Ontario pitches regulation to speed up construction on Hamilton’s phantom LRT project
Ontario wants to use a new law to speed up construction on a resurrected Hamilton LRT that does not yet have guaranteed funding.
Or a confirmed route. Or even updated city council approval.
The Progressive Conservative government announced in February it is willing to pay $1 billion to build a shorter version of the light rail transit line it controversially cancelled 14 months ago - but only if the federal Liberals cover the rest of the estimated $2.5-billion tab.
To that end, the province is submitting LRT as a priority project" for federal funding. But it is also proposing to use that priority" designation to speed up eventual construction under a new law, the Building Transit Faster Act.
The law, which currently only applies to large transit projects in Toronto, provides new regulatory tools designed to get shovels in the ground faster," said Mike Fenn, a senior issues adviser for the Ministry of Transportation.
The proposed new regulation could, for example, enable fast-tracked land expropriations and force Hamilton property owners to seek special provincial permits for development or construction within 30 metres of the proposed LRT line.
It's not clear exactly how or if the regulation would affect Hamilton's own planning decisions or development approvals for the busy Main-King corridor.
The original planned LRT stretched from McMaster University on Main Street West, along King Street and all the way to Eastgate Square. The province is studying whether a shorter LRT route is feasible and more affordable.
City bureaucrats declined interview requests about the regulation, citing an ongoing analysis of provincial LRT plans and a desire to report information to councillors first.
Coun. Lloyd Ferguson said it's frustrating to be left in the dark" on government negotiations over LRT.
The Spectator recently reported on talks between the province and federal government over possible funding for a multibillion-dollar LRT resurrection, as well as a private-sector financing offer from construction union LIUNA.
They haven't told us squat in three months," said Ferguson, who along with Coun. Chad Collins recently authored a motion calling on Metrolinx to attend council to answer questions about opaque plans for LRT 2.0.
Support for a resurrected LRT on council is split, but Ferguson argued councillors deserve the chance to debate whatever new plan is in the works regardless.
Anyone can comment on the proposed new regulation until April 23.
But Fenn said a decision to finalize the regulation does not require municipal council agreement" - or even a funding commitment from the federal government.
The proposed regulation also states the Building Transit Faster Act aims for streamlined" LRT land assembly.
The new act represents a potentially scary situation" for any Hamilton landowners who remain in the way of a possible LRT line, said lawyer Shane Rayman, an expropriation expert who represented several clients along the original light rail route.
For example, transit projects designated under the act are not subject to hearings of necessity," an otherwise required opportunity for landowners to challenge the need for a planned expropriation.
The act also gives Metrolinx broad rights of access" that could allow testing or even cutting down trees on land that has not yet been purchased, he said.
Metrolinx had already bought 60 properties before the original planned 14-kilometre LRT was cancelled. Another 30 full properties would have been needed for the original route.
Matthew Van Dongen is a Hamilton-based reporter covering transportation for The Spectator. Reach him via email: mvandongen@thespec.com