OPEN LETTER: GCA Protests Ontario Appeal Change

Published 04/16/2024 · Updated 06/10/2024

This is an open letter to Paul Calandra, the Ontario Minister of Municipal Affairs, from the Glebe Community Association:

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Hon. Paul Calandra April 15, 2024 Minister of Municipal Affairs and Housing

Queen’s Park, Toronto

Email: Paul.Calandra@pc.ola.org

Dear Minister Calandra,

The Glebe Community Association (GCA) is a volunteer, non-profit, membership-based and city recognized organization advocating for a livable, sustainable, diverse urban neighbourhood in Ottawa. We are supportive of measures at all levels of government to provide solutions to the housing crisis in Ontario.

We understand that last week, the Ontario Government introduced Bill 185, “Cutting Red Tape to Build more Homes”. This follows a Housing Afordability Task Force Report tabled in February 2022 that included a recommendation to, “Remove right of appeal for projects with at least 30% affordable housing in which units are guaranteed affordable for 40 years. While we believe strongly in the democratic process that includes appeal rights to the Ontario Land Tribunal, we support the Task Force recommendation in this case, in light of the very pressing need to accelerate creation of affordable housing units.

However, the proposed legislation is not aligned with the Task Force recommendation. It goes well beyond that targeted lifting of a right of appeal proposed by the Task Force. Instead, it includes a provision that would remove all 3rd party appeals, no matter the type of application. We do not support this proposal and trust that this overreach was unintended.

The right to appeal is a fundamental democratic right. Depriving community associations and other organizations of the right to challenge municipal zoning decisions risks eroding democratic processes and could create perceptions that governments are working for private development interests and not for the public good.

The proposed provision has particular importance to the GCA as we have appealed a rezoning and Official Plan Amendment (OPA) approval that would enable building of a new privately operated ice arena/event centre in a city-owned park, in an inner urban area of the city that is already underserved (according to the City of Ottawa) by green/park space. To be clear, we will not be appealing the proposed changes to zoning and OPA that would enable two residential towers to be built, albeit not until at least 2032. In other words, it has no bearing on an application for an affordable housing project, or indeed any housing project. But it is our belief that the project does

not confirm with the Provincial Policy Statement, nor policies included in Ottawa’s newly-minted Official Plan. The GCA has invested considerable resources in this appeal to date, with a case management conference scheduled for April 27, in which it is expected that a hearing date will be set. But the proposed legislation will result in dismissal of the appeal.

It is for the above reasons that the GCA strongly requests that Bill 185 be amended to align with provisions with recommendations of the Ford Government’s own Task Force, namely, that prohibitions on 3rd party appeals to the Ontario Land Tribunal be limited to housing projects that include at least 30% affordable housing.

Thank you very much in advance for your attention and consideration of this request for amendment.

Sincerely,

Carolyn Mackenzie

Planning Chair, Glebe Community Association

Ottawa

c.c.

Joel Harden, MPP, Ottawa Centre

Robert Brinker, President, Federation of Citizen’s Associations

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