SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
November 24, 2022 09:00AM
  • Nov/24/22 9:00:00 a.m.
  • Re: Bill 23 

Thank you, Speaker, for the opportunity to speak on Bill 23.

It is apparent that this government has a deep fear of democracy, because with every bill that has come before this House, the government has attempted to undermine core democratic processes, shifting power and resources away from ordinary working people and their elected representatives to those with deep connections to the Conservative Party.

First, there was Bill 7, which forces people to move where they don’t want to live, far away from their families and their support systems. In the north, they can be moved up to 150 kilometres away. But guess what? Since there isn’t a single opening in long-term care anywhere in the entire 93,000 square kilometres of my riding, and the law provides the option to send folks even further away, they could wind up anywhere—in Toronto, in Niagara—who knows? How gracious of this government to shove people wherever there is an empty room. Is it any wonder that there are now charter challenges being brought against this bill?

While speaking of disrespecting fundamental rights—

Following Bill 7, there was Bill 28, which tried to override the Charter of Rights and Freedoms. It took the threat of a general strike to wake up the government on this one.

But sadly, even after being forced to rescind Bill 28, this government continues to go full tilt at eliminating democratic rights, with Bill 23 and Bill 39, which really put the politics of bullying into law. We have before us two bills that say, “It’s good to rule by minority fiat. Hooray for the iron fist of the Conservative government”—and then there’s the destruction of the greenbelt that benefits key Conservative supporters.

I must say, I find it disturbing that members on the government side of the House are so cavalier about democratic rights. You were sent here—we were all sent here—to solve problems, not to appoint yourselves as bullies and enforcers who get to decide which democratically elected representatives will be heard and which will be ignored. What shocks me is that so many of you are willing—

Interjection.

Perhaps democracy is something Conservatives are happy to put aside whenever there’s a convenient excuse.

Apart from disliking democracy, it’s also apparent that this government dislikes science and those with scientific expertise, as the government seems to be determined to cut out the role of conservation authorities in assessing the suitability of lands for housing, and they are doing this in spite of the imminent threat of climate change.

In the case of Bill 23, More Homes Built Faster Act, the government gives developers a free ride, removing fees that municipalities and conservation authorities need to fulfill their mandates, thus downloading the costs onto already overburdened municipalities. In fact, this is a repetition of a pattern going back to the mid-1990s, possibly during the Mike Harris years, when provincial governments started downloading responsibilities to municipalities while withholding the money needed to fulfill those responsibilities. Is it any wonder that so many municipalities, certainly those in my region, are struggling to maintain basic services?

I have received an unprecedented number of briefs from organizations and letters from individuals deeply concerned about Bill 23. These organizations include the association of municipal organizations—an organization that represents 444 Ontario municipalities, which, shockingly, was denied a hearing by this government—the Ontario conservation authority, the Ontario nature conservancy, Ontario Nature, Citizens United for a Sustainable Planet, the hunters and anglers of Ontario, the Thunder Bay Field Naturalists, and the northern Ontario municipal association, along with many individuals who took the time to write extensive analyses of the bill. The feedback has been remarkable in the consistency of the concerns raised and the efforts to be heard.

I would like to read excerpts from a number of these letters and reports.

From Thunder Bay resident Bryan Mackay:

“While I understand the need for additional housing in the province, I don’t feel it should override the liberties of citizens and organizations trying to voice their opposition and appeal decisions being made that can impact their quality of life.

“Bill 23 will restrict the rights of individuals and citizen groups to appeal land use permits. This is a right that I feel I should have under the Canadian Charter of Rights and Freedoms. Allowing Bill 23 to restrict the fundamental freedoms of individuals and citizen groups to appeal legislation is undemocratic and appears to be more authoritarian in nature.

“I’m also concerned when an elected representative of the people of Ontario doesn’t seem concerned at all about taking away their freedoms in the name of economic development.”

And he quotes from Hansard, so this is a government statement: “We would also place a limit on appeals from individuals and community groups, for instance, that would further hinder the progress of official plan amendments and zoning bylaw amendments.” He said, “This comment supports my concerns.”

He also agrees with the concerns of Gravel Watch Ontario about Bill 23, and they wrote, “Shifting the municipalities’ and conservation authorities’ responsibilities weakens the long established regional planning framework and represses the technical expertise which is critical to the review of development applications. In addition, amendments to the Ontario Land Tribunal contravene its purpose to provide justice and fair, principled resolutions for land use planning conflicts.”

He went on and cited a number of other points from Gravel Watch Ontario:

—restricting public access and involvement to the municipal level only, denies public access to legal recourse;

—restricting access to justice is contrary to governments’ role to protect the public interest;

—allowing appeal rights for “specified persons”—that is, government agencies and major corporate entities—erodes public trust in government and perpetuates land use conflicts;

—arbitrarily awarding appeal costs without request;

—empowering the minister to order an amendment to an official plan if the minister is of the opinion that the plan is likely to adversely affect a matter of public interest;

—removing the two-year moratorium placed on official plan and zoning bylaw amendments from pits and quarries, which, I must say, is a major issue in my region; and

—finally, structuring the Ontario Housing Affordability Task Force without representation from municipalities, conservation authorities, environmental groups or the public.

Mr. Mackay concluded by saying: “I am asking you to find a more creative solution to building additional housing that still allows voters to use their democratic right as citizens to appeal planning decisions.”

Another constituent, Kyla Moore, wrote: “Bill 23 eliminates regulations that empower conservation authorities to effectively steward and conserve lands and watersheds to balance human, environmental and economic needs, while shifting massive costs and fees onto municipalities and taxpayers instead of having growth pay for growth.

“Bill 23 disempowers municipalities and undermines democracy by giving the minister the power to override planning decisions, and makes changes to public reading requirements, appeals processes, and restricts the public’s participation in decisions which affect their communities.

“Bill 23 erases and replaces policy which protects our natural heritage systems with policy designed to facilitate development, it rewrites the rules for designating wetlands as worthy of protection” thus ensuring very few will be protected, “and provides a high-risk ‘pay to slay’ option for unproven and historically unsuccessful land trade-offs (e.g., pay into a fund to destroy a natural area on the promise to rebuild it elsewhere).

“Bill 23 represents another broken promise to Ontario’s Indigenous communities. Indigenous peoples are connected to nature, including wetlands that support culturally significant plants and species. The provincial government should step back and make a genuine effort to learn from Indigenous approaches to sustainable management of land and waters, and this bill should be redesigned and implemented with Indigenous participation and consent.”

She quotes from the final report of the Truth and Reconciliation Commission of Canada: “Reconciliation between Aboriginal and non-Aboriginal Canadians, from an Aboriginal perspective, also requires reconciliation with the natural world. If human beings resolve problems between themselves but continue to destroy the natural world, then reconciliation remains incomplete.”

I will now read from another document. This one was signed by a couple of hundred people. I imagine this went to all MPPs:

“In late October and early November, the Ontario government announced two dramatic and fundamental changes to how we design and build our neighbourhoods and communities, and protect the environment of Ontario.

“Bill 23 (and related regulatory and policy changes) and a proposal to remove 7,400 acres of precious class 1 farmland and natural areas from the protected greenbelt. The Premier claims these changes would build more housing more quickly. He is wrong. The proposed changes would not solve the housing affordability and supply crises. Any new supply of truly affordable housing units would be offset by the loss of affordable units through redevelopment of existing rental housing for other uses. And a new supply of diverse housing types would not begin to meet the rising demand as our population increases.”

I’d like to move to an article that showed up this morning from Rabble media. This is a quote by Phil Pothen, land use planning lawyer and Ontario environment program manager with Environmental Defence: “It would absolutely, without a doubt be an out and out lie by the Premier if he were to go ahead and proceed”—

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  • Nov/24/22 9:10:00 a.m.
  • Re: Bill 23 

Oh, sorry. I am quoting something—

I’ll continue: “To be honest, it would mean a death sentence to the greenbelt as a whole.”

Apparently, Minister Clark says the class 1 agricultural lands will be swapped out for 9,400 acres that will eventually receive greenbelt designation.

“Used in conjunction with Bill 23, the More Homes Built Faster Act ... which upends conservation authorities’ powers and the province’s wetland protection system, the Ford government is playing a dangerous shell game with ecologically sensitive areas and precious farmland. Progressives and environmentalists know that this is not going to end well.

“As if those changes weren’t bad enough, the provincial government overturned Halton region’s official plan amendments ... which contained development within the existing settlement boundary to 2051.”

So the concern that’s raised in this article, primarily, is sprawl—the spreading of housing and creating very expensive houses that require more transportation, more infrastructure and more cost to municipalities to actually provide that infrastructure, while doing nothing to actually produce affordable housing and have more dense housing within already existing planning zones

I’ll go back to the letter that had so many signatures:

“The government’s proposed changes would damage our existing neighbourhoods, towns and cities as well as the farmland and natural areas that sustain them, which in turn, would harm our ability to feed ourselves, protect ourselves from flooding, and address climate change risks.

“Taken together, the changes would:

“—do little or nothing to address the shortage of truly affordable housing;

“—facilitate expensive urban sprawl and inappropriate high-rises at the expense of more diverse housing types designed for all stages of life and ranges of incomes;

“—divert limited construction materials and labour away from building mixed and affordable housing, and direct them instead towards sprawl development, creating fragmented agricultural and natural landscapes;

“—remove from the greenbelt thousands of acres of valuable natural areas and agricultural land, and turn them into sprawl development;

“—undermine the protection of wetlands, woodlands, rivers, streams and wildlife habitat across Ontario;

“—destroy key land use planning processes that Ontario municipalities, conservation authorities and residents need in order to protect, manage and plan for climate-resilient ecosystems and communities.”

I’m going to move ahead to a specific concern from a lawyer in my riding:

“I ... want to bring to your attention the Lempiala gravel application to insert a new industrial use of aggregate extraction next to the cottage/residential uses at Trout Lake.... Removing existing rights of appeal by Trout Lake landowners will mean that our fight against this proposed intrusive use will be at an end, and the peace, serenity and natural beauty now enjoyed at Trout Lake will be forever lost.

“Premier Ford is saying that our multiple-year battle with Lempiala is retroactively wiped out as of Oct 25/22, all for the purpose of building houses faster in southern Ontario. It makes no sense. It is a long-standing principle of planning law in Ontario that neighbours have the right to comment and appeal proposed new uses nearby their lands. Buffering between conflicting uses is an important planning principle that will lose all meaning if citizens lose their appeal rights.

“Adjacent to the McIntyre River (Trout Lake is the source lake) ... is an area that has been noted as provincially significant wetlands.... The proposed Lempiala aggregate operation will no longer have to set back its extraction operations from the potential PSW lands which are partially found on the Lempiala lands. It is quite obvious that the Ford government’s Bill 23 favours land developers instead of residents nearby and entirely disregards PSW lands.”

I will move to conclude. I’d like to think about the International Plowing Match, where we had the opportunity to meet with so many farmers. One of the strong messages that I certainly heard from farmers was the need to protect farmland, to not lose any more farmland to development, and to do whatever we could to stop urban sprawl. We are seeing exactly the opposite of that taking place with Bill 23 and then with Bill 39.

We have a responsibility to our constituents, to our citizens, to be thinking about climate change, to be really protecting the future—for our children, for our grandchildren, for ourselves—from environmental degradation. Climate change is a real threat. We need more parkland. We need more wetlands; we need to preserve those wetlands. They protect us from flooding. In my region, flooding is a very serious concern, and we can’t pretend that it’s not there.

So I respectfully request that the government retract those elements of Bill 23 that undermine democratic participation, that undermine commitments made to protect the greenbelt, and that undermine the capacity of communities to manage their own flood lands and land planning processes.

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  • Nov/24/22 9:20:00 a.m.
  • Re: Bill 23 

First of all, I will note that most of the organizations that I cited are run by volunteers.

Secondly, we all agree that there’s a housing crisis, but is the crisis an excuse for overriding democratic principles, democratic practices? It should never be permissible to make those kinds of—they’re not just compromises; they’re breaches of really fundamental principles that are going to exclude the people of Ontario from participating.

We’re not opposed to building more housing. We know we need more houses, but we also know that those houses can be built on land that has already been zoned for building.

First of all, we’ve probably all read the articles pointing to who owns the different parts of the greenbelt, who seem to be influencing decisions.

I will say that the association of municipal organizations—again, many of us attended their annual conference, something that’s seen as very, very important. Speaker, 444 municipalities shut out from being part of the conversation about this bill—I find that shocking and appalling. I know that the Northwestern Ontario Municipal Association has also not been consulted at any time. So I don’t know who is being consulted when the municipalities directly affected are not given a voice.

You will find that most municipalities are already saying that they can infill. They don’t need to be expanding into wetlands. They certainly don’t need to be expanding into conservation lands, which—the bill also requires conservation authorities to identify parkland to suddenly turn over into housing land. The problem almost everywhere is not a shortage of land, and their own advisers have told them that; it is a matter of getting homes built. We do not need to trample democracy and we don’t need to use wetlands to fulfill those objectives.

We have also been talking about housing, and I spoke yesterday about not-for-profit housing and how I don’t see anything in either bill that supports this.

As I said yesterday, we have two shovel-ready projects ready to go in Thunder Bay. They’re not for-profit. All the planning has been done. All the permitting has been done. But there’s no provincial support, so it remains a large gap in the planning.

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  • Nov/24/22 9:30:00 a.m.
  • Re: Bill 23 

I believe the government shut down our proposal earlier this week, so, unfortunately, you didn’t get to hear the NDP plan for housing.

What are these barriers? You haven’t actually given any evidence at all that municipalities are resisting having development. What they are resisting is having irresponsible development on wetlands, sprawl, and wasting farmland, which is needed to provide a secure food network for ourselves so that we get to survive. We need those farms, and we need that farmland. I’ve seen nothing in anything that the government has said that actually gives a reason for stomping all over democratic rights and wasting our farmland.

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  • Nov/24/22 10:00:00 a.m.
  • Re: Bill 23 

The member from Mississauga–Erin Mills mentioned that the clock is ticking.

I have mentioned before that there are two shovel-ready, not-for-profit projects in Thunder Bay. We’re still waiting to hear or have some kind of response from the government about how they will support those projects.

My question is actually about farming and farmland. You’ve talked about the increased population that will be coming to the province. What is the province’s plan to replace the food produced on the farmland that is being lost? How do you intend to feed this growing population?

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  • Nov/24/22 10:10:00 a.m.

Many workers who experience permanent injuries while on the job are forced into poverty and homelessness because the WSIB has a routine policy of turning down claims, forcing injured workers to launch appeals that take years to resolve. Instead of workers getting the financial support they need and are entitled to, they wind up trying to survive on ODSP. That’s off-loading the financial responsibility of employers onto the public—a free ride for employers and a lose-lose situation for workers and the public.

Yesterday, the Minister of Economic Development bragged about cutting employers’ WSIB premiums by 30%—and then, later that year, at the same time as injured workers are being forced onto ODSP, he gave $1.2 billion back to employers.

This year, injured workers were betrayed yet again when their cost-of-living allowance was set a full 2% lower than stipulated in law and in WSIB policy. While this government thinks nothing of showering businesses with money intended to support injured workers, they are happy to rip off workers by deliberately shortchanging them on their cost-of-living increase. This is disgraceful and cruel.

Your treatment of people with disabilities is unacceptable.

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  • Nov/24/22 11:10:00 a.m.

Gas prices remain far higher in northern Ontario than in the south. In the northwest, the average cost of gas was 30 cents more per litre than in the greater Toronto area. Even in the north, the price can range drastically from town to town for no discernible reason.

Can the Premier explain to northerners why there are such huge differences in the price of gas across the province?

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  • Nov/24/22 11:20:00 a.m.

The answer is simple: Oil and gas companies that continue to rack up huge profits are gouging people in the north. Just ask the Minister of Northern Development, who said last week, “I can’t explain the price variations” in the north. “It’s a bit of a Wild West phenomenon.”

Will the Premier rein in the companies that are gouging northerners and end gas price gouging in Ontario?

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