The Rural Voice, 1988-09, Page 99THIS LAND
IS MY LAND
INDUSTRIAL DEVELOPMENT AND AGRICULTURE
F
Once upon a time in Ontario, the frictions between industrial
development and farming were mostly associated with the narrow
corridor stretching along Highway 401. But today rural communities
are welcoming development, partly to boost dwindling populations.
Farm and conservation groups, on the other hand, are protesting the
dwindling of Ontario's agricultural land base. The issue may be one
of the toughest that rural communities have to face in coming years.
In Grey County this summer, an Ontario Municipal Board hearing
was held to determine whether an industrial park will be built on 300
acres of farm land near Mount Forest. That hearing will resume
October 24. In the meantime, writer Sarah Borowski examines the
background of the issue and the role of the OMB in the dispute.
arm land or factories?
The land -use controversy
has come to the precincts of
Grey -Bruce, having strayed from
Ontario's 401 corridor, and the whole
laborious process is being played out
in these counties just as it is on the
British Columbia coast, in the rolling
hills of California, and in the rain
forests of South America.
Man's urge to control his own
environment is both primal and pas-
sionate, though we no longer beat our
neighbour off with a stick and the days
of feudal land barons are theoretically
gone. Instead, elaborate and civilized
structures, both legal and political,
have been set in place to preside over
land -use disputes. It's a system so
complicated that it is difficult to assess
who, if anyone, is gaining ground.
Indeed, it is barely possible to tell the
players without a program.
In June of this year, the Ontario
Municipal Board sat to hear arguments
regarding an industrial park proposed
for a 300 -acre parcel of agricultural
land on Highway 6 north of Mount
Forest. The board sat for eight days
before adjourning until October, when
an additional 25 days of testimony and
cross examinations are expected.
In this province, the Ontario
Municipal Board (OMB) is considered
the court of "the land." Its decisions
have, on occasion, been appealed to
the provincial cabinet, but in most
cases OMB rulings stand.
Like the criminal courts, the OMB
is a part of the Attorney General's
Office. As the OMB explains itself:
The administration of justice could be
said to be divided between the judicial
arm of government (the courts) and
the executive arm of which this Board
is a branch. The courts operate under
strict rules and follow statutes and
precedents. Administrative boards,
such as this Board, administer what is
sometimes called 'discretionary
justice' having a minimum of rules
and a wide spectrum of discretion.
The chairman of the OMB hearing
in Grey -Bruce, Bedford Ball, is not a
judge, but all present at the Ayton
hearing answered the call to "Order!"
and rose when he entered the room.
Members of the board are appointed
by the Lieutenant -Governor -in -
Council and retain their posts until
mandatory retirement at age 65. They
are public servants, not civil servants.
They are accountants, engineers,
architects, and planners. Almost half
of the 32 members of the board are
lawyers.
The OMB has been evolving for
almost 100 years, since 1897 when
the Office of the Provincial Auditor
was created to oversee the keeping
of accounts by municipalities. Today
the board, in addition to receiving
thousands of tax assessment appeals
annually, deals with anything from
deciding compensation in land expro-
priation cases to hearing applications
for the operation of privately owned
railways.
The Wat-Cha hearing, called to
determine whether zoning amend-
ments may be made to redesignate
land owned by Charles Watson
(Wat-Cha Farms) from agricultural to
industrial/commercial usage, will de-
cide a dispute of land -use designation.
Watson, although he farms in Grey
County, is well-known as a developer
22 THE RURAL VOICE