FULL DATA CENTRE MORATORIUM IN HAMILTON TOOLKIT: NO EXCEPTIONS, NO LOOPHOLES

Toolkit to Participate in July 15 City Council Meeting |

Data Centre Moratorium - Interim Control By-Law

This document contains the following (click links to skip to each section):

Context        2

What is happening?        2

What is the Interim Control By-law?        2

Why is this meeting important?        2

How to Take Action:        4

WRITTEN SUBMISSIONS        4

CALL YOUR COUNCILLOR        5

POSTER AND FLYER YOUR NEIGHBOURHOOD        5

Talking Points        6

Draft Email        7

Resources on the impact of hyperscaler data centres        8

Context

What is happening?

On July 15th at 9:30 am, Hamilton city council will vote on the “Interim Control By-law” that would trigger a temporary moratorium on data centre development in the city. The by-law is part of the "Municipal Framework Regarding the Development of Data Centres in Hamilton" motion that was passed by council on June 24th with a 14-1 vote.

Our public pressure helped it pass at the Planning Committee and then at City Council – but the moratorium isn’t law yet. Now, it's the final push to get it over the finish line! Let’s make sure our councillors know Hamilton residents are demanding a full moratorium.

What is the Interim Control By-law?

The interim control bylaw would halt all data centre development and last up to one year, with a possible extension to two years, until all studies are complete and new codes are created, with amendments to Hamilton's Official Plan.

A moratorium would allow city staff to research all planning and zoning code-specific criteria in place or required for the development of data centres and to identify any dedicated standards that exist and/or need to be considered governing energy or water usage and public benefit. Importantly, it would give the people of Hamilton a chance to organize, have our voices heard, and help shape a municipal framework.

The details of the by-law have yet to be released; they are most likely going to be released the Friday or Monday before city council. We know, not that much time! But that doesn’t mean we can’t ask for what Hamilton deserves: a FULL moratorium, with no loopholes, carve-outs, or exceptions. **When the Interim Control By-Law is released, we will update the toolkit with any specific details!** 

Why is this meeting important?

One key concern is that an amendment could be put forth to add loopholes to the moratorium, allowing for some data centres to be excluded from the temporary ban on development. Ward 9 Councillor Brad Clark already tried this at city council on June 24th when he put forth an amendment for the S2E Technologies data centre on Frid Street to be exempt from the Municipal Framework. It was voted down 13-2. It is possible another amendment like this will be proposed again.  We want to demand a FULL moratorium, NO loopholes.

Another reason this is important is that all of so-called Canada is watching. Communities across the country are fighting the same fight – trying to shut down data centres popping up in their neighbourhoods and fighting for moratoriums. On June 27th, thousands and thousands of people across the country rallied to say NO to AI data centres. Momentum is building, and a win for Hamilton would be a win for everyone.

To be clear, this is a temporary moratorium and wouldn’t end all data centres in Hamilton or guarantee standards that would address the concerns that Hamiltonians so overwhelmingly expressed. We will have to maintain pressure to ensure that the Municpal Framework is done with meaningful public consultation, every step is public and transparent and demand accountability from provincial and federal governments where necessary. We have to remember that this fight is just beginning, but momentum in Hamilton and across Turtle Island is formidable.

To keep up that fight, we – neighbours, friends, workers, all Hamiltonians – will need to continue to mobilize and organize to dictate the future of data centres in Hamilton, centred on protecting people and the planet!

Follow @noaigreed_hamilton on Instagram or Facebook for more updates!

Scroll down for some resources and reading about the impact of hyperscaler data centres.

How to Take Action:

There is only one way to “officially” participate in City Council meetings - written submissions. Instructions on the city website can be found here. But we’ve broken it down to be a bit more straightforward and added some other unofficial ideas for participation.

WRITTEN SUBMISSIONS

What: You can submit written comments before the meeting. Scroll down for a draft email template.

Due by: Tuesday, July 14th, 2026, by noon

• If your submission isn't in by Friday before, it won't be displayed in the first meeting agenda - it will be added later.

How:

• Email clerk@hamilton.ca
• We suggest you CC your councillor and the mayor!

Find out what ward you live in

CALL YOUR COUNCILLOR

Share your thoughts with your councillor by calling their office. Even a simple "As a resident of your ward, I am calling on you to vote in support of this Interim Control by-law, with a full moratorium, no loopholes," is good enough! You can dive into why this is important to you as well. Scroll down for draft talking points.

POSTER AND FLYER YOUR NEIGHBOURHOOD

Spread the word! Feel free to print out these flyers and posters we’ve made to share this information with your neighbours. This toolkit is accessible via QR code on each document.

Poster link

Flyer link

Talking Points

You don’t have to use all of these, or even any of these! Speak from the heart, share why this is so important to you, what your concerns are, and why you want your councillor to support this. Here are some ideas!

I support the “Interim Control By-Law” from the Municipal Framework on the Development of Data Centres motion because:

• The residents of Hamilton have made clear that we want a meaningful role in deciding whether, when, and how data centres are developed, and that requires time. A full moratorium, with no exceptions, exemptions, or loopholes, is essential to give the city and the public the time needed to develop policy, assess impacts, and ensure all proposed data centres are subject to transparent public review.
• **IMPORTANT** Currently, the draft by-law states: "AI Data Centre means a facility used primarily for the housing, operation, or co-location of computer and networking equipment and handling, storing, managing, processing, and backing up of digital data, for the development of Artificial Intelligence, and generally requiring uninterruptible power supplies and associated infrastructure such as cooling systems, backup power systems, and battery storage." The specificity of development leaves a loophole open for other AI data centres that are used for other purposes. To close this, we demand that the ICBL broaden the language to define AI data centres as any AI data centre facility, regardless of use. This includes, but is not limited to, deployment, model training, inference, and development.
• The ICBL must include an explicit no-exceptions clause that states there are no exemptions, grandfathering, or transitional approvals; says no implied exceptions; prohibits any use that functions as a data centre, regardless of name, size, phase, or power source; and states that if one provision is invalid, the moratorium remains in force.
• The Interim-Control By-Law must be kept in place until a complete Data Centre Framework is finished.
• The dangers of hyperscaler data centres are becoming clear across the world. Hamilton deserves the time to understand the full impact such a development could have on the electricity and water systems, rising energy costs, and how it will impact Hamilton's climate commitments, before a single shovel hits the ground.
• The addition that was made at the June 16th Planning Committee meeting, to mandate Indigenous consultation, is critical. Indigenous voices belong in this framework, seeing as development has repeatedly happened on their traditional territories without consultation or consent, and the environmental harm has been severe. A moratorium is crucial to ensure this consultation is meaningful and robust.
• Claims that new data centres are needed to protect Canadian "data sovereignty" have become a common argument for fast-tracking development. This should be treated with skepticism, and I reject this premise. Physical location alone does not create "data sovereignty." Data stored in Canada may still be controlled by foreign corporations, accessed under foreign laws, routed through international networks, or managed from outside the country. Actual sovereignty depends on an interlocking matrix of factors from: governance, ownership, Indigenous nations' involvement, legal protections and rules (for example, in corporate control), and most importantly, public input and accountability. It will, and should, take time to develop “data sovereignty” in today’s world. Fast-tracking any data centre in the name of sovereignty would be irresponsible and should not be used to justify an exemption.
• There is precedent for motions of this kind. In the US, a wave of moratorium bills is spreading in 2026 at both the state and local levels. The common thread is that most of the zoning regulations enacted to date have been temporary moratoriums that give municipalities time to research and determine how to regulate data centres.
• A similar wave is growing in Canada. Communities from Mississauga to Vancouver are fighting AI data centre development and a federal petition for a national data centre moratorium has been sponsored by MP Jenny Kwan.

Draft Email
It works best if they don’t get all the same letter, so feel free to use this as a starting point, but make it your own.

Dear Mayor Howarth, Councillor [Your councillor] and City Council,

I am writing in support of the Interim Control By-Law from Councillor Nrinder Nann’s motion “Municipal Framework regarding the Development of Data Centres in Hamilton”. If approved, this moratorium will give Hamilton residents a meaningful opportunity to help determine if, when, and how data centres are developed in our community. Public participation is fundamental to accountable municipal decision-making, and that requires time.

I have read the draft ICBL and currently, it states: "AI Data Centre means a facility used primarily for the housing, operation, or co-location of computer and networking equipment and handling, storing, managing, processing, and backing up of digital data, for the development of Artificial Intelligence, and generally requiring uninterruptible power supplies and associated infrastructure such as cooling systems, backup power systems, and battery storage." The specificity of development leaves a loophole open for other AI data centres that are used for other purposes. To close this, we demand that the ICBL broaden the language to define AI data centres as any AI data centre facility, regardless of use. This includes, but is not limited to, deployment, model training, inference, and development.

Importantly, the by-law should be a full moratorium with no exceptions or loopholes, kept in place until a complete Data Centre Framework is finished. The Interim Control By-Law must include an explicit no-exceptions clause that states there are no exemptions, grandfathering, or transitional approvals; no implied exceptions; prohibits any use that functions as a data centre, regardless of name, size, phase, or power source; and states that if one provision is invalid, the moratorium remains in force.

This will ensure that residents and City staff have the opportunity to fully understand and assess all proposed data centre developments. The impacts of hyperscale data centres are becoming increasingly clear around the world. Before any development proceeds, Hamilton should have the time to fully evaluate the potential effects on our electricity grid, water systems, energy costs, local ecosystems, community infrastructure, and Hamilton’s climate commitments.

I also strongly support the amendment adopted at the June 16 Planning Committee meeting that requires Indigenous consultation. Given the long history of development occurring on Indigenous territories in Hamilton and beyond, without meaningful consultation or consent, this requirement is essential. A moratorium is necessary to ensure that consultation is thorough and meaningful, not rushed.

I also urge Council to treat claims that data centres must be fast-tracked for Canadian "data sovereignty" with skepticism. Physical location alone does not create data sovereignty. True sovereignty depends on governance, ownership, Indigenous nations' involvement, legal protections, and public accountability, not simply where servers are located, and that requires time. Fast-tracking any data centre in the name of sovereignty makes no sense.

Hamilton is not alone in taking this approach. In the US, a wave of moratorium bills is spreading in 2026 at both the state and local levels. The common thread is that most of the zoning regulations enacted to date have been temporary moratoriums that give municipalities time to research and determine how to regulate data centres.

A similar wave is growing in Canada. Communities from Mississauga to Vancouver are fighting AI data centre development, and a federal petition for a national data centre moratorium has been sponsored by MP Jenny Kwan.

Hamilton has the chance to be a national leader with a data centre moratorium. I urge Hamilton City Council to vote in favour of the Interim Control By-Law for a full moratorium, with no exceptions, carve-outs, or loopholes.

Thank you for your consideration.

[Your Name, Address, Ward #]

Resources on the impact of hyperscaler data centres

Canadian Centre for Policy Alternatives, So you’re getting a data centre! Here’s what to know

Canadian Centre for Policy Alternatives, AI data centres: From boom to backlash

North Star, North Star Data Center Policy Toolkit

World Resources Institute, From Energy Use to Air Quality, the Many Ways Data Centers Affect US Communities

Environmental Health Project, The Dangers of Data Centers

United Nations University Institute for Water, Environment and Health,  ENVIRONMENTAL COST OF AI'S ENERGY USE: Carbon, Water and Land Footprints

Dr. Anne Pasek’s Getting Into Fights With Datacentres Zine Framework

Bhavyatta Bhardwaj’s “Datacentres, Types, Concerns, Public Disclosures & Ontario Bill 40” [PDF]

Bhavyatta Bhardwaj’s “Systemic Analysis, policy memo, categorised risk, and the ugly truth of Technocolonialism on the Stelco Lands” [PDF]