Ontario minister's zoning orders controversy

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The Ontario minister's zoning orders controversy or Ontario Greenbelt scandal[1] refers to an ongoing controversy of the government of Ontario's use of minister’s zoning orders (MZOs), which allows it to override municipal council decisions on development. Both the frequency of their use and the way in which the government has used them has come under criticism.[2][3]

In late 2022, Premier Doug Ford released properties from Greenbelt protection. At the end of August 2023, Ontario's Integrity Commissioner found Housing Minister Steve Clark had broken ethics rules, and on September 4, Clark tendered his resignation. The next day, Ford announced that he would reverse his decision to open the Greenbelt to development.

Background

Minister’s Zoning Orders

Under the Planning Act, the Minister of Municipal Affairs and Housing has the authority to issue a minister’s zoning order (MZO) over any property in the province, determining the development plan for that property even if it overrules a municipal zoning bylaw.[4] There is no process for appealing an MZO. The use of MZOs has traditionally been reserved mostly for emergency situations, such as after the collapse of the Algo Centre Mall, which killed two people.[5][6]

First Ford term (2018-2022)

After winning a majority in the 2018 Ontario general election, the Progressive Conservative Party of Ontario formed a new government in the province, led by Premier Doug Ford. Before Ford was first elected in 2018, a video emerged of him informing developers that he would "open up a big chunk of the Greenbelt" if elected.[7] After a public outcry, Ford said he would replace any removed land and that his goal was to increase supply to reduce housing costs. Pre-election, Ford also pledged not to remove Rent Control, stating, "I have listened to the people, and I won't take rent control away from anyone. Period. When it comes to rent control, we're going to maintain the status quo." After taking office, Rent Control for all newly-built or newly-converted rental units was removed as a measure to incentivize developers to build more apartments, to help landlords cover costs and make profit, and to keep condo investors buying.[8] The government then began using MZOs at a significantly increased rate compared to previous governments.[9] Between 2019 and early 2021, Ford's government issued well over 30 MZOs, approaching the total of 49 MZOs that had been issued in the province between the 1969 and 2000, a period of three decades.[10][11]

In October 2020, the government issued a set of MZOs aimed at the West Don Lands in Toronto, allowing for towers up to 50 storeys tall to be built without the city's approval. Several Toronto city councillors voiced their disapproval of the orders, with mayor John Tory stating that "I think that is a less than ideal situation, to say the least."[12] In January 2021, a number of community groups protested against the attempted demolition of heritage-listed buildings at the Dominion Foundry Site.[13] Court action forced province to pause demolition until legal issues could be resolved.[14]

In December 2020, the government passed Bill 229, the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. The bill contained a number of changes to development regulations in the province, notably eliminating the ability of conservation authorities to veto MZOs.[15]

In early March 2021, the government issued a further six MZOs, of which half overrided environmental limits on development proposals from Flato Developments. While announcing the MZOs, Ford defended his government's use of the orders, stating that "we will never stop issuing MZOs for the people of Ontario."[16] Later that month, the government issued another order for a plot on the west side of Beeton, allowing Flato Developments to build a 995 units on the site, despite the site being located on a flood plain managed by the Nottawasaga Conservation Authority.[17]

In April 2021, the government passed Bill 257, the Supporting Broadband and Infrastructure Expansion Act, 2021. Schedule 3 of the Act implemented further amendments to the Planning Act allowing it to issue MZOs that clash with the provincial government's development master plans. The bill further applied to all previously issued MZOs retroactively.[18][19][20]

Reactions

The government has defended its use of the orders, arguing that they are necessary to help create jobs and affordable housing, especially in the midst of the COVID-19 pandemic in Ontario. The government has also stated that it only issues them in accordance with the wishes of the local municipalities.[21]

The government's use of MZOs has been described as part of a strongman approach to governance by Ford, preferring to force through policies without consideration of the destabilising effects it could have.[22] Some commentators have described the government's use of MZOs as undemocratic and have accused the government of trying to evade accountability.[23] The Ontario Federation of Agriculture stated that the "frequent use [of the orders] undermines Ontario’s long-established system of land use planning."[24]

The government has been accused of corruption over its use of MZOs, particularly by favouring developers close to the Progressive Conservative Party.[25] In December 2020, the Ontario NDP released evidence suggesting that around half of the MZOs issued by the government since March 2020 predominately benefited developers that had links to the Progressive Conservative Party.[26]

Other commentators have criticised the environmental impact the government's use of MZOs would have, such as the plan to pave over parts of the Lower Duffins Creek wetland in Pickering and the plan for greenbelt development.[27][28] Environmental Defence Canada has campaigned against the use of the orders, stating that "in addition to creating long term damage to the environment, increasing property taxes, and enabling more sprawl to eat up Ontario’s best farmland, the Minister has sent a strong message to the Ontario public that their opinion isn’t valuable, that experts don’t matter and that decisions enabling development are his alone."[29]

The government had previously also passed a bill that stripped a number of powers from local conservation authorities.[30] The government's approach has been described as harming local conservation authorities, with Conservation Ontario general manager Kim Gavine stating that they were now "basically the only landowners in Ontario who cannot appeal most planning decisions which affect their lands."[31] In December 2020, seven members of the Ontario Greenbelt Council resigned in protest over the government's approach to development.[32]

Second Ford term (2022–present)

After re-election in 2022, and amidst a worsening housing and affordability crisis, Ford became embroiled in controversy over properties released from Greenbelt protection.[33] One developer had purchased property shortly before the decision was made. A total of 7,400 acres of Greenbelt land was removed, while 9,400 acres of land was added.[34]

Ford has disagreed with criticism regarding his friendships with developers, saying, "no one can influence the Fords".[35] Specifically, he called questions about the optics of developers attending his daughter's pre-wedding party in August 2022, "ridiculous". Ford sought clearance for the event from the Integrity Commissioner in January 2023.[36] In February 2023, the Ontario Provincial Police anti-rackets branch were still looking into complaints about his government's decision to open up a portion of the Greenbelt for development.[37] The OPP asked the RCMP to take over the file in August 2023, in order to avoid any perceived conflict of interest.[38]

On August 9, 2023, the Auditor General released a report on the Greenbelt swap-out which found the government's flawed process had favoured certain developers who stood to earn over $8 billion.[39] The AG also confirmed that alterations to the Greenbelt were not necessary to reach Ontario's housing target and that Housing Minister Steve Clark's chief of staff "failed to consider environmental, agricultural and financial risks and impacts".[40] Calls from the opposition for Clark to resign were resisted by Ford and Clark himself, but Clark's chief of staff stepped down. At the end of August, Ontario's Integrity Commissioner found Clark had broken ethics rules, and on September 4, Clark tendered his resignation and was replaced by Paul Calandra.[41] The following day, Ford reiterated he would follow 14 of the Auditor General's 15 recommendations but would proceed with allowing the construction of affordable homes under $500,000 for "newcomers and young people" on the Greenbelt.[42] He also stated more applications to remove land from the Greenbelt would be reviewed.[43] He did not answer a reporter's question about reinstating Rent Control, nor did he comment on calls from First Nation Chiefs across Ontario to return traditional territories to the Greenbelt.[44]

On September 20, another minister from Ford's cabinet, Kaleed Rasheed, resigned over his relationship with a developer involved in the Greenbelt land swap.[45] The next day, Ford announced that after continuous backlash from constituents and two reports regarding the flawed process of opening the Greenbelt he would reverse his decision to open the Greenbelt to development. He apologized to the people of Ontario and promised to encourage building within urban boundaries.[46]

On October 10, the RCMP announced it was opening a criminal investigation into the allegations around developer favouritism in the Greenbelt land swap process used by the Province of Ontario. [47]

On October 16, Minister Calandra tabled a bill that would restore the Greenbelt lands removed in 2022 and that any future changes to the Greenbelt would have to go through the legislature.[48]

Companies

The following companies owned land in the Greater Toronto Area Greenbelt at the time that the Ontario Government proposed to develop the greenbelt:

  • Richmond Hill, Ontario
    • Seven companies owned by Vaughan-based construction family De Gasperis family (president: Silvio De Gasperis[49]), owners of Tacc Developments, Tacc Construction.[50] Arista Homes, Opus Homes and Decast Ltd.[51] Companies include Tacc Developments (Block 41) Inc, Leslie Elgin Developments Inc.[50]
  • King, Ontario
    • Green Lane Bathurst GP Inc. owns five parcels of land. Green Lane Bathurst GP's president is president Michal Rice,[52] owner of Rice Group.[50][53]
  • Stouffville, Ontario
    • Torca II Inc (president Marcelo Perez-Hassaf)[50]
    • A numbered company with the same directors as Torca II Inc
    • 2502536 Ontario Limited (president: Weixiang Wang)[50]
  • Markham, Ontario
    • Three numbered companies, also with the president Weixiang Wang)[50]
    • Flato Upper Markham Village Inc. (president: Shakir Rehmatullah)[50][54]
    • Minotar Holdings[50]
  • Clarington, Ontario
    • Nash Road Developments (president: Peter Tanenbaum)[50]

See also

References

  1. ^ "A timeline of the key events in the Ontario Greenbelt scandal". Toronto. September 20, 2023. Retrieved September 21, 2023.
  2. ^ "Dear World: Meet Doug Ford, One of Canada's Most Unpopular Politicians". www.vice.com. April 19, 2021.
  3. ^ "How communities are fighting MZOs (Ministerial Zoning Orders)". thestar.com. February 18, 2021.
  4. ^ "Minister's zoning orders". www.ontario.ca. Retrieved May 21, 2021.
  5. ^ "What To Know About MZOs, Ford's Development Tool That Environmentalists Hate". HuffPost Canada. December 9, 2020.
  6. ^ McGrath, John Michael (March 12, 2021). "The Tories didn't invent MZOs. Whoever comes next is going to face the same problems". TVO.org. Retrieved May 21, 2021.
  7. ^ https://nationalpost.com/news/politics/doug-ford-says-he-would-open-up-greenbelt-for-some-development
  8. ^ https://www.cbc.ca/news/canada/toronto/rent-control-reforms-could-mark-return-to-sky-high-increases-for-toronto-tenants-advocates-warn-1.4908665
  9. ^ "Doug Ford's provincial government 'sidesteps' local community, overrules Toronto on developments in West Don Lands". thestar.com. October 26, 2020.
  10. ^ "'Poster child for destruction': The fight to save the Duffins Creek wetland from developers". TVO.org.
  11. ^ "Ontario issues special orders to approve developers' plans and quash opposition". The Globe and Mail. May 26, 2020.
  12. ^ "Toronto officials slam provincial order that sidesteps planning for West Don Lands". cbc.ca. October 27, 2020. Retrieved May 21, 2021.
  13. ^ "Provincial demolition of Toronto heritage buildings for affordable housing development raises community ire". globalnews.ca. January 18, 2021.
  14. ^ "Province in talks with city on fate of Foundry buildings as court battle postponed for now". cbc.ca. February 23, 2021. Retrieved August 7, 2021.
  15. ^ "Conservation authority worries new law flouts protection policy". thestar.com. December 20, 2020.
  16. ^ McIntosh, Emma (March 9, 2021). "'We will never stop': Ford government approves 6 new zoning orders as backlash grows". Canada's National Observer.
  17. ^ "Beeton development land approved by Ministerial Zoning Order". thestar.com. March 18, 2021.
  18. ^ McIntosh, Emma (March 4, 2021). "Ford government expanding MZO powers to dodge lawsuit and pave over wetland: internal document". Canada's National Observer.
  19. ^ Crawley, Make (March 5, 2021). "To pave way for wetland development, Ford government retroactively changing law". cbc.ca. Retrieved May 21, 2021.
  20. ^ "Advocates, opposition slam Ontario government's move to strengthen minister's zoning power". Global News.
  21. ^ "Ontario premier defends use of development tool as concern mounts over fast-tracked projects". Toronto. March 10, 2021.
  22. ^ Zivo, Adam (April 30, 2021). "Adam Zivo: Doug Ford's apology was a start but will it still be his Ontario come election time?". National Post.
  23. ^ "Municipalities vexed by Ontario zoning orders". The Globe and Mail. November 18, 2020.
  24. ^ "OFA letter to Minister Clark regarding use of Minister's Zoning Orders". ofa.on.ca. December 1, 2020. Retrieved May 21, 2021.
  25. ^ McIntosh, Emma (February 16, 2021). "Exclusive: Doug Ford donors benefit as fast-tracked developments override environmental concerns". Canada's National Observer.
  26. ^ Crawley, Mike (December 9, 2020). "Ford government using special provincial powers to help developer friends, NDP alleges". CBC News.
  27. ^ "Duffins Creek wetlands vs. a warehouse: Resisting Doug Ford's assault on communities and the environment". Greenpeace Canada.
  28. ^ "Editorial | Doug Ford takes an axe to greenbelt protections". The Hamilton Spectator. December 10, 2020 – via www.thespec.com.
  29. ^ 4 min read (August 28, 2020). "You may have never heard of a Minister's Zoning Order and that used to be ok - but not anymore - Environmental Defence". Environmentaldefence.ca. Retrieved May 21, 2021.{{cite web}}: CS1 maint: numeric names: authors list (link)
  30. ^ "Ford government to strip some powers of conservation authorities". 640 Toronto.
  31. ^ "Conservation authorities' power still under threat". nugget.
  32. ^ "Province refuses to kill controversial legislation in wake of Greenbelt Council resignations". cbc.ca. December 7, 2020. Retrieved May 21, 2021.
  33. ^ "Ontario just got 14,000 hectares of land to develop — so why does Doug Ford want the Greenbelt too?". November 12, 2022. Retrieved December 11, 2022.
  34. ^ "Ontario premier won't back away from plans to build on protected Greenbelt". cbc.ca. August 11, 2023.
  35. ^ "'Absolutely ridiculous': Ford rebukes questions on daughter's stag attended by developers". Toronto. February 15, 2023. Retrieved March 11, 2023.
  36. ^ "Integrity commissioner clears Doug Ford after developers attend daughter's stag and doe | Globalnews.ca". Global News. Retrieved March 11, 2023.
  37. ^ Ontario's integrity commissioner, auditor general launching Greenbelt investigations CBC
  38. ^ "RCMP probing Ford government's handling of the Greenbelt". August 23, 2023.
  39. ^ https://www.auditor.on.ca/en/content/news/specials_newsreleases/ataglance_Greenbelt_EN.pdf
  40. ^ "Ford government favoured developers, Greenbelt land not needed for housing target: Auditor general".
  41. ^ "Ontario housing minister resigns amid Greenbelt land swap scandal | Globalnews.ca".
  42. ^ https://gpo.ca/2022/11/08/doug-ford-scapegoating-newcomers-for-his-governments-assault-on-the-greenbelt-is-a-new-low-for-the-premier/
  43. ^ "Ontario Premier Doug Ford says his government will 're-evaluate' more Greenbelt lands". September 5, 2023.
  44. ^ "Ontario chiefs unanimously oppose province's Greenbelt land swap | Globalnews.ca".
  45. ^ "Ontario minister resigns from Ontario PC Party amid contradicting accounts of Las Vegas trip". September 20, 2023.
  46. ^ Bureau, Rob Ferguson, Robert Benzie and Kristin Rushowy Queen's Park (September 21, 2023). "Doug Ford cancels controversial $8.28-billion Greenbelt land swap: 'It was a mistake'". Toronto Star. Retrieved September 22, 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
  47. ^ "RCMP investigating Ontario government's plan to open Greenbelt land for development".
  48. ^ "Ontario tables bill to return Greenbelt land". ctvnews.ca. October 16, 2023.
  49. ^ Jones, Ryan Patrick (July 11, 2023). "Ontario developer asks court to prevent, delay interview with auditor general in Greenbelt audit". CBC. Archived from the original on July 11, 2023. Retrieved July 11, 2023.
  50. ^ a b c d e f g h i j Jones, Ryan Patrick; Brockbank, Nicole (November 11, 2022). "Who are the GTA developers set to benefit from Ford government's Greenbelt land swap?". CBC. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  51. ^ Jones, Ryan Patrick (November 25, 2022). "Prominent developer family linked to more Greenbelt properties slated for housing". CBC. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  52. ^ Gray, Jeff (February 1, 2023). "King Township mayor says he knew nothing about Greenbelt plans in advance". The Globe and Mail. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  53. ^ McIntosh, Emma; Javed, Noor; Kennedy, Brendan (November 17, 2022). "Six developers bought Greenbelt land after Ford came to power. Now, they stand to profit". The Narwhal. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
  54. ^ "Ontario developers who benefitted from Ford government decisions on Greenbelt and MZOs dined with the premier at his daughter's wedding". thestar.com. February 10, 2023. Archived from the original on February 13, 2023. Retrieved February 14, 2023.
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