HomeMy WebLinkAboutPLN 39-23Report to Council
Report Number: PLN 39-23
Date: November 27, 2023
From: Kyle Bentley
Director, City Development & CBO
Subject: Environmental Registry of Ontario Posting 019-7739 and 019-7735
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute Law
Amendment Act, 2023, and New Act regarding the Duffins Rouge Agricultural
Preserve Easements and Covenants
-File: L-1100-064
Recommendation:
1.That Council endorse the comments contained in Report PLN 39-23 as the City of
Pickering comments on the Greenbelt Statute Amendment Act and New Act regarding the
Duffins Rouge Agricultural Preserve easements and covenants; and
2.That staff be authorized to submit the comments in Report PLN 39-23 and Council’s
resolution thereon, to the Environmental Registry of Ontario (ERO) postings 019-7739
and 019-7735 as the City of Pickering’s comments on the Greenbelt Statute Amendment
Act and the New Act regarding the Duffins Rouge Agricultural Preserve Easements and
Covenants.
Executive Summary: The Province of Ontario is seeking comments on proposed
legislation that, if passed, would restore to the Greenbelt the 15 parcels/blocks of land that
were redesignated or removed in late 2022. The Greenbelt Statute Law Amendment Act, 2023,
if passed, would also ensure that any future boundary changes to the Greenbelt Plan are
made through an open, public, and transparent legislative process.
One of those parcels is the 1,900 hectares Duffins Rouge Agricultural Preserve in Pickering
(see Proposed Restoration and Redesignation Map 6 (Pickering), Attachment #1). To align
with the return of lands to the Greenbelt, the Province is also proposing to restore the
easements and covenant protections applicable to the Duffins Rouge Agricultural Preserve,
and repeal the Duffins Rouge Agricultural Preserve Repeal Act (DRAPRA), 2022.
The Province has acknowledged that the process to remove lands from the Greenbelt was
flawed. The merits of determining the appropriateness of urban boundary expansions should
be based on a comprehensive land use planning and public consultation process, such as
Envision Durham.
Subject to Council’s endorsement, and authorization, staff will submit a copy of Report
PLN 39-23, and City of Pickering’s Council resolution thereon, to the Environmental Registry of
Ontario postings 019-7739 and 019-7735, prior to the November 30, 2023, comment deadline.
PLN 39-23 November 27, 2023
Subject: Environmental Registry of Ontario Postings 019-7739 and 019-7735: Page 2
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute
Law Amendment Act, 2023, and New Act regarding the Duffins Rouge
Agricultural Preserve Easements and Covenants
Financial Implications: The recommendations in this report do not present direct or
immediate costs to the City of Pickering.
Discussion
1. Purpose
This report provides staff comments, for Council’s consideration, as its response to the
Province on the proposed legislative changes respecting the Duffins Rouge Agricultural
Preserve lands in Pickering.
On October 16, 2023, the Province of Ontario released Bill 136, Greenbelt Statute
Law Amendment Act, 2023. The proposed legislation, if passed, will restore the
15 parcels/blocks of land, (some of which were more than one property), that were
redesignated or removed from the Greenbelt in late 2022. The area affected in
Pickering is the Duffins Rouge Agricultural Preserve (see Proposed Restoration and
Redesignation Map 6 (Pickering), Map, Attachment #1).
Through another piece of proposed legislation, if passed, the Province also intends to
restore the easement and covenant protections applicable to the Duffins Rouge
Agricultural Preserve (DRAP). Comments on these proposed changes are requested
through two postings on the Environmental Registry of Ontario (ERO).
2. Background
In late 2022, the Province proposed to remove various lands from the Greenbelt. Since
then, the Province received significant feedback from Indigenous communities, the
public, municipalities, stakeholders, and recent reports from the Office of the Auditor
General of Ontario, and the Integrity Commissioner of Ontario, into alleged irregularities
regarding how changes to the Greenbelt boundaries were made.
Ultimately, the Province concluded that the process used to make changes to the
Greenbelt was flawed and did not justify the removal of the 15 blocks/parcels of land
from the Greenbelt.
Accordingly, on October 16, 2023, the Province introduced proposed legislative
amendments through the following ERO postings, for a 45-day commenting period.
• ERO 019-7739, proposal to return lands to the Greenbelt – Greenbelt Statute Law
Amendment Act, 2023; and
• ERO 019-7735, New Act regarding the Duffins Rouge Agricultural Preserve
Easements and Covenants.
PLN 39-23 November 27, 2023
Subject: Environmental Registry of Ontario Postings 019-7739 and 019-7735: Page 3
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute
Law Amendment Act, 2023, and New Act regarding the Duffins Rouge
Agricultural Preserve Easements and Covenants
3. Proposed Changes
The changes proposed by the new legislation include:
1. Returning all 15 parcels of land (including the Duffins Rouge Agricultural Preserve
(DRAP) to the Greenbelt that were previously removed;
2. Maintaining the new lands that were previously added to the Greenbelt in late 2022
(13 urban river valleys of and portions of the Paris Gault Moraine);
3. Making the Ontario Legislature, rather than a Minister’s regulation, the approval
authority for any future changes to the Greenbelt; and
4. Restoring the same protections for easements and covenants on the lands in the
Duffins Rouge Agricultural Preserve that they had before the 2022 amendment.
3.1 Returning the Duffins Rouge Agricultural Preserve to the Greenbelt
The Province has acknowledged that the process to take the lands out of the Greenbelt
was flawed. Any urban boundary expansion should be subject to a robust public
engagement and land use planning process.
For example, the Regional Municipality of Durham recently completed a comprehensive
review of its Official Plan, known as “Envision Durham”. As part of that process,
Regional Council adopted a new Plan that designated Northeast Pickering as a “2051
Urban Expansion Area” and included Northeast Pickering in the Urban Area Boundary.
Although the new Regional Plan is pending approval by the Province, the designation of
Northeast Pickering for future development, would enable the City to expand the urban
boundary, as needed, to meet development pressures.
Any decision the Province makes regarding urban boundary expansion in Durham,
should be informed by Envision Durham, which consisted of a robust growth
management study and a public consultation process.
3.2 Maintaining new lands added to the Greenbelt
In Pickering, portions of the Duffins Creek urban river valley were added to the
Greenbelt in 2017. Further additions of urban river valleys to the Greenbelt occurred in
2022, but those additions did not include any lands in Pickering. Although this ERO
posting does not affect the Duffins Creek urban river valley, Staff support the
maintenance of the Duffins Creek urban river valley as part of the Greenbelt.
3.3 Future Greenbelt changes to be approved by the Ontario Legislature
Staff support the proposal to make the Ontario Legislature the authority for changing or
modifying the Greenbelt Plan in the future. This will better ensure an open, public, and
transparent process. This step would further elevate the importance of protecting the
Greenbelt and the significance of maintaining its boundaries.
PLN 39-23 November 27, 2023
Subject: Environmental Registry of Ontario Postings 019-7739 and 019-7735: Page 4
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute
Law Amendment Act, 2023, and New Act regarding the Duffins Rouge
Agricultural Preserve Easements and Covenants
3.4 Restoration of the DRAP easements and covenants
The repeal of the Duffins Rouge Agricultural Preserve Repeal Act reverses the lifting of
the easements and covenants, and proposes that any easement or covenant that was
ever registered prior to February 28, 2005, is deemed valid and existing, regardless of
any intervening action, agreement, or instrument.
There is a history to the easements on the DRAP lands as follows:
3.4.1 The Province imposes agricultural and conservation easements
In late 1999-2001, the then Ontario Realty Corporation sold the larger parcels of land in
its Agricultural Assembly, (which later became known as the Duffins Rouge Agricultural
Preserve), to private owners. The lands were sold with either an Agricultural Easement,
which the City of Pickering held, or a Conservation Easement, which the Toronto and
Region Conservation Authority held.
Between 2002 and 2004, the City conducted a Growth Management Study, and
concluded urban development on approximately the southern two-thirds of those lands
was desirable and appropriate.
3.4.2 The City lifted agricultural easements on certain lands
On February 28, 2005, Minutes of Settlement (MOS) were executed between the City
and owners of land identified for development, wherein the City lifted the agricultural
easements, and replaced them with Restrictions on Transfer, restricting Transfers of
title of the properties without the City’s consent.
3.4.3 The Province nullifies Pickering’s Minutes of Settlement
Also on February 28, 2005, Bill 97, The Greenbelt Act, 2005, was enacted by O. Reg.
59/05, creating The Greenbelt Plan. The Plan included the Duffins Rouge Agricultural
Preserve lands. The enactment of Bill 97 nullified the 2005 Minutes of Settlement
between the landowners and the City as the MOS contained a provision expressly
nullifying them if the lands were included in the greenbelt.
3.4.4 Province re-instates easements
In October 2005, the Minister of Municipal Affairs introduced Bill 16, the Duffins Rouge
Agricultural Preserve Act. This Bill received Royal Assent on December 15, 2005. The
Act had the effect of overriding any agreement or court order that invalidated an
easement or covenant given or entered into, under the Conservation Land Act, on or
before February 28, 2005. Further, it allowed an easement or covenant under the Act to
be for conservation, preservation or protection of land for agricultural purposes.
PLN 39-23 November 27, 2023
Subject: Environmental Registry of Ontario Postings 019-7739 and 019-7735: Page 5
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute
Law Amendment Act, 2023, and New Act regarding the Duffins Rouge
Agricultural Preserve Easements and Covenants
3.4.5 The Province repeals easements and covenants
As part of a set of changes affecting the Greenbelt and the Duffins Rouge Agricultural
Preserve, the Province passed, the Duffins Rouge Agricultural Preserve Repeal Act,
2022. This Act repealed the agricultural and conservation easements established by
Bill 16 in 2005.
3.4.6 The Province proposes to re-instate the agricultural easements and covenants
As part of a new set of changes affecting the Greenbelt Plan area, and the Duffins
Rouge Agricultural Preserve, the Province now seeks to reverse previous legislative
changes. Bill 136, Greenbelt Statute Law Amendment Act, 2023, and New Act
regarding the Duffins Rouge Agricultural Preserve Easements and Covenants Act
propose to restore easements and covenants on the Duffins Rouge Agricultural
Preserve.
Should the Province return the Duffins Rouge Agricultural Preserve lands to the
Greenbelt, the re-instatement of the agricultural easements and covenants would be an
appropriate consideration. Staff also note that the City-imposed Restrictions on Transfer
on certain lands in the Preserve appear to serve no purpose at this point in time, since
they were originally registered to replace agricultural easements, which are now
deemed to exist again.
4.Conclusion
The Province has proposed to return 15 parcels/blocks of land, inclusive of the Duffins
Rouge Agricultural Preserve (DRAP) lands, to the Greenbelt. In addition, the Province
has proposed a number of additional changes intended to restore the previous
protections for the DRAP lands, and ensure that any future boundary changes to the
Greenbelt Plan are made through an open, public, and transparent legislative process.
Staff request Council’s consideration and endorsement of Report PLN 39-23, to be
submitted as the City’s formal comments to the two ERO postings by November 30, 2023.
Attachment:
1.Proposed Restoration and Redesignation Map 6 (Pickering)
PLN 39-23 November 27, 2023
Subject: Environmental Registry of Ontario Postings 019-7739 and 019-7735: Page 6
Proposal to return lands to the Greenbelt – Bill 136, Greenbelt Statute
Law Amendment Act, 2023, and New Act regarding the Duffins Rouge
Agricultural Preserve Easements and Covenants
Prepared By:
Original Signed By
Paul Wirch, RPP
Principal Planner, Policy
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
PW:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report PLN 39-23