On October 25, 2022, the government of Ontario introduced Bill 23, the More Homes Built Faster Act, 2022 which proposes sweeping changes to the land use approvals system in the province.
We understand the need to create more housing to accommodate population growth in Ontario, but there are some proposed amendments in Bill 23 that are cause for concern.
You have seen in this blog that the LBNA has managed to win a significant number of TLAB appeals of COA decisions on behalf of Long Branch residents. Well, provisions in Bill 23 would strip away the right to appeal COA decisions.
Currently, Section 44, subsection 12 of The Planning Act governs the appeal process, and it states:
“(12) The applicant, the Minister or any other person or public body who has an interest in the matter may within 20 days of the making of the decision appeal to the Municipal Board against the decision of the committee by filing with the secretary-treasurer of the committee a notice of appeal setting out the objection to the decision and the reasons in support of the objection…”
Previously, the “any other person” meant anyone who had submitted oral and/or written objections to a development proposal to the COA.
Bill 23 proposes to change this clause to “a specified person”, in place of “any other person”.
A casual reader of the proposed Bill 23 might not see the magnitude of what is being proposed here. The government still seems to be allowing persons to be able to appeal.
But take a look at how Bill 23 defines “specified person”
This looks more like organizations, not people.
We understand the need to add to Ontario’s housing stock to accommodate population growth,. And the provincial government argues that Bill 23 removes obstacles to fast-paced construction of new homes, including the approval process for developments.
We agree that eliminating unnecessary red tape is a good way to expedite construction of development projects. But we do NOT agree that taking away residents’ rights to appeal COA decisions is an appropriate way to cut red tape.
If you talk to most residents in Long Branch, you’ll find we’re in favour of seeing improvements to the neighbourhood’s housing stock – some of which dates back to the 1920s to 1940s, when the neighbourhood was more like a cottage community.
I think we all would agree that one of the signs of a fair process is the ability to debate the decision and to appeal it if we disagree.
But the proposed amendments in Bill 23 seem to suggest that the appeal process is the problem. We disagree with this.
What You Can Do
Taking away a resident’s right to appeal a decision is not a fair way to treat taxpayers and arguably demonstrates that elements of this legislation have been hastily put together without thinking through to what the true systemic issues are in getting more homes built faster.
If you share these concerns about Bill 12, please let our MPP, Christine Hogarth, know not only how you feel, but how strongly you feel about it. The LBNA is circulating a template for a letter to Christine Hogarth, but you are also welcome to put your feelings into your own word.
Bill 23 went through 2nd reading within two weeks and went for public deputations November 16 and 17th, The Ministry also took written comments up to Nov 17th. If you don’t speak up, the Bill will be in place before the end of the year and retroactive to October 25th, 2022.