Meaford council has approved a motion brought forward by Deputy Mayor Shirley Keaveney that directs staff to develop a bylaw aimed at establishing a framework for handling land use proposals that are not subject to provincial planning and approval processes, as is the case with TC Energy’s pumped storage proposal. While proposed to be located within the Municipality of Meaford, it is in fact to be located on federally controlled land that is not subject to provincial planning approval processes.
The motion had originally been brought before council during their February 24 meeting. However some councillors had questions about the motion, which was cause for a deferral to the March 10 meeting in order that council could consult with municipal solicitors regarding the language contained in the motion.
“Are we using here the TCE proposal and promises thus far as somewhat of a guideline for future proposals? Is that the intention?” asked Councillor Harley Greenfield, when the motion was first introduced on February 24.
The Deputy Mayor explained that the requested bylaw would establish a policy for addressing unconventional development proposals that are not subject to provincial planning processes.
“This would be a policy of a general nature that would apply to major proposals, but yes, the major proposal we have before us is the TC Energy Ontario Pumped Storage project, so much of what we are talking about here would pertain to that project. I really see all of this in more simple terms. It is requesting staff to create a bylaw that outlines the process to go forward from where we are right now,” said Keaveney.
Councillor Tony Bell expressed concern about the origin of the motion as well as some of the language contained within it.
“Madam Deputy Mayor, I have always looked at my fellow councillors in the eye when I have something to say, it’s straight up when I need to engage with you,” Bell told council on February 24. “I believe that this is one of the most serious things that has ever come before this council, because of the wording that is used inside this.”
Councillor Bell wanted to know the origin of the motion presented to council by the Deputy Mayor.
“And I ask that very seriously, because every one of us on this sitting council are engaged with the ongoing proposal by TC Energy for the pumped storage (project). And there is wording in here (in the motion) particularly your last three paragraphs. You start off Madam Deputy Mayor, and you give us a good history of where things have come from, some historical background. Please answer my first question, where did this come from, that you would bring this forward?”
The last three paragraphs of the Deputy Mayor’s motion referenced by Councillor Bell read as follows:
Whereas the Municipality seeks to ensure that it has a proper framework of general application to apply to major proposals that, in whole or part, are not subject to Ontario’s land use planning and approval processes; and
Whereas the Municipality seeks to ensure that this new framework for major proposals will provide it with authority to identify, study, consult with its residents, and assess community impacts and benefits, and develop possible agreement and/or conditions related to possible council support.
Therefore, be it resolved that Council of the Municipality of Meaford hereby direct staff to develop a by-law of general application to major proposals in order to engage its residents, properly study the proposal’s community impacts and benefits, and address these impacts and benefits by agreement, conditions of support, or their combination.
The Deputy Mayor told Bell that the motion came from discussions that she said all members of council have had with TC Energy representatives, with an understanding that a community benefit agreement is the next stage of discussion “now that approval has been given by the province, and funding has been allotted by the province to go forward with impact assessments.”
“So that being said, yes, it was felt that there is a need to have this bylaw in place to begin those conversations,” Keaveney told council. “Did I write the bylaw? No, I did not. The bylaw was written for us in the same way that the bylaw that I brought forward in 2023, on February 27, there was legal assistance provided, as there has been with this one, because you’re right, this is serious, this is critically important, and we need to be sure that everything said is absolutely correct. So yes, there has been legal assistance with the creation of this motion.”
Bell questioned some of the language included in the motion, specifically references to the land in question being “within the Municipality of Meaford”.
“I would like to amend that by saying that this is on federal lands,” Bell suggested.
Interim CAO and municipal Treasurer Valerie Manning responded that while the land is federally controlled, it is within the Municipality of Meaford.
Bell suggested that the motion as presented is asking the municipality to “punch way above its weight”.
As a result of the concerns expressed by councillors, Deputy Mayor Keaveney suggested that council defer the motion until municipal solicitors could explain to council the motion and proposed bylaw.
When the bylaw was brought back before council on March 10, Deputy Mayor Keaveney explained the intent of the bylaw.
“In plain language, as identified by the province, the Municipality of Meaford is the host community for the Ontario Pumped Storage project. This council, as we know, was in a current position of conditional support for the project,” Keaveney told council on March 10. “It is my personal goal to reach a position of full support once an approved community benefit agreement is in place. The purpose of this motion is to provide direction to staff to prepare a bylaw to put us in a proper position to address community benefits. The intent of the bylaw is to define the process in regards to two things. Firstly, how we will structure public engagements that all interested residents will be able to participate in the community benefits agreement process, and secondly, how the Municipality of Meaford will gather and assess information coming from the impact assessment reports regarding positive and negative economic impacts from this project in our community so that we can make the best decision on any future agreements with TC Energy. So that’s really what it’s all about.”
Given that the proposed bylaw could be used for any development proposal falling outside of provincial planning processes, and not just ‘major’ proposals, council debated and ultimately agreed to remove the word ‘major’ from the motion as it was deemed too broad for a bylaw that could apply to any size proposal. Staff noted that while not common, proposals that fall outside of provincial processes do happen, and the example of communication towers was provided to council during their discussion.
As he did on February 24, Councillor Bell again reiterated his desire to see a specific mention in the motion of the fact that while the land on which the TC Energy pumped storage project is proposed is within the Municipality of Meaford, it is in fact on federally controlled land. Bell could not find a seconder for his amendment.
Ultimately, council approved the amended motion with a 6-1 vote, with only Councillor Bell voting against.
