SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
December 5, 2023 09:00AM

As I rise today, I just have to remark on what we just witnessed in this House, which was a shocking abuse of power.

This government passed a bill, the Ontario Place act. They shut out debate at second reading. They passed what’s called a time allocation motion to short-circuit debate at second reading. They did not send it to committee for people to talk about this important bill that will impact Ontario Place and has given the government extraordinary powers to protect themselves and to issue MZOs. Then they short-circuited third reading debate. We were not allowed to debate this at third reading. These are key components of our Westminster parliamentary democracy—key—and we just witnessed this government abuse that.

I would say, you know, there’s a famous philosopher—his name is John Stuart Mill. He wrote on things that this government—it might fit with their philosophy on government. John Stuart Mill talked about the tyranny of the majority, and that’s what we’ve witnessed here. This government has the majority and they used it to further their own ends, and they shut out the people of the province of Ontario when it came to what they’re doing at Ontario Place.

My question would be, Madam Speaker, why have they done this? To build a luxury spa for a foreign company—it’s a remarkable question. Why would they use this extraordinary use of power and short-circuit democracy for a luxury spa for a for-profit, private company? That’s the question. You know, eventually, all things come to light—the light of day, as we see with this legislation. The question is, what has Premier Ford signed Ontarians up for? Why are we not allowed to debate this bill? Why can we not see the details of the 99-year lease given on behalf of us? What we just witnessed here is nothing short, as I said, of another nail in the coffin of what we used to think was a democratic province in Ontario, and it really has been shameful, shameful behaviour here today in this Legislature.

I also want to respond to the member from Perth–Wellington, who said they’re going to codify in law these changes that they’re making to the greenbelt. But follow with me: We are here debating a bill that is putting in place restoring a bill that this government already overturned. It’s a bill that they passed; they overturned the bill, and now we have a bill before us to do that. So it doesn’t matter what you codify in law. You said your government has said they won’t open the greenbelt, but you did do it and here we are with a bill before us that’s simply trying to overdo what you’ve done, which is to overturn a previously existing bill.

It used to be, again, in the province of Ontario, that statutes and laws warranted a certain amount of respect. They’re weren’t just obstacles, as this government likes to say, the laws of the province of Ontario. Things that were debated and voted in this esteemed House are not just things you can overturn. They’re not just obstacles for this government to get its way. They used to command a certain amount of respect, but unfortunately I don’t see that here. So the idea that we’re passing a new statute to reverse the repeal of another statute—the irony is unbelievable in this House. I’m sorry to say, Madam Speaker, it is, to me, really disappointing and—what is the word I want to say?—a disappointing and disgraceful moment here in this House.

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Again.

I also want to go back to saying that the reason we are here debating this bill that is going to revoke/reverse the things this government did when it came to forced urban boundary expansions on municipalities across the province—the reason we are here: We are sharing this victory with all of the people that came together, the grassroots organizations that worked together to push back on this government. They attended rallies, they took signs, they signed petitions, so they were united in demanding that this government—you know, they were asked to protect the greenbelt in perpetuity, and then they understood that the second part of the greenbelt scandal, greenbelt scandal 2.0, if you will, was this forced urban boundary expansion and the issuing of MZOs all across the province. This is the second piece of a land grab scandal that has seized this House, that seized the government for at least the better part of a year.

It’s also the reason that we have, for the first time in the province of Ontario, a government that is under criminal investigation by the Royal Canadian Mounted Police. It’s stunning. I just want to make sure that we understand how serious this is because the division—the special prosecutor that is looking into the actions of this government is the sensitive and international investigations unit. This unit looks into high-risk matters that cause significant threats to Canada’s political, economic and social integrity of its institutions across Canada and internationally. Those are some serious matters.

So I would like to think, as I have been saying, that the government, the minister and the Premier understand where we are in the province; that this is a government that has learned the error of their ways, has learned that we are in a situation like this because of acts of this government that disrespected the laws, that disrespected the will of the people of the province of Ontario. But as we see with the bill that was just passed, it would be apparent that they have not learned the lesson.

You know, it’s been said many times, and I’m of this sentiment: The Premier said he was sorry, and I agree with people across Ontario who say he was sorry that he got caught and it only just looks like this. All the evidence, all the bills that keep coming forward confirm this is not truly sorry; this is “Sorry, but if I hadn’t got caught, where would we be?” If he hadn’t got caught, where would we be? If we hadn’t had an Integrity Commissioner’s report, where would we be? If we hadn’t had an Auditor General’s report, where would we be? If we hadn’t had excellent investigative journalism, where would we be?

If we hadn’t had the Leader of the Opposition, Marit Stiles, who wrote to the Auditor General, who wrote to the Integrity Commissioner, who filed FOIs, all of this would have remained hidden. The government would be going on as business as usual, working not for the people of the province of Ontario, but working for their developer insiders, donors to the party, friends and family, guests of the Ford government, friends of the Ford government. That’s what we would still be doing. And I submit that the bill that we’ve just passed, the Ontario Place bill, that’s the same behaviour. That’s the same behaviour. And the truth will out, as they say in Shakespeare. I believe that is the case.

Let me speak to this bill, Bill 150. This is the Planning Statute Law Amendment Act. Really, what this does is it reverses the harmful, unilaterally imposed urban boundary expansions that this government forced on municipalities in the past year. We have been saying this is the right thing to do, to reverse it, but we were also saying it was the wrong thing to do in the first place, that you’ve done this. But it did take an Auditor General’s report, an Integrity Commissioner’s report and, as I said, an RCMP investigation and extraordinary advocacy from the public to get the government to begin reversing its preferential treatment of favoured speculators.

And even after these extraordinary reversals that we’re seeing here in these two bills, this bill still does not reverse many other planning policies that continue to make rich speculators richer and that harm the public interest and that still fail to deliver the housing that Ontarians need. Despite what the government does, despite what the minister of housing says, this does not come close to delivering the housing need in the province of Ontario. You’ve set us back, so far back when people are in such, such desperate need.

It’s interesting; I would say that we were clear. Experts have been clear, and we’ve been saying that this government didn’t need the greenbelt and they didn’t need this forced urban boundary expansions to build the housing that we need. The government’s own affordable housing task force said clearly shortage of land is not the cause of the housing crisis.

So really, honestly, again, why did this government waste a yearplus with greenbelt grabs and forced urban boundary expansions instead of implementing policies that might actually get homes built? Why didn’t you introduce inclusionary zoning? Why instead of investing in a luxury spa—sprawl, pardon me; I almost said “spa” again. We’ve been saying “spa” a lot, but I meant to say “luxury sprawl.” Instead of investing in that, why didn’t you invest in non-market housing that we’ve talked about? The solutions are there: co-op housing—

Interjection: Supportive housing.

Really, I can only conclude, if the government agrees that it was a mistake to give preferential treatment to speculator friends with the greenbelt grab and the forced urban boundary expansion—it agrees, obviously, that it was a mistake to give many of those speculators arbitrary MZOs who are now under investigation by the auditor. My question is, if they see this as a mistake, if they agree that it was wrong to give preferential treatment, if they agree with the Auditor General’s investigating these MZOs and the Minister of Municipal Affairs and Housing clearly saying they will be looking at all of those MZOs that were issued, why are you giving a new minister the unilateral power—one minister, one person, the power to issue MZOs without public scrutiny? That’s the mess you got into in the first place, but you’re doing it again. It defies logic.

So let’s just take a leap of faith now and say that the government has seen the error of their ways and that they’re reversing these MZOs and these forced urban boundaries because they see that that was not the direction to go in. But then, the question is, if you see that we don’t need the greenbelt land—you’re putting those back—and we don’t need those forced urban boundaries, do you now agree with your own housing task force recommendation that we don’t need these lands to build housing? Is this signalling that you now do not agree that we need to encroach on farmland, that we need to lose more prime agricultural farmland, that we need to build on heritage natural spaces to build the housing we need? I can only assume that’s what that means.

Going forward, we will be keeping an eye on you to see what changes you continue to make. As I said when we discussed the greenbelt reversal bill, there still is a provision in that bill that allows for the government to remove lands from the greenbelt. The minister was very clear and the assistant minister for housing was very clear to say that they reserve the right to use greenbelt land to build infrastructure. So this greenbelt land is not protected in perpetuity. This bill reverses some of the harmful decisions, but you’ve left loopholes in there that will allow the greenbelt and farmland and urban boundaries to be expanded at the signing of the pen of a minister.

The urban boundary expansion has been called “greenbelt scam 2.0,” because as we know, this unilateral grab of greenbelt lands was not put in the public sphere; people weren’t given the opportunity to consult on it. And then, when it came to forced urban boundary expansions—let’s be clear: This is a government that bigfooted municipalities and regions all across the province. These are municipalities and regions that put forward official plans, and this government just overrode them, just unilaterally decided—“Thank you, councillors; thank you, local planners; thank you, local citizens, for all the effort you put into coming up with your reasoned, well-thought-out official plans, the ways that you were going to build your own communities. Thanks anyway, but we’re just going to take all of these and we’re going to override them. We’re going to rewrite them in the minister’s office.” That is an incredible, incredible, heavy-handed action on the part of this government. The regions that had this happen to them—they were mentioned before, but this government ignored councils in Waterloo, Barrie, Wellington. There were also significant changes made to Hamilton.

I want to talk a little bit about what happened in Hamilton. In Hamilton, on the same day that the government opened up greenbelt lands for development, the government also forced the expansion of Hamilton’s urban boundaries by 2,200 hectares of land—again, overriding city council and overriding the will of the people of the city of Hamilton. And I need to be clear: This is almost three times as much land with an urban boundary expansion as was lost during the greenbelt grab. Again, the people of Hamilton, who had been advocating for a frozen urban boundary, spoke up. I will say that, in Hamilton, we had a referendum, and something—90% of the people, I think; there was an extraordinary number of people who filled out their referendum and returned it to council. Of that, it was an overwhelming majority—I think it was perhaps 90% of the people who said they wanted a firm urban boundary; they didn’t want to expand. That was the will of the people of Hamilton. It was the decision of Hamilton city council, and it was the decision of Hamilton’s city planners. Despite this being submitted to the province, the previous minister, Mr. Clark, overrode it, just like that. He threatened that he would in an op-ed—an extraordinary, unusual op-ed that he wrote to the city of Hamilton in the Hamilton Spectator, saying that he would overturn it, and sure enough, he did.

This is a government that not only overrode democratically elected councils, but they abdicated their duty to consult with First Nations.

We know that so many of these deals happened in the back rooms. We also know that the vast majority of the developers that benefited from the urban boundary expansion were the same speculators that benefited from the greenbelt grab.

So we have, again, the Integrity Commissioner and the Auditor General to thank for some of the records that show what happened behind the scenes.

I think it needs to be made clear that in the Integrity Commissioner’s report, developers from Hamilton were invited by this government to a meeting where they were shown the changes that were going to be made to Hamilton’s official plan; they were shown before Hamilton city councillors were, before Hamilton planners were. These developers were in a meeting and said, “Are you comfortable with the changes we’re going to make to the official plan?” These are developers and lobbyists. It turns out that they are one of the same developers that bought tickets for Doug Ford’s stag and doe. This is no way to conduct business. It’s shocking that insider developers would be given a heads-up on the changes that were going to be made to Hamilton’s official plan before Hamilton was. And if that isn’t evidence of preferential treatment, if that isn’t evidence of insider dealing, I don’t know what is.

I want to go on to say that there was a court challenge, as there always is with this government, and records were revealed. In these records that came directly from the Minister of Municipal Affairs and Housing, these records revealed—they were internal documents that showed that this government knew the decisions they were making around urban boundary expansions were not needed. The documents said clearly that in many municipalities, including in Hamilton, the Hamilton frozen boundary expansion would have been sufficient to build the houses that we need. It showed that there was no understanding of the cost that would be incurred by municipalities like Hamilton—which actually means Hamilton taxpayers. They didn’t take into consideration the cost that would be downloaded to taxpayers when this forced urban boundary expansion required the city of Hamilton to build infrastructure—roads, schools, fire stations, fire hydrants, sewer, waste water. All those costs are not on the developers; they’re on the city of Hamilton, also known as the taxpayers. The ministry’s own documents revealed that they didn’t know what those costs were going to be, and they still went ahead.

The ministry’s own internal documents said that they knew that this would impact prime agricultural land, which we all know—farms feed cities. We’re losing agricultural land at an unsustainable pace—that wasn’t a concern—and that the environmental impacts would be significant, but they weren’t taken into consideration. This is the information that the ministry used to make their decision when they went ahead with these forced urban boundaries. It’s unbelievable that that would be okay, that that’s part of the decision.

Again, was this about housing? I would just say that no one actually is buying the line that it was about housing—and the line is the point that I want to say, because Ryan Amato was quoted in these documents telling bureaucrats and telling assistant ministers, “Hold the line. It’s all about housing.” And that came when the heat was on. So they even said it was a line: “Hold the line. It’s all about housing.” That was their cover story. Ford’s hand-picked adviser was saying, “Hold the line.”

The Ministry of Municipal Affairs and Housing’s own documents showed that the 77 individual changes that were proposed to Hamilton’s municipal plans were requested by unnamed parties, third parties. We don’t know who made these requests, so it’s like the province is governed by Mr. X and unnamed third parties who had direct influence in changing how land was used in the province and in Hamilton. So, absolutely, this was another sketchy backroom deal that benefited well-connected speculators and, as we say, has done nothing to build homes for our community of Hamilton.

I would just want to make sure that you are aware that Hamilton is meeting the housing targets that we agreed on with the province—actually, we’re exceeding those within our existing urban boundaries. It’s proof positive that these lands, this greenbelt grab and this forced urban boundary expansion that made people rich was not needed to build the housing we need.

I also want to talk a little bit about the MZOs. Again, this extraordinary number of MZOs that have been issued in this province is like an albatross around the neck of this government. We know what you’ve been up to, because of the extraordinary number of MZOs that have been issued.

This is an insane fact: Guests at Doug Ford’s daughter’s wedding received 18 MZOs—more MZOs than the Liberal government issued in their time in office.

Interjection: And we thought they did a lot.

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Sure, go on.

Interjection: You have one minute.

Bill 141, the Defibrillator Registration and Public Access Act, received royal assent in June of 2020, and it will be four years this June, if nothing happens, that we’ve gone without this registry, which does two things: It lets people know where defibrillators are if there’s an emergency. It helps paramedic services know that. So you can imagine right now that if there’s somebody who has a cardiac arrest—and 7,000 people a year have a cardiac arrest in Ontario—if they have that somewhere in Ontario—and you can imagine if it was a relative of yours and they had a cardiac arrest and there was a defibrillator in the elementary school or in an office nearby, but nobody knew.

The other piece of the bill was—and the member from Nickel Belt and myself wrote the same bill as the member from Eglinton–Lawrence; we just travelled that bill, and I’ll explain how that happened in a little while. Inside that bill, it says if you have a defibrillator and it’s registered, then you have to maintain it. It’s not that much to maintain. It’s multiples of years to replace pads and batteries so that it works in case of a cardiac arrest, because if you find a defibrillator and you go to apply it and it doesn’t work, there’s going to be a bad result. So it’s a great bill; they were all great bills.

What happened is, the House leader at the time was a new House leader, and I spoke directly to the House leader and suggested that we debate the member from Eglinton–Lawrence’s bill, because they were all the same, and she had a slot. We could debate it, get it to second reading, and I said, “Let’s travel the bill,” and the House leader, to his credit at the time, said, “Yes, we’ll travel it. We’ll get it done.” It was travelled, and as I said, it passed third reading and received royal assent in June of 2020.

So it’s three and a half years since we debated second reading here—four years actually, so three and a half years this law has been on the books, a law that will save lives. Defibrillators do save lives, and we know that if we get to people within three minutes, they’re likely going to survive.

As I said in my question, the person sitting next to me in this chair is living proof that defibrillators work, and if they couldn’t find it or it didn’t work, he wouldn’t be here. That’s the purpose of the bill.

The reason that I’m annoyed at the answer that I got to the question is, two years ago this member talked about this bill and said we need to do something, two years ago this January, and nothing has happened, no regulations, nothing.

The government has an opportunity to enact a piece of legislation that will keep people safe, that will keep people alive, that will prevent families from having empty chairs. So what I would like to hear from the parliamentary assistant—and I very much appreciate the fact that you’re here—is that somebody is going to do something, that you’re going to get it done because it’s been three and a half years. As I said in my question, three minutes saves a life, but it’s three and a half years we’re waiting. Three minutes, three and a half years—and 7,000 people a year.

I really sincerely hope that the government is working on getting this thing done before we come back here. It can be done. It’s been three and a half years. It will almost be four if you don’t get it done. It’s a good thing; it’s an opportunity. We put forward this bill, and it’s been put forward in the past, and it didn’t get done. If I hear in the response from the other side, “Well, you guys never did it,” fine, okay, sure, but you’ve had an opportunity for three and a half years with a law that’s been on the books and an opportunity to do it, and irrespective of what happened 10 years ago or five years ago, you need to do it. It would be good for all Ontarians if this law became enacted as soon as possible.

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Pursuant to the order of the House passed earlier today, I am now required to put the question.

Mr. Flack has moved third reading of Bill 150, An Act to enact the Official Plan Adjustments Act, 2023 and to amend the Planning Act with respect to remedies. Is it the pleasure of the House that the motion carry? I heard a no.

All those in favour of the motion, please say “aye.”

All those opposed to the motion will please say “nay.”

In my opinion, the ayes have it. I declare the motion passed.

Be it resolved that the bill do now pass and be entitled as in the motion.

Third reading agreed to.

There being no private members’ public business designated for debate today, it is now time for the late show.

The member for Ottawa South.

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Did you talk about Kaleed at all?

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Madam Speaker, I think if you seek it, you will find unanimous consent to see the clock at 6.

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A lot.

Our MPP from Oshawa has made clear—she just had a wedding, and she gave out bottles of maple syrup. So there is another way. Gifting MZOs, which is gifting land in the province, is not the way to go.

An Ancaster councillor, Craig Cassar, said it best: “It’s entirely undemocratic for the province to accommodate for-profit interests that are in complete contradiction to the public’s interest.”

We also know that many of these changes came directly, word for word, from speculators.

So it is well and good that the government is reversing this, because certainly it was a messy business indeed.

Again, the fact that we are here in this House, just having rammed through legislation and rushed legislation, giving the power to issue MZOs to a minister—it’s in stark contrast to what happened with issuing these MZOs and what happens when you shortchange a process, when you cut the public out, and when you don’t fulfill your duty to consult Indigenous First Nations. There are consequences. I’m standing here, right now, as a consequence of this, while you’re rolling back and revoking this bill.

I’m just going to talk about some of the stakeholders and some of the consequences of what you’ve done by rushing MZOs.

Let’s start with everybody’s favourite, if you will—an article from Colin D’Mello that says, “Ford Government Forced to Fix Rushed Zoning Order That Put Tower on Flight Path.” Well, how is that for a headline, Speaker?

“The Ford government was forced to scale back” an MZO “after the developer was given permission to build a skyscraper right in the middle of the flight path of Pearson International Airport ... after a rushed process....

“The gaffe is likely to draw more scrutiny to the province’s use of ... MZOs a controversial tool that allows the province to overrule and replace ... decisions made by local councils....

“Sources with knowledge of the provincial process told Global News the request for one building included in the zoning order—a 50-storey tower—come from the developer and was turned around by the Ford government in less than two weeks.

“The order to allow the building near Toronto Pearson airport came through the Premier’s Office and was given to the Minister of Municipal Affairs and Housing....”

They turned this MZO around in two weeks, put a tower in a flight path of Pearson airport—if that is not evidence of a rushed process that needs to be reversed, I don’t know what is.

Also, consequences in Hamilton: We know this government is under RCMP investigation, I would say justifiably. But Hamilton city council moved a motion to request the RCMP to investigate the province’s changes to the official plan and urban boundary. Hamilton city council is requesting that the RCMP investigate not only the province’s greenbelt land removal, but also its decision to expand the city’s urban boundary and make other surprise changes to its official plan.

As reported by CBC, Hamilton and the province “copied a developer’s exact request into the official plan so he could move forward with building condos in Ancaster. The developer’s representative had attended Premier Doug Ford’s daughter’s stag and doe in the summer of 2022.” Again, it’s a consequence of a process that is rushed.

That you are still continuing on with your Ontario Place shenanigans has consequences.

I never in a million years thought that I would get elected to this esteemed House to represent the people of Hamilton West–Ancaster–Dundas and I would be talking about a developer and an MPP having couple massages in Vegas. I never thought that we would hear planning decisions made on massage tables in Vegas. It’s funny, but it is not funny. It’s a sad state of affairs.

Finally, what I want to say is that these things have consequences, and there are questions that remain. I mean, the minister—we want to know, was he going to abandon his plan to make lower-tier mayors responsible for his decisions? Will the minister confirm that no further changes to these official plans will be imposed? Will the minister promise not to slow down or complicate housing plans by allowing sprawl developers to appeal official plans themselves? And will the minister promise to maintain and respect the settlement boundary system and the ban on avoidable boundary expansions from now on? These are the questions that remain.

While this bill is here because of the community that saw through the actions of this government and rose up, and while it is important that we are reversing this here, I hope that we all understand the importance of good planning, the importance of democratic processes and the importance of why we’re here as legislators, which is to do the right thing the first time, and not spend time reversing decisions that shouldn’t have ever been made in the first place.

And with that, Madam Speaker, I cede my time. Thank you.

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  • Dec/5/23 5:40:00 p.m.

The parliamentary assistant to the Minister of Health and the member for Newmarket–Aurora.

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  • Dec/5/23 5:40:00 p.m.

I’d like to thank the member for raising this important issue and giving us the opportunity to discuss how our government is enacting the Defibrillator Registration and Public Access Act, DRPAA. Our government is currently working on the registry for the Defibrillator Registration and Public Access Act.

For those that don’t know, defibrillation is a treatment for life-threatening cardiac arrhythmias, specifically ventricular fibrillation and non-perfusing ventricular tachycardia. A defibrillator delivers a dose of electric current to the heart. What we are really talking about is an AED, an automatic external defibrillator, which means that it automatically detects if someone is in a shockable rhythm and it speaks to the individual operating the device to tell them what to do. The usability of these devices by anyone is what makes these devices so valuable for saving lives.

We are all proud of the work of my colleague parliamentary assistant Robin Martin, MPP for Eglinton–Lawrence, whose leadership on defibrillators is making a difference for ours and future generations. Starting back in 2019, the MPP from Eglinton–Lawrence brought forward this important bill. After a lot of hard work, she was able to get all-party support for this important legislation and it passed in June of 2020.

The act imposes certain requirements respecting the installation, maintenance, testing and availability of defibrillators on designated premises or public premises. Although during the pandemic, our focus was on addressing the pressing issues of COVID-19, we are now well on our way to making this registry a reality. Our government is currently prioritizing the policy work and due diligence required to implement this act, with steady progress being made.

Although already, through extensive consultations, we have heard from more than 100 individual and organizational stakeholders from varied sectors. In addition, we sought supplementary feedback through a comprehensive online survey that received over 110 responses. Ensuring that this is done right is important with this legislation, as no one wants unintended consequences from rushed regulations or framework. We look forward to a program that will be welcomed by all parties, and that is why we are taking the time to get it right.

Let’s be clear: We welcome opposition support for this bill. It is one of the things we can all agree upon. At the heart of our government’s work is providing the people of Ontario with high-quality and responsive health care when and where they need it. We know that every second counts, and AEDs, when used in conjunction with CPR within three to five minutes after a cardiac arrest, can double survival rates. We are immensely grateful to the businesses, organizations and communities that have installed AEDs in their public spaces.

The Defibrillator Registration and Public Access Act would impose requirements on the installation, maintenance, testing and availability of AEDs on certain premises to ensure public access to these devices. It comes into force on a day to be named by proclamation of the Lieutenant Governor. We are now analyzing this valuable input to shape options for the act’s implementation.

We believe that defibrillators can save lives. That is why our government is dedicated to implementing the DRPAA in a responsive and measured way, helping to connect more Ontarians to AEDs wherever they live, work or play.

A constituent of mine, Brian Patterson, the president and CEO of the Ontario Safety League, said to me, “Public access to defibrillators has proven to save lives and has become a key element in the community safety network. They are simple to use and provide instantaneous value.”

Our government will continue to work to ensure that public access to defibrillators will be enacted, as per the Defibrillator Registration and Public Access Act.

Report continues in volume B.

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