Hamilton

Ontario ethics watchdog finds deals of 'deception' in removal of Hamilton, other lands from Greenbelt

New details have emerged about how Premier Doug Ford’s government selected several sites in the Hamilton area to be removed from the Greenbelt, following an investigation by the province's integrity commissioner.

Findings from the integrity commissioner's investigation were released Wednesday

farmland and for sale sign
Developers have been buying up land in the Book Road area. This property on Garner Road was for sale last November. (Patrick Morrell/CBC)

New details have emerged about how Premier Doug Ford's government selected several sites in Hamilton to be removed from the Greenbelt, following an investigation by Ontario's ethics watchdog. 

The 165-page report, released Wednesday by Integrity Commissioner J. David Wake, also recommended Housing Minister Steve Clark be reprimanded for his role in the province's contentious Greenbelt land swap and described it as a "rushed and flawed process" with a "lack of oversight."

It's the latest critique of the Ford government on the matter, after the province's auditor general released a scathing report earlier this month that showed how a small group of developers influenced the decision to open up the Greenbelt. 

In the aftermath, the housing minister's chief of staff Ryan Amato resigned and the RCMP announced it is investigating the matter. 

Wake found Amato took the lead in choosing 15 sites to remove from the Greenbelt, including five sites in the Hamilton area.

The report describes Amato receiving packages and pitches from multiple developers who own land in three of the local sites, including Tacc Developments' Silvio De Gasperis, UrbanCore Developments' Sergio Manchia and Penta Properties' Paul Paletta. (Penta is now called Alinea Group Holdings Inc.)

Those developers did not respond to requests for comment.

"The evidence paints a picture of a process marked by misinterpretation, unnecessary hastiness and deception," Wake wrote in his report.

"It shows that Mr. Amato … embarked on a chaotic and almost reckless process that I find led to an uninformed and opaque decision which resulted in the creation of an opportunity to further the private interests of some developers improperly." 

In a statement to CBC News, Housing Minister Steve Clark said "there were clear flaws in the process that led to today's report. I am fully committed to fulfilling our government's promise to build at least 1.5 million homes and will ensure the process is done with integrity and trust."

Hamilton NDP MPP Sandy Shaw told CBC Hamilton she believes the process was never about building housing, but rather enriching developers. 

"We need to call this what it is, which is collusion and corruption," she said. 

Barton Street land: 1st site brought to Amato's attention

Manchia, with UrbanCore Developments, has for 20 years persistently pushed for the Barton Street land — also referred to as Fifty Road land, in Stoney Creek — to be removed from the Greenbelt, according to the commissioner's report.

As housing ministry staffer Kristin Jensen told the integrity commissioner, Manchia "would just pick off every single chief of staff that worked literally for the minister at any point to make sure they were aware of his issue."

A map.
Parts of the Greenbelt in the Hamilton area that lost protections. (Neil Joyes/CBC)

Last year was no exception. 

Amato told the integrity commissioner Manchia's land was the first site brought to his attention. In July of 2022, Manchia had a phone call with Amato, followed by several others throughout the fall about removing the land.

The integrity commissioner found Manchia and his representative Matt Johnston crossed paths with the premier on multiple occasions in 2022. Johnston attended Ford's daughter's stag and doe. Manchia said he'd met Ford in person or spoke with him "maybe two or three times," including at large PC Party events.

In a text message on Aug. 1, 2022, Amato wrote to Jensen, "The premier needs to stop calling this guy," referring to Manchia. 

Amato later told the integrity commissioner he didn't know if there were phone calls between them or why he sent the text. Manchia and Ford also couldn't recall if they'd spoken on the phone.

"Premier Ford advised he 'meets literally thousands of people' and it's impossible to keep track of them all," the report said.

Mount Hope land: Developer owns small portion of site

The province has listed Penta Properties, owned by Paletta, as the future developer of the Mount Hope site near Hamilton's airport.

However, Penta owns less than a fifth of the Mount Hope land that's being removed from the Greenbelt, the integrity commissioner found. And that land isn't next to any urban area, but rather surrounded by farmland. 

Integrity commissioner called it "extraordinary" that Penta would apply for so much land to be removed, noting they'd done so without consulting other landowners.

"They did it to avoid having their land rejected as amounting to no more than a hole in the doughnut," Wake said. "The majority of the owners seem content to continue farming their lands or staying in their homes rather than being part of developing the parcel." 

aerial view of house and farmland
The property 411 Book Rd. W., Hamilton was listed for $2.9 million when it was still part of the Greenbelt. (Michael St. Jean Realty Inc. Brokerage)

Penta hired lobbyist Nico Fidani-Diker, the premier's former executive assistant, to work on getting various kinds of approvals for different properties they own across the GTA. He spoke to Amato three times last fall about Penta's desire to remove the Mount Hope land from the Greenbelt.

On Oct. 7, Amato called Fidani-Diker to ask for more information about the property, Fidani-Diker told the integrity commissioner. 

"I was a little taken aback," Fidani-Diker said. "I said … 'Is there actually a chance of this happening?'" 

According to Fidani-Diker, Amato reportedly said, "There is some consideration being made." 

Amato denied he said this, telling the integrity commissioner, "I would not have tipped my hand and I would not have leaked confidential information to a lobbyist or stakeholder."

Book Road land: Developers made moves weeks before Greenbelt removal

Jeff Eisenberger of Fieldgate Homes has been buying properties in the Book Road area since 2016, according to the report. In recent years, Silvio De Gasperis's Tacc Development has come on as part owner, the integrity commissioner found. 

In the fall of 2022, De Gasperis and his daughter Alana De Gasperis were pushing Amato to remove multiple sites, in other parts of Ontario where they own land, from the Greenbelt. They gave him a package at a developers' event and sent him materials following several other meetings.

De Gasperis informed Eisenberger, who requested the Book Road lands be pitched as well, the report said.

Around this time the developers closed on the sale of a large property on Book Road.

The integrity commissioner also found they initiated buying two other properties on Book Road on Oct. 19 and Nov. 2, 2022, before the province's announcement. Property records show Eisenberger completed the purchase of two properties there earlier this year. 

Eisenberger told the integrity commissioner he "generally recalls" connecting De Gasperis with his planning consultant about Book Road and did not hear anything more until the province announced it would be removing the land from the Greenbelt.

ABOUT THE AUTHOR

Samantha Beattie is a reporter for CBC Hamilton. She has also worked for CBC Toronto and as a Senior Reporter at HuffPost Canada. Before that, she dived into local politics as a Toronto Star reporter covering city hall.

With files from Adam Carter and Cara Nickerson