Item - 2022.PH33.11

The Planning and Housing Committee recommends that:

1. City Council express its concerns to the Province that Bill 109 received Royal Assent before the stated commenting period of April 29, 2022 expired.

2. City Council request the Province to consult with the City prior to issuing any additional draft regulations associated with Bill 109, such that the City can fully understand and analyze the impact of any proposed changes comprehensively, including the cumulative financial impacts.

3. City Council express its concern to the Province with respect to the removal of the transition clause associated with the Ministerial review of Official Plans and Amendments as it has the effect of deeming existing Council-adopted amendments, currently awaiting Ministerial approval, to be indefinitely suspended.

4. City Council express its concern to the Province that the referral of official plan amendments subject to Ministerial approval are no longer sheltered from protracted hearings at the Ontario Land Tribunal.

5. City Council express its concern to the Province with the inclusion of application fee refunds in the legislation.

6. City Council request the Province to explore other avenues to help municipalities expedite approvals in an effort to deliver new housing.

7. City Council express general support for the policies underpinning the Community Infrastructure and Housing Accelerator (CIHA) tool provided that it, and the Minister's Zoning Order powers, are utilized prudently and do not create a parallel approval process with little consultation and diminished adherence to provincial policy.

8. City Council request the Province to consult on any regulations authorizing owners of land, and applicants for approvals in respect of land use planning matters, to stipulate the specified types of surety bond or other instrument to be used to secure an obligation imposed by the municipality.

9. City Council reiterate its request to the Province to introduce the ability to register agreements for Community Benefits Charge in-kind contributions against the land to which it applies, thus permitting a municipality to enforce the provisions against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land.

On February 8, 2022, the Ontario Government published the "Report of the Housing Affordability Task Force" which included 55 recommendations to quickly increase the supply of market housing in Ontario.  A staff report on the Task Force's recommendations was to be considered by Executive Committee on March 30th.  However, on March 30, 2022 the Province introduced changes to the Planning Act, the City of Toronto Act and other statutes to implement some of the recommendations in the Task Force Report. Executive Committee referred Item EX31.11 to the City Manager and requested that the City Manager, in consultation with the Chief Planner, amongst other Divisions report to Planning and Housing Committee on the new "More Homes for Everyone Plan" legislation.

The purpose of this report is to advise that a staff report, that provides commentary and recommendations with respect to the draft legislation, will be finalized and made available for consideration in advance of the April 27, 2022, Planning and Housing Committee meeting.

On March 30, 2022, the Province announced the More Homes for Everyone Plan and introduced Bill 109, More Homes for Everyone Act, 2022. The legislative changes respond in part to consultations and recommendations from the February 8, 2022 Report of the Housing Affordability Task Force (HATF) which included 55 recommendations to increase the supply of market housing in Ontario.

Staff's report on the Task Force's recommendations were to be considered by Executive Committee on March 30, 2022. However, on the same day, the Province introduced changes to the Planning Act, the City of Toronto Act, 2006, the Development Charges Act and other statutes to implement some of the recommendations in the HATF report.

Bill 109 has been posted on the Provincial ERO website for comments up until April 29, 2022. Despite the fact that the commenting timeframe has yet to close, the Province gave third reading and Royal Assent to the Bill on April 14, 2022 bringing the bill into effect.

This report provides commentary and recommendations with respect to the legislative changes introduced in Bill 109 to the Planning Act, Development Charges Act and the City of Toronto Act, 2006.

Similar to the HATF report, the legislation is based in large part on the premise that reduced housing affordability is a function primarily of an increase in population and the lack of housing supply. The legislation is targeted at reducing "red tape", accelerating the development application review timelines and streamlining the approvals process.

While staff support the general intention of streamlining processes to assist in increasing housing supply, demonstrated recently by the City's Concept to Keys process transformation initiative, the Bill fails to recognize that the planning approval process is a fundamentally iterative process whereby the community, applicants and city divisions, external agencies and provincial Ministries collaborate in partnership to find solutions and work to avoid adjudicated outcomes.

Staff have concerns with respect to the implications of the amendments and the subsequent consequences that many of the amendments will create. The Bill will significantly alter local decision making with respect to the development application process and has the potential to move the decision making to the Ontario Land Tribunal and inadvertently create delays.

This report was prepared in consultation with staff from City Legal, Corporate Financial Strategy and Policy and Parks, Forestry and Recreation.