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One year ago today, on 29 November 2023, the developer Michael Rice was making a last-ditch effort to persuade the Ford Government to permit development on the protected Greenbelt lands at Bathurst in King which he purchased on 15 September 2022 for $80M. (Photo Right)

At the time the Government was reversing its catastrophic decision to permit development on parts of the protected Greenbelt – including the huge 2.7 sq km tract of land at Bathurst. In November 2022 Rice said he wanted to give Southlake some of his newly acquired land for a new hospital.

Ontario’s then Auditor General, Bonnie Lysyk, said the owners of the lands removed from the Greenbelt, which included the Rice lands at Bathurst, could have seen an $8.3B increase in the value of their properties.

Michael Rice declined to meet Lysyk but she didn’t pursue the matter. She thought it would make no material difference to the report she was about to publish. It was scathing and condemnatory.

Southlake still searching for a second site

Now Southlake Health is making renewed efforts to find a site for its proposed acute hospital. 

The Greenbelt scandal has been hugely damaging to Southlake, putting back by years its quest for a suitable second site. 

Rice offers 51 acres

A letter from Rice’s lawyers to Paul Calandra dated 29 November 2023 (photo right) says if the lands are returned to the Greenbelt the development:

“as currently proposed would be largely impossible”.

Rice’s pitch for his new, reworked development would include 51 acres of land for a new Southlake. The hospital did not feature in the earlier plans which Rice handed over to Steve Clark’s Chief of Staff, Ryan Amato, on 28 or 29 September 2022. There is also no mention of a Long-Term Care facility which featured in discussions at Southlake in early 2023.

21,000 people 

The proposed development – home to an estimated 21,000 people but probably closer to 30,000 - would have had a massive impact on Newmarket and also on King, a largely rural municipality. Rice was proposing 9,000 residential units consisting of a mixture of singles/semis and townhouses in a medium density development together with “affordable” apartment units and secondary units. There would be a fire station and land for three elementary schools as well as commercial and retail – all in what was the Protected Greenbelt.

Rice’s lawyer tells Calandra:

“I note that the process that was undertaken leading up to the removal of the subject lands (ie the Bathurst lands in the Protected Greenbelt) was thoroughly investigated by the Integrity Commissioner in his report dated 30 August 2023 which cleared my client of any wrongdoing. In particular, the allegations that my client was “tipped off” about the removal of the lands from the Greenbelt Plan Area in advance of their purchase was found to not have been borne out by the evidence. My client is, in short, not part of the problem and returning the lands to the Greenbelt Plan Area and revoking the “settlement Area” designation in the Oak Ridges Moraine Conservation Plan Area is not necessary or justified.”

Mistaken 

The Integrity Commissioner, David Wake, a highly respected former Associate Chief Justice of the Ontario Court of Justice, was told by King’s Mayor Pellegrini and by Rice himself that a hospital could be built in the protected greenbelt. Rice said he was going ahead because he believed he would be able to locate ancillary medical buildings and a long-term care facility alongside. 

The Integrity Commissioner – a jurist not a planner - did not challenge this view which was then - and is now - clearly mistaken.

Ford had earlier offered a humiliating apology for his Greenbelt "mistake" and Rice’s pleas went nowhere.

The Greenbelt Statute Law Amendment Act 2023:

“resets decisions made by the government at the end of 2022 by proposing to restore all of the properties that were redesignated or removed from the greenbelt.”

"Not supported by the people of Ontario"

Paul Calandra who took over the Housing and Municipal Affairs portfolio from Steve Clark defended the volte face, brazenly declaring:

“We made a public policy decision that was not supported by the people of Ontario.”

I laughed out loud.

More accurately, the voters at the last Provincial election in June 2022 were never told about Ford’s plans to open-up the Greenbelt to development.

Solemn vow

On the contrary, Steve Clark, vowed to protect the Greenbelt. In February 2021 he said this:

“I want to be clear: We will not in any way entertain any proposals that will move lands in the Greenbelt, or open the Greenbelt lands to any kind of development.”

The Integrity Commissioner recommended the Legislature reprimand Clark. Astonishingly, that hasn’t happened. The Ford Government refuses to bring the motion forward for debate and a vote. 

Ironically Steve Clark was brought back into the Government by Ford and is now the House Leader, responsible for scheduling Government business on the floor of the House.

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This morning I wander down to Newmarket Public Library to get some new information from Metrolinx on their much hyped plans for a 15 minute all-day two-way GO Train service on the Barrie Corridor. The first phase would bring the fast service to Aurora on our southern border. 

I am a big fan of GO train expansion plans. What’s the alternative? Ford’s fantasy tunnel? 

We need fast trains but we also want more details from Metrolinx. They can’t keep kicking the can down the road, promising answers tomorrow. And, in the meantime, serving up endlessly reheated announcements. (Graphic right: Newmarket GO station: the vision in 2017)

At the Metrolinx table I am joined by a little group of people pressing for answers on a variety of topics.

Questions (not difficult)

I have three straightforward questions to put to the Metrolinx staff which, unfortunately, they are unable to answer:

When will the Aurora-Toronto 15-minute service start?

When will Newmarket get the 15-minute service?

And how is it possible to get a 15-minute service to Newmarket without a grade separation at Davis Drive?

I’ve been asking these questions in one form or another for over a decade. And, astonishingly, still no answers. I am yelling into the void.

Timelines and deadlines

Metrolinx won’t commit to giving timelines or deadlines, But why not?

Are there capacity problems? Do they need more engineers? More construction workers? Are we dealing with another Eglinton Crosstown?

Or does Metrolinx need more money from the Province? If so, why is Ford giving away $3B next year to everyone in Ontario? Couldn’t that money be better spent? (Yes)

Do we need Grade Separations?

A few years ago, Metrolinx said it hoped to avoid hugely expensive grade separations by using sophisticated signalling allowing the barriers at the level crossings to stay down for relatively short periods. The trains will be electric with rapid acceleration and they will be shorter. Traffic would not back up significantly.

So, show us the math as it applies to the level crossing at Davis Drive. Metrolinx knows the trains will be shorter, faster and more frequent. So how long will the barriers stay down at Davis Drive with a 15-minute service?

Stumped for answers, the Metrolinx people say they could bring in the experts for a local Town Hall here in Newmarket. I am enthusiastic. I am standing next to Bob Kwapis, the affable councillor for Ward 5, who seems to like the idea. And now I am talking to someone from the Mayor’s Office who doesn’t rule it out but says local venues are booked up months in advance. 

Just set a date.

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Click "read more" below for Me and Metrolinx: A Ten Year Engagement

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On 24 October 2024 the long serving chair of York Regional Council, Wayne Emmerson, announced his retirement, two years early.

In an emotional farewell to members of the Regional Council he said his last day would be 29 November 2024. 

So, why is he going now?

Emmerson, clearly exhausted, sees battles ahead with the Ford Government.  And he no longer has the stamina for it. He says the Regional Council needs someone to:

“lead you through those changes for the next two years and the four years to come… these are going to be difficult for you all… so don’t dig your heels in. Work with it.”

Oh dear! That's his parting advice: Go with the flow.

Sounds like Ford has more plans up his sleeve for York Region - a big player whose population is greater than five Canadian provinces. 

Power to appoint

The Better Municipal Governance Act 2022 gives the Province powers to appoint:

"The Head of Council for Niagara, Peel and York for the term of office beginning in 2022" (see Schedule 3)

The excuse for this power grab was a municipal reorganisation that never materialised.

Emmerson was appointed for a four year term but is hanging his hat up with two years still to go. 

So will Doug Ford appoint a new Chair of York Regional Council or leave it to the Regional Council to pick one of their own?

Either way, it will be a moment of high drama in municipal politics.

Ambush

Chris Raynor, the Regional Clerk, sets out the procedure for replacing Emmerson following the next Council meeting on 28 November 2024 but others fear a Ford ambush.

Markham Regional Councillor, Joe Li, who challenged Emmerson in 2022, tells the Regional Council on 7 November 2024 there are “rumours on the street” that Doug Ford is going to step in and appoint a new Chair.

Emmerson wearily tells Li:

“We will wait till the 28th and 29th at the end of this month and see where the chips fall. But I wouldn't listen to any rumours.”

A strong self confident Regional Council with views of its own has, from time to time, caused problems for Ford and his developer friends. That’s why the Province stripped the Regional Council of its planning powers on 1 July this year.

Ford will appoint

Newmarket Mayor, John Taylor, and former Newmarket-Aurora MPP, Chris Ballard, predict Ford will appoint Emmerson's successor.

I don't know.

Ford could go for someone already on the Regional Council or, more likely, bring in a new face from outside. 

Many members of the Regional Council are non starters. Markham's Mayor, Frank Scarpitti, bizarrely wants to abolish all nine lower tier municipalities and create a new megacity. With these outlandish views no-one is betting on him. Former Provincial Liberal Leader and now Vaughan Mayor, the lacklustre Steven Del Duca, wants a full-scale municipal reorganisation with his Council taking over many services currently run by York Region. He, too, could never be a Ford pick in a million years. King's Mayor Steve Pellegrini is against Highway 413 so that rules him out. Newmarket Mayor, John Taylor, could do the job with his eyes closed. But his fellow Regional Councillors see him as dangerously progressive on some issues. He wouldn't be a Ford pick.

Who will Ford tap on the shoulder?

Who knows?

Ford is influenced by the last person he spoke to.

As we've seen over the years, he makes it up as he goes along.

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Click "Read more" on how we got here.

Details

Two long running appeals to Ontario’s Information and Privacy Commissioner (IPC) requesting Southlake Regional Health Centre disclose key records relating to their now abandoned plans for a new acute hospital at Bathurst in the Protected Greenbelt have ended their so-called “mediation” phase.  The appeals are to be transferred to an Adjudicator later this month who will decide whether to conduct an inquiry. 

In the mediation phase of an appeal the IPC tries to get all the parties to reach a settlement. But if that is not possible and the matter is not fully settled

“an Adjudicator may conduct an Inquiry to dispose of some or all of the issues in the Appeal.”

The Adjudicator has powers to order the release of records that have been withheld.

The IPC’s Code of Procedure which guides the process is here. 

Preliminary Concept Plan

Southlake has repeatedly refused to release its “Preliminary Concept Plan” and records showing the location of the proposed hospital and other buildings considered for construction on the Rice lands. Southlake is withholding records on the grounds that (a) information had been supplied by third parties which should not be made public, and (b) disclosure would adversely affect the economic and other interests of Ontario. (This catchall provision protects records where disclosure could allegedly damage an institution's economic or other interests.)

Southlake relies on sections 17 and 18 of the Freedom of Information and Protection of Privacy Act.

The records at issue include those parts of the draft and final Southlake Land Solutions Report which was released in a heavily redacted form and Southlake’s own land solutions report, again heavily redacted, which was presented to the first meeting of the Board’s Land Acquisition Sub Committee. Also in play are various drawings.

Public Interest Override

A second appeal concerns records within the category of Southlake’s “Capital Projects” file. These records include site sketches and various email chains. Again, Southlake relies on the s17 and s18 provisions of the Act to withhold records relating to third party information and the “economic and other interests of Ontario”. 

The Adjudicator is also being asked to consider applying the “public interest override” (s23 of the Act) which would set aside the s17 and s18 exemptions.

The Act says exemption from disclosure of a record under sections 17 and 18 (and other specified sections) does not apply 

“where a compelling public interest in the disclosure of the record clearly outweighs the purpose of the exemption.” 

This is manifestly the case here. We need to know the truth of what happened.

Crisis of Conscience

Two years ago, on Tuesday 1 November 2022, the developer Michael Rice offered land for a new hospital to Southlake’s then Chief Executive, Arden Krystal. Rice bought the 2.7 sq km tract of Greenbelt land in the rural Municipality of King on 15 September 2022 for $80M.

At that meeting Rice’s presentation to Arden Krystal and Southlake’s Vice President of Capital Facilities and Business Development, John Marshman, showed a plan of the Bathurst lands with the Southlake logo straddling the Rice lands and those to the south owned by land agent and former Southlake Board member, John Dunlap. This has never been explained.

On 16 November 2022 Marshman met Rice at his Markham HQ. It is inconceivable there would have been no discussion about the hospital location.

Land Acquisition Sub Committee

On 5 December 2022 Marshman chaired the first meeting of Southlake Board’s Land Acquisition Sub Committee which again placed the proposed hospital on lands owned by Rice and Dunlap. The colour coding highlighting lands owned by Rice, prominent in the first presentation on 1 November 2022, had been removed for this meeting.

Earlier, on either 28 or 29 September 2022 at the Rice Group’s HQ, Michael Rice handed over documents, maps and plans to Ryan Amato, then Chief of Staff to Housing Minister, Steve Clark. There was no mention of a hospital on the Bathurst lands.

Rice apparently had a crisis of conscience and told the Integrity Commissioner, David Wake, that he had promised to make land available for a new hospital and he was going to stick with it. Rice did not say who was given this promise.

The RCMP's criminal investigation into “allegations associated to the decision from the Province of Ontario to open parts of the Greenbelt for development” was launched on 10 October 2023. It is ongoing.

Southlake launches new site selection process

Elsewhere...  Newmarket Today (Monday 4 November) reports that Southlake is launching a new site selection process for a new acute hospital - not on the Greenbelt or Oak Ridges Moraine. (Own 40 acres of developable land? Southlake wants to hear from you)

The hospital plans to announce the new location in Spring 2025.

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See also: Timeline

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What will Dawn Gallagher Murphy MPP do with the $200 “rebate” she will be getting early next year? 

She thinks the handout is a great idea.

But I am left wondering what our Progressive Conservative MPP is going to do with this unexpected windfall.

I think she should tell us. 

Everyone gets the money

The Gallagher Murphy household will be $600 better off with Ford’s “special rebate” which will go to 15M people in Ontario at a cost of $3 Billion.

I can see her celebrating with a couple of bottles of the LCBO’s Bollinger Special Cuvée Brut Champagne.

The $3 billion giveaway will go to everyone, from the worker on minimum wage (currently $17.20 per hour) to Ontario’s army of millionaires and billionaires.

It is a sobering thought that Toronto alone has roughly 106,000 individuals with liquid investable wealth of at least US$1 million last year, putting the city 13th in the global rich list.

Borrowing to pay for handout

The Ford Government is running a deficit which means borrowing money to pay for the “special rebate.”

Dawn Gallagher Murphy’s former boss, Christine Elliott, would not have been amused. 

In opposition at Queen’s Park, she spent years scolding the Liberals for spending money they didn’t have:

“Deficit financing is anathema to Conservatives” 

because that means

“we are paying more and more in interest payments” 

Last week’s Fall Economic Statement shows the projected interest payments in coming years. (See below)

It shows the Province shelling out more in debt interest payments than it spends on, say, post-secondary education.

Debt load highest

In April 2024 the Financial Accountability Office of Ontario reported that Ontario’s net debt per capita was $19,436 in 2022, the highest among the provinces and $9,997 above the rest of Canada average:

“Ontario’s higher relative net debt results from its frequent budget deficits, which have typically been larger than the average budget deficit in the rest of Canada.”

Buying Votes

The rebate is, of course, designed to buy votes in the forthcoming Provincial election, widely expected next year.

If Ford were serious about helping people on lower incomes he could change the tax code and Provincial tax rates. 

A News Release from the Minister of Finance, Peter Bethlenfalvy, tells us:

“Providing a $200 taxpayer rebate early next year, which would give immediate relief for Ontario families in the face of high interest rates and the federal carbon tax. This proposed $200 taxpayer rebate would be sent to all eligible adults in Ontario who have filed their 2023 Income Tax and Benefit Return by December 31, 2024. Eligible families would receive an additional $200 for each child under 18.”

So we are getting the money to offset, amongst other things, the federal carbon tax.

But, whoa!

The CBC reminds us: 

“The controversial federal carbon tax is a frequent target for Ford and his ministers, who have repeatedly called for Ottawa to get rid of the levy. A 2023 analysis found a clear majority of Canadian households receive associated rebates that are larger than the carbon taxes they pay, and that scrapping the rebates would have a disproportionate negative impact on lower-income families.”

This is an inconvenient truth for Gallagher Murphy who parrots Ford's attacks on the so-called Carbon Tax at every opportunity.

Worthy cause

I suppose Gallagher Murphy could donate her $200 rebate to Southlake or some other worthy cause. And knowing her, it would have to be done in a blaze of publicity.

$200 could buy eight hours help from a personal support worker whose average wage in Ontario is around $24 per hour.

Or two bottles of Bollinger.

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