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432-00150 (Environment)

Paper petition

Original language of petition: English

Petition to the Government of Canada

WHEREAS - Ojibway Shores, a 33 acre parcel of land, an ecological treasure hosting rare flora, fauna and countless species-at-risk and is owned by the federal government and overseen by the Windsor Port Authority.

WHEREAS - The Port Authority wants $12 Million from the Community Benefit Fund meant to offset border impacts in neighbourhoods like Sandwich Towne in exchange for a 30 year lease of Ojibway Shores.

WHEREAS - The Community Benefit Fund should be used for the betterment of the community, including mitigation of construction impacts, community services for homelessness, jobs and training, education and health services, and long-term aesthetic maintenance of the area.

WHEREAS - The Federal Government owns the property and can execute a transfer from the Port Authority to Environment Canada whose mandate to conserve Canada's natural heritage and is resourced to protect, preserve, and conduct appropriate research activity on environmentally crucial land.

THEREFORE, we the undersigned call on the Transport Minister to immediately transfer Ojibway Shores to Environment Canada for its long-term protection.

Response by the Minister of Transport

Signed by (Minister or Parliamentary Secretary): The Honourable Marc Garneau

The Government of Canada is committed to ensuring that Canada’s transportation system is safe, secure, efficient and environmentally responsible. As the accountable ministry, Transport Canada supports the important principle of sustainable management in the operation and development of Canada’s transportation system and takes very seriously the concerns and suggestions raised in respect of the environmental status and future of the Ojibway Shores lands.

Within Canada’s marine system, the Windsor Port Authority (WPA) is one of 17 Canada Port Authorities (CPA) created to manage those ports deemed vital to Canada's domestic and international trade on a commercial basis and in a non-profit, self-sufficient manner. CPAs function at arm's length from the Crown. They are governed by boards of directors and operate under the parameters of the Canada Marine Act (CMA) and their respective letters patent.

The CMA grants the legal and administrative autonomy for the WPA to determine its own courses of action, taking into consideration economic, social and environmental factors, as well as the viewpoints and priorities of the Port’s users, stakeholders and communities. Under this framework, the WPA has the responsibility and the legal authority to carry out day-to-day operations and is entirely and solely responsible for managing Port lands, including Ojibway Shores.

Ojibway Shores represents more than 25% of the overall property portfolio identified in the WPA’s letters patent. It is both the largest individual parcel of land managed by the WPA and the only remaining unoccupied Port lands under the WPA’s management. In recent public statements, the WPA expressed support for the concept of preserving the environmentally sensitive lands, and committed that any industrial development of Ojibway Shores would be placed on hold. In keeping with those statements, the WPA continues to retain Ojibway Shores in a vacant, undeveloped and fully natural state.

In regards to the future of this property holding, the WPA outlined that it would give due consideration to any reasonable land exchange proposal that could help achieve the preservation objectives for Ojibway Shores, while ensuring a return of lands to support present and future development at the Port.

To this end, the WPA and the City of Windsor are working together in the exploration of options aimed at reaching a mutually beneficial exchange of properties involving Ojibway Shores. Both parties are aware that, in accordance with applicable legal and administrative requirements, any prospective land exchange transaction must involve properties of comparable fair market value, as will be vetted by Public Services and Procurement Canada. A balanced land exchange of this nature would both permit the long-term management and preservation of Ojibway Shores by the City and support the WPA in its objectives of increasing economic development and trade to the benefit of the Windsor-Essex region, Ontario and Canada.

Transport Canada respects the autonomy granted by Parliament to the WPA and all CPAs. As such, Transport Canada does not consider it appropriate to interfere or intercede in this matter, or to propose or pursue other courses of action such as transferring the stewardship of Ojibway Shores to Environment Canada. The department recognizes the autonomy of the WPA to carry out and conclude negotiations and acknowledges recent WPA decisions and actions as demonstrating consideration for the views of its local community and key stakeholders. 

The Minister of Transport encourages all parties to continue the ongoing dialogue and anticipates the submission of a property exchange proposal that may be considered for final approval following standard Transport Canada due diligence.

Presented to the House of Commons
Brian Masse (Windsor West)
October 23, 2020 (Petition No. 432-00150)
Government response tabled
December 7, 2020
Photo - Brian Masse
Windsor West
New Democratic Party Caucus
Ontario

Only validated signatures are counted towards the total number of signatures.