Globe running:
Ottawa and Toronto stand by Waterfront Toronto board
JOSH O’KANETECHNOLOGY REPORTER
https://www.theglobeandmail.com/can...o-stand-by-waterfront-toronto-board/#comments
Here's the real problem, and it's outside of the Board:
The Quayside project is contingent on a board vote over a not-yet-completed “master innovation and development plan” late next year. If it passes, many parts of it will need approvals from all three levels of government.
This will be discussed more in the press and I'm sure in these fora, and beside some very opposed views of the City to the Feds (esp on Sidewalk and City Planning) the bottom line will remain Prov funding for the continued Port Lands Project, most specifically the Don Mouth Remediation.
Haven't had time to delve into the Act as linked a few posts back, but have done a cursory check for Fed jurisdiction over the Don. Can't find any under the Navigation Protection Act (the Humber is named in the Act) but the Port of Toronto is named, and here's a recent reference to their being first and foremost under Fed jurisdiction:
Toronto (July 16, 2018)
[...]
In April of this year PortsToronto committed to removing the rubble associated with the dilapidated pier and began work on a design to support the removal in consultation with various agencies and groups including Transport Canada (Navigation Protection Act and Port Authorities Operations Regulations), the Department of Fisheries and Oceans Canada, the Ontario Ministry of Natural Resources and Forestry, the Toronto and Region Conservation Authority and the City of Toronto. PortsToronto also consulted with the Mississaugas of the New Credit First Nation, as part of its outreach with agencies. The design was submitted to Transport Canada and notification was provided that final approval to remove the pier will be issued under the Navigation Protection Act the week of July 16, 2018. PortsToronto is awaiting approval from other agencies and expect to receive these approvals in the coming weeks.
PortsToronto does not own the East Gap Pier, which was built by Public Works (federal government) in the 1890s, but is undertaking the project to ensure a safe and navigable harbour. The entire pier is approximately 165m in length. The intent of the first phase of this project is to remove the most northerly 123m, as the remaining 40 must remain intact so as not to destabilize the north shore of Ward’s Island.
[...]
https://www.portstoronto.com/portst...to-issues-tender-to-remove-east-gap-pier.aspx
If matters as per the Waterfront and Port can remain 'stable' and 'on course' under the changes to the Waterfront Board, then a 'work-around' won't be necessary. With my earlier cursory glance of the 'Waterfront Act' (exact name eludes me at this time) seemed to offer mechanisms for the City to grant ownership of properties 'up the chain' (ostensibly for the 'good of the cause'). This might even meet the Federal legal term "For the Good of Canada". This *might* allow a 'white knight' arrangement for the City and Feds to circumvent the Province on some matters. The preferable course would remain for the Feds to lay jurisdictional claim to the whole Don remedial process as it pertains to the mouth and matters of navigation.
I suspect the Province will attempt to withhold committed funds for the project, and the federal Liberals see this as a golden opportunity to subvert the Province by their doing so.
Cap and Trade might just be floating down the Don River...
Addendum: This is 'reaching' in terms of jurisdiction under the new and present 'Navigation Protection Act', which in itself is still controversial and open for further revision (thanks to that great steward of the environment, Stephen Harper, choke) and the Don along with many other waterways (like the Speed in Guelph) was removed even though covered under the prior Navigable Waters Protection Act, and here's a reference under the 'old Act' (still pertinent in some legal cases) for the Don River:
Responsible or Regulated Authorities
Transport Canada
Reasons for a Federal Assessment
On May 21, 2004, it was determined that an environmental assessment was required in relation to the project because Transport Canada considered taking action in relation to paragraph 5(1)(a) of the Navigable Waters Protection Act.
Project Description (as posted in the Notice of Commencement)
Although Fisheries and Oceans Canada was delegated the responsibility to conduct this EA, the Minister of Transport is now responsible for the Navigable Waters Protection Act (NWPA) pursuant to Order in Council 2004-0322 dated March 29, 2004.
THE WORKS INVOLVE THE REMOVAL AND REPLACEMENT OF THE EXISTING BRIDGE DECK, SIDEWALKS, APPROACH SLABS, THE EXISTING ASPHALT SURFACE, ASSOCIATED WATERPROOFING, THE EXISTING DECK DRAINS, AND THE EXISTING LIGHTING POLES. THE WORK ALSO INVOLVES PATCH REPAIRS AT THE PIERS AND ABUTMENTS, INCLUDING PIER CAPS, THE RELOCATION OF EXISTING TORONTO HYDRO PLANT AND THE REMOVAL OF EXISTING MAINTENANCE HOLES. The Navigable Waters Protection scope of the project is defined as the construction and maintenance of the Leaside Bridge crossing over the Don River, along with any related works, accesses, storage areas or other undertakings directly associated with this project.
Final Decision
The environmental assessment was terminated on June 1, 2004 because a decision had been made to not exercise any power or perform any duty or function referred to in section 5 of the Canadian Environmental Assessment Act in relation to the project.
[...]
https://www.ceaa-acee.gc.ca/052/details-eng.cfm?pid=3192
In itself, this case means little. In terms of lingering jurisdiction, however, it could mean a lot.
Here's something bright and cheery to consider: Ford is swimming into a whirlpool, and the more he thrashes, as he's so apt to doing, the faster he'll sink.
It will cost the Feds to go around QP. But it may pay off in spades...literally. The Feds would have to focus on the Don Mouth Remediation though, and that's fine by me. Necessity dictates that. The circus is for others.