Unusual Ontario Place redevelopment bidding process leads to fresh questions

The NDP is asking fresh questions about the Ford government’s redevelopment of Ontario Place, particularly its plan to build a waterfront spa, after unearthing a new document laying out an unusual bidding process.

Using freedom of information laws, the Ontario NDP obtained a government form for companies that were interested in the Ontario Place redevelopment project in 2019.

According to the form, companies that wanted to build at Ontario Place would be subject to strict and rare conditions. Interested parties had to sign a non-disclosure agreement promising not to promote their ideas for Ontario Place and agree that it is “not a legally binding procurement process.”

The form, seen by Global News, also suggested that the Ford government would retain total control. The government could select a winner, even if they had not submitted a bid, or if they had failed to meet its criteria.

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Part of the form read: “The province may select a party which did not submit a response to this Process to Seek Development Concepts or whose response did not meet the requirements.”

Those who signed up also gave up ownership of their ideas, the terms said.

“The Province shall become the owner of all programming, concepts and ideas contained within such response and/or Submission,” part of the document read.

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A spokesperson for the Ministry of Infrastructure, which is leading the Ontario Place project, said that Therme and Live Nation, the two companies building on the waterfront site, both entered their bids through the process.

The spokesperson said the two companies exceeded the criteria required and did not disclose any conflicts of interest.

“The government launched a Call for Development process in 2019, which was designed to be a fair, transparent and open process, providing as much flexibility as possible for interested parties to propose unique – yet financially viable and sustainable – concepts for development,” the Ministry of Infrastructure said in a statement.

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“Submissions were assessed on four primary areas of consideration: alignment with the government’s vision, viability of the proposed concept, qualification and experience of the team and benefits to the province.”

Ontario NDP Leader Marit Stiles said the process raised red flags for her.

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“I think this is part of a pattern with this government we’ve seen over and over again. You look at Ontario Place here, the science centre, the Greenbelt — this is a government that sets up a process and rules to benefit a few,” she told Global News.

“They’re putting in place a process that is clearly designed to ensure one particular outcome… this is a very expensive project that frankly nobody asked for. A private, luxury spa in downtown Toronto in a space that lots of people love very dearly.”

Ontario Premier Doug Ford holds a news conference at Ontario Place, in Toronto, Tuesday, April 18, 2023. THE CANADIAN PRESS/Chris Young

The government is in the midst of redeveloping Ontario Place, located on Toronto’s waterfront.

Current construction on the site will usher in a European-run waterfront spa and a dramatically revamped live music venue. Ontario is also moving the science centre from its current home at Don Mills Road and Eglinton Avenue to a new Ontario Place site.

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The province has faced criticism for elements of its Ontario Place redevelopment, particularly a 95-year lease that was signed with Austrian spa giant Therme. The lease, Ontario’s auditor general revealed, requires the government to build a parking garage close to the privately run spa or face a “financial penalty.”

Norm Di Pasquale, the co-chair of Ontario Place for All recently nominated to run federally for the NDP, said his concern has always been transparency. The unique procurement process for the original Ontario Place bids, along with questions about the lease signed with Therme, add to those concerns.

“The whole thing is extremely opaque,” he said. “You have no idea who the bidders are, they’ve all signed to NDAs, they weren’t allowed to publicly promote their offerings. We were denied a public consultation and even the bidders were denied giving us any form of public consultation. This really was almost a government making a decision for us without asking us what we want for Ontario Place.”

The full list of companies that bid to redevelop Ontario Place remains a closely-guarded secret.

Information obtained by Global News during an ongoing freedom of information appeal process over the 2019 Ontario Place Call for Development Assessment Report revealed some, but not all, of the bidders.

Other companies from Therme that bid included Cirque du Soleil, Strom Nordic Spa, Badenhaüs Spa and two other projects titled OP Adventure Park and The McLuhanesque Experience.

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Infrastructure Ontario agreed earlier in 2024 to release a list of seven of the 34 bidders for Ontario Place to Global News without explaining why the seven were selected and the rest of the report was withheld.

The Ministry of Infrastructure said it did not use ideas that were submitted through the process but not ultimately selected. The spokesperson said non-disclosure agreements are standard practice.

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