Item - 2022.PH33.11

Tracking Status

  • City Council adopted this item on May 11, 2022 with amendments.
  • This item was considered by Planning and Housing Committee on April 27, 2022 and was adopted with amendments. It will be considered by City Council on May 11, 2022.

PH33.11 - City of Toronto Review of Bill 109: More Homes for Everyone Act, 2022

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 11 and 12, 2022, adopted the following:

 

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

 

2. City Council request the Province of Ontario 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 of Ontario 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 of Ontario 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 of Ontario with the inclusion of application fee refunds in the legislation.

 

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

 

7. City Council request the Province of Ontario to advance Planning Act changes that would enable municipalities to secure purpose built rental housing as part of individual site specific zoning by-laws or which would enable municipalities to zone for tenure, and City Council also request the Province of Ontario to provide funding to secure purpose built affordable housing.  

 

8. City Council express general support for the policies underpinning the Community Infrastructure and Housing Accelerator 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.

 

9. City Council request the Province of Ontario 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.

 

10. City Council reiterate its request to the Province of Ontario 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.

Background Information (Committee)

(April 11, 2022) Report from the Chief Planner and Executive Director, City Planning on City of Toronto Review of Bill 109: More Homes for Everyone Act, 2022
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-224446.pdf

Communications (Committee)

(April 26, 2022) Presentation from Cara Celotti (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-149304.pdf

Communications (City Council)

(May 11, 2022) Letter from Kay Dermatis, Vice-Chair, Federation of South Toronto Residents' Associations (FoSTRA) (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-149776.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

That:

 

1. City Council request the Province of Ontario to advance Planning Act changes that would enable municipalities to secure purpose built rental housing as part of individual site specific zoning by-laws or which would enable municipalities to zone for tenure, and City Council also request the Province of Ontario to provide funding to secure purpose built affordable housing.  

Vote (Amend Item (Additional)) May-11-2022 5:35 PM

Result: Carried Majority Required - PH33.11 - Bail„o - motion 1
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Gary Crawford, John Filion, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 5 Members that were absent are Mike Colle, Paula Fletcher, Michael Ford, Josh Matlow, Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

11a - Review of Bill 109, the More Homes for Everyone Act, 2022

Background Information (Committee)
(April 26, 2022) Report from the Chief Planner and Executive Director, City Planning on Review of Bill 109, the More Homes for Everyone Act, 2022
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225003.pdf
(April 6, 2022) Attachment 1: Memo to MAH Re: Regulatory Registry Proposals 22-MMAH008 and 22-MMAH009 - Proposed amendments to regulations under the Development Charges Act, 1997 and the Planning Act
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225004.pdf
Attachment 2: Legislation Amendments to the Planning Act, Development Charges Act and City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225005.pdf

PH33.11 - City of Toronto Review of Bill 109: More Homes for Everyone Act, 2022

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

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.

Origin

(April 11, 2022) Report from the Chief Planner and Executive Director, City Planning

Summary

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.

Background Information

(April 11, 2022) Report from the Chief Planner and Executive Director, City Planning on City of Toronto Review of Bill 109: More Homes for Everyone Act, 2022
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-224446.pdf

Communications

(April 26, 2022) Presentation from Cara Celotti (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-149304.pdf

Speakers

Cara Celotti
John Bossons, Federation of North Toronto Residents' Associations (Fontra)

Motions

1 - Motion to Amend Item moved by Councillor Ana Bail„o (Carried)

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.

11a - Review of Bill 109, the More Homes for Everyone Act, 2022

Origin
(April 26, 2022) Report from the Chief Planner and Executive Director, City Planning
Summary

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.

Background Information
(April 26, 2022) Report from the Chief Planner and Executive Director, City Planning on Review of Bill 109, the More Homes for Everyone Act, 2022
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225003.pdf
(April 6, 2022) Attachment 1: Memo to MAH Re: Regulatory Registry Proposals 22-MMAH008 and 22-MMAH009 - Proposed amendments to regulations under the Development Charges Act, 1997 and the Planning Act
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225004.pdf
Attachment 2: Legislation Amendments to the Planning Act, Development Charges Act and City of Toronto Act, 2006
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225005.pdf
Source: Toronto City Clerk at www.toronto.ca/council