If Ontario has a cradle of representative democracy, it may well be Niagara-on-the-Lake.
Best known for its historic inns, cosy pubs, fudge shops and the Shaw Festival, back in 1792 it was called Newark, the first capital of Upper Canada, until the legislative assembly governing the British colony moved to York, now Toronto.
Some 234 years later, Toronto is again taking away something from Niagara-on-the-Lake — democratic representation in the form of regional reform by Premier Doug Ford’s Progressive Conservatives.
Under Ford’s Bill 100 passed in early May, the province has new or expanded authority to hire and fire the chairs of Niagara and seven other regions, controversially granting them “strong” powers — now enjoyed only by elected mayors — and shrink the size of regional councils.
It’s part of the premier’s push to get more housing and infrastructure built by streamlining governance, but alarm bells have been ringing since the plan was announced April 2. It also impacts Peel, Halton, Durham, York, Waterloo, Muskoka, and Simcoe County.
“This is not the spirit of democracy that this country knows and that people fought to maintain,” said Niagara-on-the-Lake councillor Sandra O’Connor, noting “in the War of 1812, the people from this area repelled the forces of the United States.”
O’Connor, who opposes the slashing of Niagara Region council from 32 to 13 members, warned of a double standard and fears Ford will appoint partisan loyalists under the Better Regional Governance Act.
“This bill makes the chair an unelected member of council for eight regions in Ontario,” she added in testimony to a legislative committee studying the bill.
“The other regions can elect their chairs, thereby establishing two governance models for Ontario and making some regions more democratic than others, some more equal than others.”
These new “strong” powers for unelected chairs are similar to those for elected mayors, who can pass measures with one-third support of council on matters deemed “provincial priorities.”
As well, they give the authority to oversee budgets, hire and fire senior staff and veto bylaws.
Backers of the strong chair plan — including Vaughan Mayor Steven Del Duca, a former Ontario Liberal leader and member of York Region council — argue fears are overblown.
“Anything that helps streamline decision-making and helps municipal government move more rapidly and more effectively is something I support,” said Del Duca.
The combination of strong chair and strong mayor powers will help regions do a better job of providing more shared services to speed homebuilding and infrastructure development, such as new sewer systems, argued Niagara Falls Mayor Jim Diodati.
“What I’ve seen is that the mayors are much quicker, streamlined and aligned in making decisions. We understand that if you can’t put poop in the pipes, you’re not building any houses. Period,” said Diodati.
Municipal Affairs and Housing Minister Rob Flack has repeatedly downplayed concerns about the legislation, at one point telling critics “this is about enabling progress, not dictating it.”
Flack has likened the appointee positions to “facilitators” with other members of the board being elected officials. In the case of Niagara, for example, the elected mayors of each of the region’s 12 municipalities will make up the rest of regional council.
The plan will be put into motion in “two or three weeks” with new chairs likely appointed in concert with municipal elections across the province Oct. 26, the minister said last Thursday.
Ads are being crafted stating required qualifications for prospective chairs, who must live in the region, have served in an elected capacity at some point, show demonstrated leadership and facilitation skills, and the ability to work with groups.
No remuneration has been set.
“Hopefully we’ll get good people applying for the jobs,” Flack said, noting there is five months to get everything in place.
“People can have time to apply and be vetted. And it won’t be just me. Obviously, you’ve got to be vetted by a lot of people, like a public appointment process. It’s important, it’s critical, that we get this right, and we get the brightest and best.”
“You’re going to choose based on a skill set, but political affiliation is not one of them,” he insisted.
However, suspicions of cronyism linger after a debacle in which failed Conservative candidate Bob Gale was appointed chair of Niagara Region late last year, replacing the late Jim Bradley, a former Liberal cabinet minister.
It didn’t help that it was also revealed Gale had purchased an autographed copy of Adolf Hitler’s “Mein Kampf” for $6,345 for his personal collection of historic documents, which embarrassed the government.
Still, opposition parties predict the Tories will exploit the opportunity to reward more partisan allies with regional chair positions, or, in the case of Simcoe County, a warden.
“This is what the government has done ever since they were elected eight years ago,” said NDP Leader Marit Stiles, pointing to the Gale situation and past cronyism scandals.
They include the 2019 imbroglio when Ford parted ways with chief of staff Dean French over two questionable trade appointments, and the premier’s earlier abandoned attempt to appoint family friend and Toronto police superintendent Ron Taverner as head of the OPP.
Interim Liberal leader John Fraser charged the Tories remain addicted to patronage, pointing to the recent naming of school board supervisors.
“They’re all Conservative insiders. They don’t have any experience in education, but they’ve got the most important qualification — they worked for, gave money to, or are friendly towards the government,” he said.
Green Leader Mike Schreiner questioned the push for appointed “strong” chairs.
“Dismantling democracy is not going to get more housing built. Strong mayors have been an utter failure when it comes to getting more housing built,” Schreiner said, noting the government has continually fallen short of its housing goals.
“A lot of strong mayors are using their strong mayor powers to block housing in some places. The premier fails to take responsibility because he’s never said ‘yes’ to the two most important recommendations from his own housing task force, and that’s to legalize multiplexes and mid-rise housing,” he added.
Flack mounted a thorough defence of his bill in the legislature before it passed.
“It is important to emphasize that local democratic accountabilities remain intact. Mayors remain directly elected. Councillors remain directly elected. They continue to make the vast majority of the decisions that affect their local communities,” he said.
“The effectiveness of regional governance depends on the ability to bring together multiple perspectives and move forward in a co-ordinated way.”
Even so, there was pushback to that argument at the legislative committee from Alvin Tedjo, a Mississauga city councillor who also sits on Peel regional council and is running for mayor of Mississauga.
Tedjo, who ran for the provincial Liberal leadership in 2020 against Del Duca, emphasized the changes aren’t “a matter of process alone, but a question of fundamental democratic principle, as well as effective regional governance and representation.”
“A governance model that weakens this local accountability by taking the appointment of the chair out of council’s hands risks both undermining transparency and public trust,” he added.
“Our council is deeply familiar with the local realities and challenges facing our communities, from rapid population growth to infrastructure investments, housing supply and the need for fiscal sustainability.”
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