9. Fast-tracked development, including in Ontario’s Greenbelt
As the first wave of COVID-19 took hold in Ontario, the Ford government dramatically ramped up its use of a special land zoning power called an MZO, or minister’s zoning order. The directives allow the ministry of municipal affairs, now headed by Steve Clark, to decide how a piece of land can be used, overriding the local planning process and any existing zoning to clear the way for a project to go ahead. The orders cannot be appealed. Up until 2018, governments tended to use them for emergency situations: in 2012, when the Liberal government headed by Dalton McGuinty used an MZO to relocate a grocery store in Elliot Lake, Ont. when the town’s only one was destroyed by the collapse of a mall roof.
Ford’s government used five in 2019 — which Clark followed up by issuing 32 of the orders in 2020, more than twice the number the previous Liberal government issued over its 15 years in power. He’s issued 19 so far in 2021. The PC government has also twice strengthened its minister’s zoning order powers through legislation. The province has said it only uses MZOs on provincially-owned land, or at the request of municipalities.
In a statement, Zoe Knowles, spokesperson for the Ontario minister of municipal affairs and housing, said MZOs “are an important part of our government’s policy toolkit to help critical local projects located outside of the Greenbelt move at the pace Ontarians need and deserve.”
“It’s important to remember that an MZO kick-starts the zoning process by ensuring red tape does not get in the way of much-needed local projects,” Knowles wrote, adding that municipalities have final say on development plan approvals, permits and more. (While this is true, any
amendments to Greenbelt designations must be approved by the province.) “It is our expectation that municipalities do their due diligence and to conduct proper consultation in their communities, including with conservation authorities and other impacted stakeholders.”
Knowles also said the government has pledged not to issue MZOs for developments on the Greenbelt, but in fact, Clark did approve an MZO for provincially-owned Greenbelt land in Aurora, Ont., which allowed for more intense development. The government has also committed to add two acres to the protected zone for every acre provincewide that is developed through an MZO, Knowles said.
In many cases, the government has used these orders to override environmental concerns: 14 times from 2019 to 2020, an
analysis by National Observer found. That included a case where an MZO allowed developers to pave over a protected wetland to build a Walmart warehouse in Vaughan, Ont. In several other cases, the orders have opened up farmland for development — a trend critics say is concerning because it contributes to urban sprawl, often eliminating green space that acts as a carbon sink or lessening Ontario’s ability to grow food locally.