- by Diane Ferguson

The pandemic and politics to the south of us, have taken up most of the news for the past year, and rightly so. They’ve also provided the perfect cover for the selling off and rezoning of Ontario land at the sole discretion of Premier Ford. If there’s laws or zoning in the way, he’ll change them. Environmentally protected? No problem, we’re the government, we’ll change the law—retroactively. Which is exactly what they are about to do.

While we’ve been focused on other issues, Ford has been selling off Ontario to his friends and lobbyists (not the highest bidder) and passing laws to make it easier to do so, and all under the guise of “covid”. One of the tools he is using is called an MZO, or Municipal Zoning Order, to allow the Minister of Municipal Affairs and Housing to make a final ruling on how a piece of land is used. The MZO’s were brought in by the Liberals, but have been seized upon by the Conservatives, and their changing of laws have made them even more destructive.

I had previously written on Doug Ford’s changes to the Ontario Conservation Act, effectively making them a rubber stamp for the government. He did this through an omnibus budget bill, effectively limiting debate and discussion. Since it passed, Conservation Authorities can no longer stop a project based on environmental issues, but they must approve. (Conservation authorities represent citizens and are funded by our municipal taxes.)

Last May (2020), the Globe and Mail reported that the Ontario Progressive Conservative Government had issued eight MZO’s in just over a year, four in one day alone—three to destroy small protected wetlands—more than the Liberals issued in over a decade. In fairness, these are often issued in conjunction with municipal councils, but that still doesn’t make it right. Municipal councils are also subject to lobbying and the promise of more property tax dollars to fill their coffers.

Conservatives have argued, these projects are needed to help the economic recovery from COVID-19. (Again, this was from last May, so I hardly imagine we were that desperate.) It’s not just that there is a problem with this dictatorial land planning, but it also happens behind closed doors, a complete lack of transparency or accountability, to the citizens of Ontario.

Currently, in Toronto there is an issue over the Dominion Foundries land, a heritage property that locals have been fighting to save. With no notice, in January demolition crews hired by the province, started taking the buildings down. At the moment, they are under a stop-work injunction while a hearing is scheduled. Documents have shown that an agreement of purchase and sale was entered into with an undisclosed buyer. There is much back and forth and bafflegab about what has taken place.

The important issue in the Foundries Land, is the secrecy behind the “potential deal” and the fact that it wasn’t put out to open bid. And an MZO was issued to start the demolition. The government has said they need to do this to create more affordable housing; we have yet to see any plan of that housing.

In 2017, the Wynne government launched a process to create a mix of market-priced and affordable housing on surplus government properties. They sought proposals through the open market—not back-room deals. They also offered prime properties for sale with the goal of maximizing provincial revenue with the proceeds to go toward new infrastructure projects. They sold 11 acres on Lake Shore

Boulevard, formerly the LCBO headquarters, in an open process with the sale going to Menkes Development in 2016 for $260 million. Other properties were also sold through this open process.

Just after the election, the PC government changed their approach to selling provincial land. Their goal was to accelerate sales in “a more efficient process”. The maximizing of proceeds was no longer the goal; speed was.

“The Ford government estimated that selling 243 surplus provincial properties totally 14,600 acres would generate up to $135 million in net revenue, half what the previous government earned from the sale of the LCBO property alone.” From CBC News, Feb 22, 2021, Mike Crawley.

Right now, an MZO has been issued to allow a warehouse to be built on the protected Lower Duffins Creek wetland in Pickering. Under the Liberals, MZO’s had to comply with the Provincial Policy Statement (PPS), one of the key policy documents governing land use in Ontario and protecting significant wetlands.

“On March 4, the Ontario government issued a regulation requiring the TRCA to issue a development permit to Pickering Developments by March 12. In effect, this permit will give the developers permission to destroy a protected, rare coastal Great Lakes wetland. Not only instrumental for water filtration and flood mitigation, the wetland is a critical refuge for wildlife.” From Environmental Defense

On March 5th, Ecojustice, on behalf of environmental groups, filed an urgent motion to the court to stop this, saying the MZO circumvents the Provincial Policy Statement which protects significant wetlands. To ensure they don’t lose the case (which they probably would), Premier Ford is currently trying to change the law, retroactively.

This law is being attached as schedule 3 to Bill 257. The bill itself is entitled: Supporting Broadband and Infrastructure Expansion Act. Having nothing to do with land development, debate on Schedule 3 will be limited. Once passed, the provincial government will have full, unequivocal authority to allow anything to be built anywhere, with no consultation with the citizens. We will effectively be giving the Premier the green light to sell our lands to the developer of his choice, no matter what is destroyed in the process.

It is far easier to “get things done” in an authoritarian environment, where you don’t have to consult with citizens or affected parties. Democracy does slow things down. Consultation slows things down. Are citizens the “red tape” Doug Ford keeps trying to get rid of?

Whether or not you care about these properties, or their proposed developments; you should care about a Premier who is willing to steam roll over citizens and our environment, to sell our lands as quickly as possible, not to the highest bidder. And willing to dismantle every protection we had over our lands.

Once the bill passes, the law case becomes moot, our recourse as citizens is gone. Are we willing to give this right to our Premier? To give up any say over development in the areas we live in? To give up protection of the lands that support us? And are we willing to give this up for fast bucks, as opposed to the most bucks?

We need recourse, we need accountability, and we need transparency. Bills once passed, are rarely overturned. Wetlands, once paved over, are gone forever.

Please call your MPP, or the Minister of Municipal Affairs and Housing, Steve Clark, to ask them to remove Schedule 3 of Bill 257.

Keep abreast of developments in your community. So far, MZO’s are at the behest of local councils. But there is nothing stating they must be.