Responding to Bill 66

BRANCH: Provincial Office

TYPE: Member Documents

DATE: January 18, 2019

AUTHOR: Architectural Conservancy Ontario

This is a special dispatch from the Architectural Conservancy of Ontario to inform you about the risks that the proposed Bill 66 poses for Ontario's heritage structures. Please read it and take action (important links are below). There are only a few days left to act -- thank you for your attention to this important matter.  

Back in 2004, ACO members undertook an intense lobbying and letter writing campaign to get stronger Ontario government protection for our architectural, historical and cultural heritage. We helped achieve breakthroughs with the 2005 strengthening of the Ontario Heritage Act (OHA) and the 2005 Provincial Policy Statement (PPS), with its strong language that "Significant built heritage resources and significant cultural landscapes shall be conserved.”  These policies were further strengthened in the current 2014 PPS. Provincial plans including the Growth Plan for the Greater Golden Horseshoe also had their language strengthened thanks to ACO’s efforts. Citing these policies and advocating use of the OHA protection tools has helped ACO save many buildings.

That work, and more, is threatened by Bill 66, Restoring Ontario's Competitiveness Act, introduced on December 6, 2018. Bill 66 would let any Ontario municipality pass an "Open for Business Planning By-law" that would allow development of "major employment and economic growth opportunities" (yet to be defined). These by-laws:

• proceed without adhering to provincial policies and provincial plans
• bypass the Planning Act and the Provincial Policy Statement, which says "Significant built heritage resources and significant cultural heritage landscapes shall be conserved."
• don't need to follow local Official Plans
• can't be appealed to the Local Planning Appeals Tribunal (the successor to the Ontario Municipal Board)
• can proceed without the public being given notice of the development proposal

 
Open for business planning by-laws could pose serious risks to our heritage buildings and other cultural heritage resources.  By exempting land use proposals from cultural heritage policies in the PPS and Official Plans they would effectively eliminate requirements for heritage impact assessments, archaeological assessments and other measures designed to ensure that heritage is considered in planning decisions. Even designated heritage properties could be more vulnerable since a municipality that passes such a by-law for a property may be more likely to approve any demolition request from the owner.

The ACO will be submitting comments on the bill, drawing attention to these potential negative impacts.

You can help by writing local MPPs (find your MPP at this link:https://www.ola.org/en/get-involved/contact-mpp) and submitting an online comment on the government's environmental registry: https://ero.ontario.ca/notice/013-4239.

The deadline for online comments is January 20, 2019. Tell them you don't want Bill 66 to remove the protection of the Planning Act and Provincial Policy Statements for significant built heritage resources and significant cultural landscapes anywhere in the province.
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More information:
Bill 66, Restoring Ontario's Competitiveness Act  https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-66
Timmins Martelle Heritage Consultants analysis of Bill 66 proposed changes https://tmhc.ca/2019-bill-66
Aird & Berlis LLP analysis of Bill 66 proposed changes to Planning Act http://www.mondaq.com/canada/x/763158/Building+Construction/Government+Of+Ontario+Announces+Proposed+Changes+To+The+Planning+Act