. 24.
