Groups say new law takes away 'public's right to be heard'

Third parties no longer allowed to appeal development decisions to land tribunal

- NOOR JAVED

A provincial law change that curtailed third-party groups' ability to appeal development decisions has left environmental and ratepayer groups saying they ve been silenced in a move that puts developer interests ahead of citizen concerns.

Ontario residents can no longer appeal development decisions at the Ontario Land Tribunal a quasi-judicial body designed to adjudicate planning and other land disputes -— after Premier Doug Ford's government introduced legislation that removes the ability of third parties such as ratepayer groups or environmental groups to do so.

The province says the changes to the third-party appeal rights in the Cutting Red Tape to Build More Homes Act (Bill 185), which passed in June, will "help communities get quicker planning approvals for housing projects."

But critics say the legislation is another attack on "citizen rights" and the public's participation in the development process and will ultimately lead to poorly planned and less safe communities across the province.

"This is the loss of an important mechanism for the public to make sure that environmental and public health concerns were raised and properly considered in development decisions across the province," said Jacqueline Wilson, counsel for the Canadian Environmental Law Association, who says the organization has been part of local resident appeals for decades.

"It's really a problem to cut out active engaged citizens, who deeply care about their communities, from the equation."

According to the OLT, between April 1, 2022, and March 31, 2023, the tribunal handled 1,422 cases, totalling 2,161 appeals.