Item - 2023.CC1.2

REVISED

That:

1. City Council request the province to amend Bill 23 to preserve the city’s Green standard, Rental Replacement Policy, parkland provisions, community benefits charges and Development Charges to facilitate responsible growth.

2. City Council request the Province of Ontario amend Bill 23 to preserve Toronto's ability to require a green development standards checklist (Toronto Green Standard) for a complete planning application.

3. City Council request the province to amend the Planning Act to enable the implementation of Inclusionary Zoning across the City and incorporate definitions of affordable housing that respond to low and moderate household income.

4. City Council request the province to enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act, 2006.

5. City Council direct the City Manager make public the impacts of Bill 23 on specific capital projects which will not proceed in each Provincial and Federal Riding.

6. City Council request the province to delay the implementation of refunds for development applications in light of the significant changes to the Planning regulations and internal City processes regarding development.

7. City Council request that the Provincial government to provide funding and or funding tools to the City matching the amount of revenue lost through development charges, community benefits charges, and Section 42 of the Planning Act in Bill 23 to ensure the services needed to facilitate responsible growth continue to be delivered.

That:

1.  City Council request the Province of Ontario amend Bill 23 to preserve Toronto's ability to require a green development standards checklist (Toronto Green Standard) for a complete planning application.

That:

1.  City Council request the Minister of Municipal Affairs and Housing to postpone enacting regulations under Schedule 4 of Bill 23, which would grant the Minister authority to impose limits and conditions on Municipalities' regulation of demolition or conversion of rental units, until such time as there has been focused consultations with municipalities as part of the development of Minister's regulations to ensure municipalities can continue to require replacement rental housing and support impacted tenants.

That City Council request the City Manager to report on the continued need for a City of Toronto Planning Department.

That Councillor Colle be permitted to withdraw his motion 4.

That:

1. City Council request the Province of Ontario to amend the definition of "Affordable Housing" to follow the City of Toronto's "Official Plan Amendment 558 – Updating the Definitions of Affordable Rental and Ownership Housing", as approved by City Council on November 9, 2021.

That:

1. City Council direct the City Solicitor and the Chief Planner and Executive Director, City Planning to report to Planning and Housing Committee on guiding policies to assist City Council in gauging planning importance when considering requests that City Council initiate a Toronto Local Appeal Body appeal.

REVISED

That:

1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Chief Financial Officer and Treasurer, to include enhanced reporting in the financial impacts section of Planning reports in light of the effects of Bill 23, with emphasis on new costs that will need to be paid by ratepayers all residents as a result of a decision.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 6b by Councillor Holyday.

That:

1. City Council direct the Chief Planner and Executive Director, City Planning to commence a public information campaign to inform all city residents of the impacts of Bill 23 and the changes to neighbourhoods, prevailing built forms, housing, civic engagement and cost of living that it may bring about.

REVISED

That:

1. City Council request the Legislative Assembly of Ontario, through a majority vote, to rescind withdraw Bill 23.

That:

1. City Council request the Province of Ontario to not pass Bill 23 because it will increase sprawl and damage livability, sustainability and affordability in the City of Toronto.

That Councillor Saxe be permitted to withdraw her motion 8.

That:

1. City Council request the City Solicitor and the Chief Planner and Executive Director, City Planning to report to the Planning and Housing Committee with a legal strategy to challenge the Province of Ontario’s potential removal of Section 111 of the City of Toronto Act, and explore alternate means to protect rental units from demolition and conversion. 

That:

1. City Council request the Province of Ontario to rescind the proposed changes to the Greenbelt to protect environmental features that support biodiversity, natural spaces, recreation trails, agricultural land, and watersheds that sustain all residents of the Greater Toronto and Hamilton Area.

2. City Council request the Province of Ontario to retain the existing roles and responsibilities of the regional conservation authorities.

That City Council adopt the following recommendations in the supplementary report (November 22, 2022) from the Interim City Manager, the Chief Financial Officer and Treasurer, and the Chief Planner and Executive Director, City Planning [CC1.2a]:

1.  City Council request the Province to extend the commenting period on Bill 23, More Homes Built Faster Act, 2022 to at least January 31, 2023 to enable time for consultation, consideration of alternative options and thorough analysis of both short and long-term impacts.

2.  City Council request the Province to:

a. not proceed with any changes that reduce municipal development charges, community benefit charges or parkland dedication, including:

i. removing housing services from development charges;

ii. retroactively phasing in development charges over a 5 year period on top of City Council's previously adopted two-year phase-in that was mutually agreed upon with the development industry;

iii. discounting rates for purpose built rental units;

iv. adding new exemptions;

v. introducing caps to the development charges determined date and instalments interest rates;

vi. extending the development charges historic service level caps from 10 to 15 years;

v. removing growth studies and land acquisition costs from development charges recovery; and

vi. reducing caps to parkland dedication by-laws.

b. instead of the above-noted changes, create a provincial incentive program provided directly to developers or homeowners through targeted grants, rebate and other financial incentive programs; and

c. alternatively, create a municipal compensation fund to compensate municipalities for the impacts of Bill 23 on municipal growth funding revenues.

3.  City Council request the Minister of Municipal Affairs and Housing to change the effective date of the Refund of Fees for official plan amendments, zoning by-laws and site plan control applications contained in Bill 109, from January 1, 2023 to July 1, 2023.

4.  City Council forward a copy of this report to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Official Opposition, all Ontario MPPs, the Association of Municipalities of Ontario, and all Ontario municipalities for their consideration.

That:

1. Councillor Stephen Holyday's Motion 6c be amended by adding the words "the greenbelt, climate change, affordable housing, rental protection, community infrastructure, parks, heritage", so the motion now reads as follows:

"1. City Council direct the Chief Planner and Executive Director, City Planning to commence a public information campaign to inform all city residents of the impacts of Bill 23 and the changes to neighbourhoods, prevailing built forms, housing, civic engagement, the greenbelt, climate change, affordable housing, rental protection, community infrastructure, parks, heritage and cost of living that it may bring about."

Councillor Perks, rising on a Point of Order, requested staff to make a presentation.

Councillor Perks, rising on a Point of Order, stated that as Councillor Bravo held the Item, she should begin the questioning.

Councillor Perks, rising on a Point of Order, stated that a number of Members of Council have spoken to the relationship between Bill 23 and Bill 39 and requested to know if the Speaker was ruling that Members are not allowed to ask questions, debate or move motions on Bill 39.

Councillor Perks, rising on a Point of Order, requested to know if the Speaker was ruling that Members are not allowed to ask questions on Bill 39.

Councillor Perks, rising on a Point of Order, stated that he would like the City Clerk to explain what a "yes" vote and a "no" vote mean, so that Members understand what they are voting on.