Windsor councillors worry new Ontario legislation will limit their ability to make decisions
Chris Ensing | CBC News | Posted: November 27, 2024 9:00 AM | Last Updated: November 27
Council deferred discussion about effects of new legislation to January hours before it became law
Ontario has passed a new law that some Windsor councillors worry removes decision-making authority from the local government.
Bill 212, a controversial piece of legislation that gives Ontario the authority in certain circumstances to override street redesigns that replace traffic lanes with bike lanes, became a law Monday afternoon.
A push to oppose the bill launched by Coun. Kieran McKenzie earlier that day failed because most of council had not read the legislation and city administration couldn't say what type of impact the law would have in Windsor.
McKenzie first told council he wanted to debate the bill at the next council meeting on Oct. 28.
There was a pitch to get administration to give council a report on the effects of the law, but council voted to defer McKenzie's motion until the first council meeting of 2025 instead.
That decision was made after Mayor Drew Dilkens shared his unopposed belief that most of council had not read the bill.
"Looks like the majority of council hasn't. You're being asked to make a decision about what you've read in the newspaper," said Dilkens during Monday's council meeting, adding that he hasn't read the bill either.
The city's engineer said they haven't had any conversations with the province or political representatives about Bill 212 but did speak with other municipalities.
Staff have previously told CBC News that they believe currently approved projects like the redesign of University Avenue West will not be affected.
A question of autonomy for some
"I'm talking about transportation but more fundamentally, this is about municipal autonomy," said McKenzie, when he asked council to consider opposing the legislation.
"We don't require the oversight of the province in terms of any of the aspects that we already have autonomy in terms of how we construct the city."
In addition to new provincial controls over municipal bike lanes, the bill also allows construction of Highway 413 to begin before Indigenous consultation or environmental assessment is complete.
WATCH | Here's what the new law will allow Ontario to do
Ontario will also begin removing bike lanes in Toronto under the new law, with Ontario's Transportation Minister Prabmeet Sarkaria saying this will "bring a common-sense approach to installing bike lanes on city streets to ensure they don't impede the flow of traffic.
Coun. Jo-Anne Gignac said that council needs to be vigilant and vocal if decisions made by upper levels of government change the city's authority and noted a trend of Ontario passing legislation spurred by Toronto problems.
"We have traditionally had these decisions made in municipalities based on what's best for this municipality, not for what's happening in Toronto," she told council.
She said legislative changes have reshaped the role of local government.
"Everything that we are seeing from policing to municipal decisions on infrastructure and building is being impacted to the point where sometimes as a municipal councillor you're wondering: what are we doing here?"
Gignac pitched council on asking staff to return a full report about the bill for council to consider to see "if there's other components that are contained in it that we need to start yelling about it."
But Coun. Renaldo Agostino instead introduced a motion to defer McKenzie's motion until the first meeting of council in January, which was supported by council.
Report will come back in January
Coun. Fred Francis supported McKenzie's push to oppose the province's bill on Monday.
"I need to ensure that the toolbox we have, the autonomy that we have to essentially make the best decisions for our city, for the residents we represent directly, are there," said Francis.
"Any time something is signaled that municipal autonomy is being taken away from cities, we should speak up from the onset and loudly."
Coun. Mark McKenzie said he read some of the bill, but not all of it, and wanted a thorough report from staff for council.
Coun. Kieran McKenzie said he believes the law amounts to an "added layer of red-tape and bureaucracy" that could cost the city money.
Dilkens said that's an inference he did not believe was correct, and asked council if they supported Agostino's motion to defer.
"I mean, they're not going to pass the legislation before the first meeting of January," said Dilkens.
Hours later, the Ontario government passed the bill through third reading and it was given royal assent, making it law.