Bill 66, Restoring Ontario's Competitiveness Act - Jan 18, 2019

City of Burlington submits comments regarding Bill 66, Restoring Ontario's Competitiveness Act, 2018

The City of Burlington is preparing comments in response to the legislation tabled on Dec. 6, 2018, by the Provincial Government, referred to as Bill 66, Restoring Ontario’s Competitiveness Act, 2018. If passed, the legislation would allow municipalities to, with the Minister’s consent, pass “Open for Business’” zoning bylaws. These bylaws would not be bound by existing legislation, such as the Clean Water Act, 2006 or the Greenbelt Act, 2005.

For a city such as Burlington, where half our land is rural and located within the Greenbelt, the tools proposed in this legislation are of great concern and do not address the barriers the City is facing regarding economic development.

Burlington is already “open for business” with over 400 acres of employment land sitting vacant and available.

Since, the legislation was tabled, staff at Halton Region and the City of Burlington have been reviewing it to better understand the implications of what is being proposed.

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Quote

Mayor Marianne Meed Ward

“Residents have overwhelmingly expressed support to protect our Greenbelt and public safety in the Clean Water Act. We will do that. We have sent a clear message to the province; I have written to Steve Clark, the Minister of Municipal Affairs and Housing, and Halton Regional Council already unanimously approved a resolution confirming that we won’t compromise public safety or our Greenbelt to be open for business. We have a large supply of suitable land available and are ready to work with businesses."

Quick Facts

• The City of Burlington has prepared comments for submission to the Province regarding Bill 66. These comments are posted online as part of the Jan. 18, 2019 Burlington City Council Information Package.

• The resolution approved at Halton Regional Council is available online in the Regional Council meeting minutes from Jan. 16, 2019.

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Memo sent to Burlington City Council by City staff on Jan 17, 2019:

On Dec. 6, 2018, the Provincial government introduced Bill 66, the Restoring Ontario’s Competitiveness Act, 2018. This omnibus bill is meant to “eliminate red tape and burdensome regulations so businesses, can grow, create and protect good jobs.” The proposed legislation includes 32 actions across 12 ministries. Of particular interest, is the proposed new Open-for-Business planning tool and the new regulations under the Planning Act related to the tool.

The Ministry of Municipal Affairs and Housing invited comments on the proposed legislation via the Environmental Registry under three separate consultations.

• ERO 013-4125 – Proposed open-for-business planning tool
• ERO 013-4239 – New regulation under the Planning Act for open-for-business planning tool
• ERO 013-4293 – Bill 66, Restoring Ontario’s Competitiveness Act, 2018.

Comments for all three consultations are required by Jan. 20, 2019.

City of Burlington staff reviewed the proposed legislation and will be submitting the following comments to the Province.

Proposed open-for-business planning tool (ERO Posting 013-4125)

City of Burlington staff does not support the creation of an open-for-business planning tool as proposed, for the following reasons:

1. The tool undermines the city’s goals to achieve coordinated and sustainable planning, as delivered through the application of the Provincial Policy Statement, Growth Plan, and Greenbelt Plan. Allowing major employment uses in areas not intended for such uses will fragment Agricultural Systems and Natural Heritage Systems and could lead to a creep of land use pressures to introduce residential, ancillary and other supportive uses to support the major employment use;

1. The tool undermines provincial investments in infrastructure, such as the transit projects identified in the Metrolinx Regional Transportation Plan. The tool could also undermine Regional investments in infrastructure. Major employment uses should be directed to locate within existing urban areas that are supported by transit and other infrastructure investments, such as near Major Transit Station Areas. Locating major employment uses within the Greenbelt Plan

area, and other areas not intended for or compatible with such uses will result in the inefficient use of existing infrastructure and contribute further to traffic congestion;

1. Businesses want certainty and clarity regarding land use permissions. The tool introduces uncertainty in the planning framework that could increase land speculation and contribute to affordability challenges;

1. The tool contradicts the climate change goals articulated in the Province’s draft Environmental Plan, by potentially increasing the greenhouse gas emissions associated with sprawl, and the potential for long term increased costs in environmental remediation and the impacts to water resources and drinking water; and

1. The open for business planning tool will create a competition amongst municipalities that rewards those that will accept the weakest planning, environmental and health and safety regulations. The province should ensure that all municipalities are raising the bar to achieve quality and sustainable developments, to ensure health and safety and to reduce long term cost impacts that would result to address environmental issues and to maintain unsustainable investments in infrastructure.

1. Eliminating the requirement for notification and consultation with the community, other agencies or municipalities may speed up the approval process, but will not necessarily result in good decisions or faster completion of a development. Residents want and ought to be involved in planning decisions that will impact the communities they live in. Local planning decisions that will impact the service delivery of others cannot be made in isolation. Not including Halton Region in Burlington planning decisions where new regional services are required will not result in jobs coming to Burlington faster, in fact, bypassing the Region could result in delays and additional costs.
2. Allowing major trip generators (such as employment developments), to by-pass council approved transportation policies and directions will mean that municipalities will be responsible for meeting conditions that developers would usually be responsible for. For example, if a developer asks for relief in the amount of parking which they are required to provide, and this relief is granted through this proposed policy, only to realize once the project is constructed and operating that there are insufficient parking spaces. The overflow parking becomes an issue the municipality must address.

Instead of an Open for Business Bylaw, please consider the following tools:

a. Tools to incent the creation of innovation districts located near Major Transit Station Areas and other areas that are serviced by transit. Innovation Districts are a type of business and or industrial district to attract and promote clusters of private and public-sector firms and organizations engaged in the development of new products, materials, services and knowledge. An Innovation District at its core must be driven by existing assets and an economic development strategy. A Provincial program to support and build upon existing businesses and organizations within a municipality would be a more prudent approach to using existing specialization and resources. Such a program could include support for creation of economic development strategies for local Innovation Districts;

b. The tools proposed in the open-for-business planning tool do not address our barriers to economic development. An example of a barrier to the development and redevelopment of employment lands is the timely and coordinated issuance of MTO permits. Approximately 80% of the City’s employment lands are within the MTO development permit area. Addressing this barrier would assist in the timely development of serviced and transit oriented employment lands; and

c. The province should consider the use of the MZO tool as an alternative. This tool already exists at a provincial scale. The Planning Act could be amended to expressly identify the attraction of a major employment and economic growth opportunity as a matter of provincial interest. Consideration of these types of uses should be done at a provincial scale to ensure coordinated planning and use of infrastructure.

The following items require more clarity to understand how the tool will be implemented:

a. What is the evidence/data that demonstrates that these sections of the Planning Act are the barriers to locating major employment uses?

b. Please define major employment and economic growth opportunities.

c. What are the prescribed criteria referenced in Section 34.1(2) of the Planning Act?

d. How does the use of this tool apply to Upper Tier vs. Lower Tier municipalities? Are there criteria for determining what is of Regional interest or local interest?

New Regulation under the Planning Act for open-for-business planning tool (ERO Posting 013-4239)

1. Please see ERO Posting 013-4125 above for additional feedback from the City Burlington.
2. In order to provide all feedback a copy of the regulation should be provided.
3. The regulation notes that evidence is required to demonstrate the minimum job creation threshold. This presents implementation challenges. What evidence is acceptable? How do you ensure the proposed jobs are delivered and remain in place for a significant amount of time? Are there penalties if the proposed jobs do not materialize? Will there be any recognition of the differences or importance of either basic or non-basic industries?
4. The regulation indicates that residential, commercial or retail cannot be the primary use. This language could actually introduce mixed uses, particularly residential which appears to be in conflict with the main objective of the open-for-business tool.
5. Any proposed regulation should be specific to not permit recreation or institution uses.