November 30, 2022 BY MAIL AND EMAIL

20.500.12592/nx2hf1

November 30, 2022 BY MAIL AND EMAIL

30 Nov 2022

If passed, the DRAPRA would: “end the deeming of easements or covenants that restrict the use of the lands to agricultural uses that apply to the Agricultural Preserve in the City of Pickering to be valid and allow for the amendment or release of these easements or covenants without the consent of the Minister under the Conservation Land Act.” The posting itself is an “Exception”, meaning it will. [...] The reasoning on the ERO posting is the following: “The environmentally significant aspects of the proposed DRAPRA are being or have been considered in the consultation undertaken or currently posted in respect of the following proposals on the Environmental Registry: o Proposed Amendments to the Greenbelt Plan ERO 019-6216 o Proposal / Proposed amendments to the Greenbelt Area boundary regulation. [...] As such, the Minister has concluded, that the environmentally significant aspects of the DRAPRA have already been considered in a process of public of public participation under the Environmental Bill of Rights (EBR) that is substantially equivalent to posting the DRAPRA for public comment pursuant to section 15 of the EBR.” (emphasis added). [...] Ontario (Minister of the Environment, Conservation and Parks), the Court elaborated on the importance of the equivalence requirement and compared the statutory requirements in sections 30 and 32 of the EBR.2 The Court explained that the applicant's argument that s. [...] are made", and then an obligation on the minister to explain the effect, if any, of the public participation process on the decision taken.”6 Based on the case law outlined above, and the fact that the “equivalent” ERO postings will not be open for public participation for a minimum of 30 days as required by the EBR, CELA is of the opinion that the Duffins Rouge ERO posting does not conform to the.

Authors

Zoe St. Pierre (CELA)

Pages
10
Published in
Canada

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