David Laing, Co-Chair, provided an overview of the entitled "City’s Use of Ministerial Zoning Orders (MZO's) and the Potential Environmental Impact on the City", answered questions of clarification and introduced the following motion:
Whereas the Auditor General of Ontario has reported that actions of the Provincial Government indicate a bias prioritizing land development at the expense of environmental protections including species at risk and climate change mitigation,
Whereas the Auditor General has reported, and the Ontario District Court has ruled that the Provincial Government has demonstrated an unlawful disregard for public consultation on environmentally significant decisions,
Whereas a spokesperson for the Minister of Municipal Affairs and Housing has stated, “it is our expectation that municipalities have done their due diligence and have conducted proper consultation in their communities before any request for an MZO comes to the Minister for consideration”,
Whereas City of Brampton Council endorsed the Brampton 2040 Vision document in May of 2018 and in January 2020, approved an extensive community engagement strategy to assist in building the 2040 Plan,
Whereas Brampton City Council has passed motions of support for submissions of seven Ministerial Zoning Orders (MZOs) to the Minister of Municipal Affairs and Housing without first providing the substantive opportunity for public consultation
Whereas it is the understanding of the Brampton Environment Advisory Committee (BEAC) that, if these MZOs are approved by the Minister, it effectively removes environmental protections related to the affected land, some of which contain substantial natural capital, environmentally sensitive areas, habitat for endangered species, and flood management issues,
Whereas In 2018 City of Brampton Council created the Brampton Environment Advisory Committee with the purpose to, “engage the community to advance the goals and actions of the City’s Grow Green Environmental Master Plan as well as to advise City Council on environmental planning policy and sustainability matters to promote the protection, enhancement, and management of the City’s natural and built environment”,
Therefore, be it resolved that, it is the position of the Environment Advisory Committee that:
- City Council discontinues supporting the use of Ministerial Zoning Orders as a planning tool until the impact of these orders is better understood in relation to environmental protection and the ability of the City to fulfill the 2040 Vision and meet its carbon reduction targets or;
- In the event City Council decides to continue using MZOs as a planning option then BEAC recommends the City create a procedural bylaw for MZOs mandating the preparation of a staff report accompanying each MZO request, including an analysis of servicing costs, an environment impact assessment of the proposal, as well as two public meetings, all to be completed before Council votes on whether to send the MZO to the Province or not.
Committee discussion on this matter included the following:
- Staff provided clarification with respect to the following questions asked by Committee:
- Why are MZOs required by the City?
- How Council's recent approval of an unusual and significant number of MZOs aligns with their direction in declaring a “climate emergency”?
- Do the City’s "Sustainable Community Development Guidelines" apply to development projects with an approved MZO? If not, then how will the City ensure these development proposals consider climate/environment, walkable communities and other such elements? What other protections are being afforded to environmentally sensitive lands that are affected by MZO approvals?
- Was there an opportunity for public consultation for these proposals as part of the planning process prior to MZO application?
The following motion was considered.