SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
March 2, 2023 09:00AM
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  • Mar/2/23 4:10:00 p.m.
  • Re: Bill 69 

If there are no outstanding concerns, if the community has not put in any comments to the consultation process, then the project can go ahead. But that’s not what’s in this legislation. What’s in this legislation is that the minister no longer has to consider the comments that they’re getting and the feedback that they’re getting from the community.

Cindy Wilkey, a community member in Spadina in my riding, talked about this. She’s also the head of Ontario Place for All. She says this bill “is a further step in making public consultation an empty formality.” It means that the government will not be benefiting from the local knowledge that people have. It’s disrespectful not just to my community, it’s disrespectful to community members across this province because this government will not actually be considering the local knowledge that they could bring to these projects.

This is the lesson that we learned from Hurricane Hazel. There were houses in Etobicoke floating down the Humber River and people died because of Hurricane Hazel, because we built in the ravines. So then, in Toronto, we protected those wetlands and created the ravines, including the Humber River, the Don Valley, the Rouge River—all these protected wetlands.

If you don’t do the environmental assessment, the next time there’s an environmental catastrophe, it will be magnified because you didn’t do your homework.

You think that you’re saving money, you think that you’re being efficient, but in the long-term, future generations are going to pay billions of dollars for the mistakes that this government is making right now.

When this government is consolidating all of the government’s land holdings into one body, it’s deeply concerning. Because the record of this government is that they make secret deals with developers—like they did with the foundry—and then they start to demolish heritage buildings and they start to pave over wetlands.

My question to the government is: Are you consolidating all of the people of Ontario’s land holdings into one body so that you can more efficiently sell it off?

So if you’re not going to actually consider it, why bother doing it? If it’s just a rubber stamp, if you’re just going to take the consultation submissions but not actually listen to them, not actually read them, then what’s the point in doing the consultation at all? I think it’s incredibly disrespectful, and I think this legislation is disrespectful to local community members who actually take the time to give feedback to the government.

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  • Mar/2/23 4:10:00 p.m.
  • Re: Bill 69 

I really want to thank the MPP for Spadina–Fort York for reminding us of some of the environmental disasters that we are still paying the price for and reminding us of the importance of why environmental assessments are in place.

I also just would like to highlight that this is a government that doesn’t believe in environmental assessments and calls them burdensome. The Minister of the Environment said that, in fact, they’re nonsensical this morning. And they’ve exempted themselves from the Bradford Bypass, a huge highway project that goes through the greenbelt, that bisects rivers, that goes through the Holland Marsh, and they don’t feel that an environmental assessment is necessary.

It’s bad enough that they disrespect the environment, but the fact that people take the time to care about their community, they take the time to give public comment, and this government is clearly thumbing their nose at them by deciding that they will not take that into account when they make their decision.

Would you like to speak a little further on how people feel outraged by the betrayal of the environment and of their transparent opportunity to have public input into their communities?

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  • Mar/2/23 4:10:00 p.m.
  • Re: Bill 69 

Thanks to the member opposite for his presentation.

As we all have been discussing about this bill, this bill makes it very crystal clear that the environmental assessment standards will remain in place. For example, assessing potential environmental impacts remains in place; identifying mitigation measures are in place; and, of course, the consultation with Indigenous communities, the public and stakeholders are in place.

What this bill does is, after the successful completion of an environmental assessment, if there’s no other outstanding concerns, it will allow the Minister of the Environment, Conservation and Parks to waive the 30-day waiting period. That’s exactly so it is cutting the long red tape here.

My question to the member opposite is, why does the NDP want to add red tape and slow down the government?

My question to the member opposite, the member for Spadina–Fort York, is: Why does the NDP want to slow down the process for 30 days after the full completion of the environmental assessment, after there are no outstanding concerns? Why do they want to slow it down?

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  • Mar/2/23 4:10:00 p.m.
  • Re: Bill 69 

I just want to recognize Kevin Modeste. He’s come to visit us. Hi, Kevin, nice to see you here. He can’t stay away; it’s so exciting here.

My question is to the member for Spadina–Fort York. You’ve talked a lot about the environmental assessment process and, like you, I really wonder why you would want to get rid of that 30-day period just to read some of the comments that people give. They take their time to give them.

I also was wanting to ask your opinion on the second piece, which is really around consolidating real estate into the Ministry of Infrastructure. Why would they be doing that? Do you have any concerns about that?

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  • Mar/2/23 4:20:00 p.m.
  • Re: Bill 69 

I have to say, I’m surprised the government isn’t standing up defending this substantial bill before us, but they aren’t, so here I am.

There are a few things I want to say about the bill before I go into detail. One is that environmental assessments are one of the few tools that people have to protect their interests and to protect the larger interests of Ontarians around environmental issues. When you propose changes that don’t, in fact, enhance protection of the environment or the population, one has to be very suspicious about what those changes really will deliver on.

We believe that the environment, those of us who depend on the environment—so all living humans—should be protected, and we have grave concern about this proposal to reduce the period for consideration of commentary by people on environmental initiatives.

I have to say, Speaker, you’ve sat through question period on a regular basis. You, for your sins, have sat in that chair when we’ve debated bills. You have heard what goes on or does not go on in committees. And as you’re well aware, interest in commentary or public input is extraordinarily low. This government, in its behaviour towards environmental matters, has a very consistent record, and that is one of ignoring environmental concerns. This is a government that’s involved right now in carving up the greenbelt, involved in deals that are generally seen as shady, smelly, smoky—take your pick.

When you have a government that is undermining its own credibility by not trying to appear above reproach, you have to ask substantial questions about what actually is going to happen when even the smaller changes to environmental protection are undermined.

We’ve seen in the past the abuse of ministerial zoning orders to ram through developer deals despite the opposition of local communities, except, of course, when a minister’s interests are involved, as a minister in northern Toronto was upset about some low-income housing—that being put on the back burner.

And as my colleague from Spadina-Fort York can attest in great detail, this is a government spending about $650 million of public money which is going to enable the giveaway of a massive chunk of Ontario Place to a for-profit company based out of Austria. Ontario Place is a lakefront park meant for all Ontarians, not to be sold off. Any other park that you start selling off chunks of, in this city or anywhere else in the province, raises substantial questions. This government is just acting as if this is normal, and to be fair, for them, it is normal.

So let’s look at what’s in the bill. Schedule 1, the Environmental Assessment Act: It’s an amazingly small bill, so I’ll just give it the quick treatment. The changes to the Environmental Assessment Act allow the environment minister to waive the 30-day waiting period currently required following the end of a class EA comment before granting an approval to proceed with an undertaking.

Speaker, the reason you have a waiting period is the assumption that the minister will actually think about what came in. It will provide a period when those who have participated in any consultation process will have an opportunity informally to go to the minister and say, “An awful lot of people have concerns here. You have the power to address those concerns. We ask you, Minister, to address them.”

The other part of this bill, Ministry of Infrastructure Act, allows the ministry to assume control of real estate interests of prescribed entities that currently manage their own real estate interests. Now, this is fascinating: The real estate services for these entities will presumably move to Infrastructure Ontario, which oversees real estate services for most government properties.

What’s interesting here is that apparently the government claims that this change—giving more power to Infrastructure Ontario—is a response to the Auditor General’s 2017 report on real estate. I went and looked at the Auditor General’s report. She was pretty tough on what was going on, on what was being done by Infrastructure Ontario, and I don’t see anything in this bill, nor have I heard any public statement from the government, that they’re actually going to deal with the problems at Infrastructure Ontario. Manifests that were called out, pointed out in 2017—I’ll just note a few. In 2017, the Auditor General found that “Almost $19 million was spent in” one year “on operating and maintaining 812 vacant buildings.”

That’s a lot of buildings, if you’re just pouring money out and you’re not using places—money that could be used for housing, could be used for upgrading other buildings. Possibly the vacant buildings could be used to relocate government services so that we aren’t paying rent to someone else. That doesn’t strike me as a very well-managed portfolio.

She noted, “Capital repair funds” were being “used to fund operating costs for managing government properties.”

I used to be a property manager in the co-op housing sector. I didn’t use capital funds for operating. And I’ll be honest; I mean, I picked it up as I went along. I went to a few workshops. I talked to others, talked to property managers, and they were all pretty clear: You don’t mix the two streams, not if you’re running an above-board shop. So that is a real concern.

The Auditor General also noted, “Office space per person exceeds the Ministry standard.” So we were spending more overall on real estate than we needed to. That’s the agency that the government wants to move more real estate control into.

I haven’t heard—and maybe I will be surprised. Maybe I will be shocked, Speaker, and go home tonight and say, “I had no idea.” Maybe the government has dramatically reformed Infrastructure Ontario so that none of these things would be repeated. However, I have my doubts.

I also want to say a bit more about the environmental assessment end. As I said before, the reason for the 30 days is to give people an opportunity—sorry, bureaucracy and political decision-makers—some time to think about what’s at hand. One would hope that having explored, having investigated, having listened to the people, that a thoughtful bureaucrat, a thoughtful minister would take corrective action where necessary or conclude that the information given has validated the initial assumptions. One of the questions that came up earlier to one of my colleagues was about the need for efficiency and deregulation. I don’t know about you, but I was around when the Walkerton water crisis happened. Deregulation—voluntary rules instead of actual regulation—were central to that crisis, that catastrophe, that loss of life. An initiative to peel away regulations that protect life and health make no sense to me. That is not efficiency; that is irresponsibility.

I’ll give you another example of deregulation on a larger scale that didn’t involve tainted water but did involve tainted finances. You were here, I think, Speaker, in 2008, during the international financial crisis. We grilled the government of the day about their behaviour. They actually bought into it. They had hundreds of millions of dollars of—what can I say?—paper assets that were of no consequence anymore, and we went after them on that. People should understand that that crisis at heart was a failure of the regulatory system, that the companies that packaged and sold those junk financial products were unregulated.

So when a government pursues a deregulation strategy, I see both tainted water and financial chaos. And in both cases, in the aftermath—at least with the water, some steps were taken substantially to protect people’s health. I think with regard to the financial crisis, not as many steps were taken. That remains a work in progress—well, a work unfinished and untouched.

Speaker, I don’t support this bill, and I don’t have confidence that the government will protect either our real estate holdings or the environment.

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  • Mar/2/23 4:30:00 p.m.
  • Re: Bill 69 

Thank you to the member for Toronto–Danforth for taking the time to look into the Auditor General’s report and sharing with the House what the Auditor General found when they did a deep dive into Infrastructure Ontario.

I’ve just got a general question: When this government is looking at changing the environmental assessment process again—I would call it weakening the environmental assessment process. What are the consequences of weakening the environmental assessment process? What happens when you start doing things like that?

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  • Mar/2/23 4:30:00 p.m.
  • Re: Bill 69 

I thank the member for Essex for the question. It’s a good one. I don’t know what the optimal number is. I do know that the agencies that are listed, generally speaking, have negligible holdings. And I do know Infrastructure Ontario in 2017 was the object of a scathing report by the Auditor General on poor practice.

So if you’re in fact moving real estate holdings, and maybe relatively small ones, to an agency that has been found—let’s be generous—wanting by the Auditor General, I have to ask, why on earth are you doing it? Why are you not taking steps in this bill to set standards for management of real estate so that we aren’t paying millions of dollars for vacant properties, so that we aren’t over-housing our workforce, so that we aren’t mixing our capital on our operating funds? If you were doing that, I think that would be a far more interesting debate. I don’t think 14 or 20 or five is the critical thing; I think the critical thing is, do you have good management practice? I have no assurance that, in fact, is what will come out of this bill.

You may well be aware, Speaker, that within the past few years, in New York City, a very severe storm caused about a dozen people to drown in their basement apartments. So if you do not actually pay attention to environmental standards, environmental issues, you put at risk life and property—and health, may I add. So undermining those protections that, over decades, we’ve built up makes no sense at all.

I’ll just note, again, if I have time, the recent example in East Palestine, Ohio, where the railroad disaster, in many cases, is being attributed to deregulations by the Trump administration. Environmental assessment, health and safety regulations are all part of the same package. If you neglect them, you put people’s lives, property and health at risk.

I was talking to a small landlord last night. He’s got a condo on Carlaw Avenue in my riding, and he can’t get a hearing at the Landlord and Tenant Board. Why is that? Because you guys didn’t appoint people at the level necessary to have proper functioning of that board. That’s not efficiency; that is neglect. That means tenants are getting beat up. That means that small landlords are getting beat up. That’s not efficiency. You know what that is: That’s chaos.

When you bring forward a bill that says that you’re going to sort out the real estate issues, do you actually have standards within the bill saying that you can’t have a huge portfolio of vacant buildings that we’re paying for? That we’re going to have a standard for space per employee that doesn’t mean we’re overhoused and, thus, wasting money—which is what you’re doing. You’re not setting a standard. You’re turning it all over to an agency that the Auditor General raked over the coals.

If you want efficiency, set smart standards and enforce them. When you actually start doing that, I might think that you’re trying to deal with efficiency. Right now, all you’re interested in is deregulation, and making some people incredibly wealthy and making other people eat that in terms of risk to their lives and property and in terms of their health.

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  • Mar/2/23 4:30:00 p.m.
  • Re: Bill 69 

I thank the member from Toronto–Danforth for his comments today. This government has got quite the record on real estate holdings, and these are the holdings that actually belong to the people of this province.

We’ve seen them try to pave over the Duffins wetlands for a deal that they’ve made, apparently, with the developer, who’s going to be leasing it out to Walmart or Costco. Then there was another deal, the foundry. They’ve made a deal with the developer to demolish these heritage buildings at the foundry.

At Ontario Place, they’ve made a deal with two international private, for-profit companies that have nothing to do with Ontario, and they’ve committed Ontarians to spending an estimated $650 million to prepare the site, only to hand it over on a long-term lease to this private, for-profit company.

The second part of this bill actually consolidates the real estate holdings of the people of this province in one agency. Do you have confidence, based on their lack of stewardship of public property, that this will lead to better performance, that this will lead to actual proper stewardship of the land and the property that belongs to the people of this province?

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  • Mar/2/23 4:30:00 p.m.
  • Re: Bill 69 

Mr. Speaker, I had the opportunity to address this bill on an impromptu basis yesterday. I was really struck by the long list of different government agencies that had real-estate-making authority. In fact, the list was so long that somebody had to actually write it down for me and pass it to me so that I could read the list. It was so long I couldn’t remember it. There were 14 agencies on it, and it really struck me, gosh, that’s a lot of organizations, all that have real-estate-making authority for the government of the province of Ontario.

So my question to the member from Toronto–Danforth is the following: Is 14 different government agencies making real estate decisions too many, is it too few or is it just the right amount?

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  • Mar/2/23 4:30:00 p.m.
  • Re: Bill 69 

My thanks to the member for Davenport for participating this afternoon. I have to say, it was very interesting to hear the member opposite speak with such concern about a piece of legislation that is going to ensure that we have more efficient government. But I think the take-away I had from it—and it’s a bit of a surprising one, given the feedback that I’ve heard from the member opposite over the last few years—is that he seems to think that the PC government, under the leadership of Premier Doug Ford, is already so efficient that this bill unnecessary. He seems to think that we don’t need to have a bill that’s reducing inefficiencies here in the government of Ontario. I can’t speak for all my colleagues, but I can testify that the attitude the Premier brings forward is that better is always possible.

My question to the member opposite is, if he believes that we are such an efficient government already, does he also not believe that better is always possible and that we need to make sure we’re passing legislation such as this to address any inefficiencies that might still exist?

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  • Mar/2/23 4:40:00 p.m.
  • Re: Bill 69 

I have to say to the member, I wish I had written that question to give to you so that I could claim credit for it, because I enjoyed it so much.

First, I’ll be direct right off the top: No, I don’t have confidence that they’ll actually manage this properly or look after the public interest. The Duffins Rouge Agricultural Preserve came into existence because the people of Ontario put big bucks into it; they preserved that land. It’s part of flood control. It’s part of agriculture pro-duction. We’re seeing it being dismantled by this government, who is effectively transferring wealth in the hundreds of millions of dollars into the hands of speculators. I would say that anyone who does that, any government that does that, has abandoned even the most simple principles of government, which is to sell things off at a profit rather than give them away to friends who will sell them off at a profit. I find it extraordinary that they would do it. I don’t find it extraordinary that they would attack the environment to that extent.

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  • Mar/2/23 4:40:00 p.m.
  • Re: Bill 69 

The member for Spadina–Fort York has a point of order.

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  • Mar/2/23 4:40:00 p.m.
  • Re: Bill 69 

It’s always an honour to be able to stand in this House and debate the issues of the day and today Bill 69, An Act to amend various Acts with respect to infrastructure. This bill talks about consolidation of real estate holdings of the province and about a change to the Environmental Assessment Act.

Many of you may know, and for those of you who didn’t, you’re going to find out: I’m actually here because of the Environmental Assessment Act. I have an interest in the Environmental Assessment Act because we fought a large issue in my part of the world and it was fully approved under the Environmental Assessment Act. The local people didn’t believe that it was fairly approved, accurately approved. We continued to fight it and this Legislature passed a law stopping that project. But in that process, I was personally sued by the proponent of the project—and I don’t blame the proponent, actually. The Adams Mine Lake Act stopped the project, but I almost lost my farm because it didn’t do anything about the SLAPP suit.

I was approached by the New Democratic Party to run in a provincial election to bring focus on that issue. I ran in that provincial election for the one goal, to bring focus to that lawsuit, to hopefully get rid of it, and however that happened, three days before the writ dropped, the company dropped the lawsuit.

I didn’t win that election. We came within 634 votes, I believe, of taking out a very popular cabinet minister, a very good MPP: Mr. David Ramsay. And Mr. David Ramsay announced his retirement and we came so close that I thought, “You know what? If I don’t try again, I might never know if I can do this job.” And I’m still trying to figure that out.

That’s how I got here. So my ears always perk up when I hear about the Environmental Assessment Act and when I hear words like, “We have the strongest Environmental Assessment Act in the province, in the world.” I always, “Okay, but.” No one wants red tape, but we do want regulations that actually work.

We’re currently dealing in my riding with an issue that has to do with the Environmental Assessment Act. I’ve brought this issue up several times in the Legislature. I’m going to bring it up again today.

I give credit where credit is due: The Minister of the Environment, Conservation and Parks has looked into this issue. We don’t agree on exactly everything that’s wrong, but he did take the time—I would say he’s knee-deep in this issue.

Okay, everyone in my part of the world knows that was a dairy farm. They milked 100 cows there. Some of the buildings are still there and the lagoon is still there. So we asked about the well and we were told there was no well, even though the site was approved. It was engineered and approved. All the boxes were clicked.

Now, everyone knew there was a well there, but the consultation process—under the rules, the way I understand them, everyone within 500 metres of the site has to be notified. The two places that were notified had a personal relationship with the person applying for the business and there was no other notification, except on the Environmental Registry. If there is no public notification, how do you actually get the right information?

The site was approved, there was sewage being dumped into it, and everyone except the MOE knew there was an abandoned well on that property—everyone. Yet all the boxes were clicked. We kept pushing and at some point the MOE realized, yes, there is an abandoned well. It has never been decommissioned and we’re going to have to look into that. Then the MOE kicked into gear.

Again, I’m not blaming the ministry for this. There’s something wrong with the process, because the purpose of consultation is to find the most information that you can. When everyone around the neighbourhood knew there was a well there, but no one in the neighbourhood knew that that construction site—they saw there were backhoes building something, but they didn’t know it was going to be a human storage lagoon. And when we, including myself, went to the MOE we were told, “No, no, no, you’re wrong. This is a new site.” No, no, no.

Then, when they did acknowledge there was a well there, it became apparent that part of the concrete from the original farm was in the storage lagoon. And anyone who knows anything about farms—there’s all kinds of pipes under concrete. All of a sudden, it was then an emergency because that well could be connected to that lagoon underneath that concrete, and the concrete was in the plans of the structure. So they told me, “No, this is not an old dairy lagoon,” but the legacy concrete from the farm was in the plans.

So something is wrong with the system. I’m not blaming anyone within the ministry, but the consultation sucked because it didn’t do its job. Now we are still wondering about other legacy infrastructure underneath the ground at that site, because in the clay belt in Timiskaming, we’ve got 100 feet of clay and it’s very impervious. It’s great for earth and lagoons. But that farm has been there for a long time, so for the last 100 years, those farmers have been doing everything they can to drain that impervious clay. So all around that site, there could be random tiles, systematic tiles, pipes—we don’t know what they did in the last 100 years, and we don’t see there’s been any account for it.

So when people tell me that we’ve got the best environmental assessment system in the country, I question it, because 20 years ago, when we brought up issues on Adams mine, we were told, “Oh, no, no, no. You’re wrong.” And now, 20 years later, on a smaller project, we got the same answer: “No, no, no. That’s not right.” And again, we had to push to make them acknowledge there was a well.

There’s something wrong with our system, and changing these periods isn’t going to make it better.

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  • Mar/2/23 4:40:00 p.m.
  • Re: Bill 69 

I’m wondering if I could beg the indulgence of the House. On March 1, 1958, my parents were married. Yesterday marked the 65th wedding anniversary for Len and Gwen Glover, and I’m wondering if I could have a round of applause from the members of the House. Thank you.

Applause.

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