Item - 2023.EX1.4
Tracking Status
- City Council adopted this item on December 14, 2022 with amendments.
- This item was considered by Executive Committee on December 6, 2022 and was adopted with amendments. It will be considered by City Council on December 14, 2022.
EX1.4 - Implementing Bill 109, the More Homes for Everyone Act, 2022
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 14 and 15, 2022, adopted the following:
1. City Council request the Chief Planner and Executive Director, City Planning, to recommend an Official Plan Amendment to address policy changes required as a result of the impacts of Bill 109 in a report to Planning and Housing Committee in the first quarter of 2023.
2. City Council request the Province to consult with the City prior to issuing any draft regulations associated with Bill 109, specifically related to definitions included in the legislation, a "stop the clock" mechanism, and other implementation tools.
3. City Council request the Minister of Municipal Affairs and Housing to delay the implementation of Refund of Fees for Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications by changing the effective date from January 1, 2023 to July 1, 2023, and acknowledge a commitment to do so and not to require refunds in the meantime, based on commitments contained in a letter from the Minister to the Mayor dated November 30, 2022.
4. City Council approve net zero increases to the 2023 Operating Budgets of City Planning and commenting Divisions subject to their approval as follows: $6.487 million gross and $0 net to City Planning; $0.755 million gross and 0 net to Engineering Services; $1.729 million gross and $0 net to Transportation Services; $0.694 million gross and $0 net to Toronto Building; $1.674 million gross and $0 net to Toronto Water; $2.069 million gross and $0 net to Parks, Forestry and Recreation; and $0.740 million gross and $0 net to Legal Services, all funded by the Development Application Review Reserve Fund (XR1307).
5. City Council approve 150 new permanent positions to be added to the 2023 Operating Budgets of City Planning and commenting Divisions subsequent to their approval as follows: 74 to City Planning, 5 to Engineering and Construction Services, 19 to Transportation Services, 9 to Toronto Building, 15 to Toronto Water; 24 to Parks, Forestry and Recreation and 4 to Legal Services.
6. City Council amend City of Toronto Municipal Code Chapter 415-19(D) to remove the authority of the Ward Councillor to request the Chief Planner and Executive Director, City Planning, to submit site plan applications to Community Council and to City Council for its approval.
7. City Council amend City of Toronto Municipal Code Chapter 415-19.1(A) to delegate authority to the Chief Planner and Executive Director, City Planning, to determine whether an application submitted to the City, pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, is complete or incomplete.
8. City Council amend City of Toronto Municipal Code Chapter 415-19.1(F) to remove reference to preliminary reports.
9. City Council amend the City of Toronto Municipal Code 415-17(B) to remove the authority of the Ward Councillor, for those applications for which approval authority has been delegated to the Chief Planner and Executive Director, City Planning, to request the Chief Planner and Executive Director, City Planning submit Draft Plan of Condominium applications to Community Council or Standing Committee and to City Council for its approval.
10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services and the City Solicitor to review, and if appropriate, bring forward proposed amendments to City of Toronto Municipal Code Chapter 743, and if necessary Chapter 441, through Planning and Housing Committee, to facilitate development proponents being able to obtain the requisite permit to access the right of way in order to obtain accurate utility information in a more streamlined manner and to assist with the implementation of the Soil Volume Plan complete application requirements in the Official Plan.
11. City Council request the Chief Planner and Executive Director, City Planning to report to February 28, 2023 meeting of the Planning and Housing Committee on a simplified summary of the application that should include the issues that would have been reflected in the current preliminary report to the public and that can be made available to the Councillor and the public when the application has been deemed complete and prior to a community consultation meeting.
12. City Council request the Chief Planner and Executive Director, City Planning, in consultation with any relevant divisions, to report back to the February 28, 2023, meeting of the Planning and Housing Committee on enhancements to the City's Application Information Centre to improve access to information, and engagement opportunities for residents, including but not limited to:
a. improving accessibility across a range of devices, including mobile phones, to better serve a diversity of users;
b. launching a public communications plan to inform residents about the Application Information Centre and how to use the platform;
c. building a clearer, and more accessible, avenue within the Application Information Centre for resident consultation and feedback;
d. improving the formatting of presentations, planning documents and technical materials;
e. developing consistent timelines for when information is updated and shared on Application Information Centre; and
f. a strategy to ensure that residents of every age and ability have access to information and opportunities for consultation.
13. City Council request the Chief Planner and Executive Director, City Planning to review and implement options to clearly outline key application data and statistics on the Application Information Centre.
14. City Council request the Chief Technology Officer, Technology Services, in consultation with any relevant divisions, to report back to the February 28, 2023 meeting of the Planning and Housing Committee on the technical enhancements that can be made to Application Information Centre in the immediate term.
15. City Council request the Chief Planner and Executive Director, City Planning to post a message from the Chief Planner and Executive Director, City Planning on the Application Information Centre explaining the new legislation and changes on how City planning engages with the public.
16. City Council request the Chief Planner and Executive Director, City Planning, in consultation with Division Heads involved in the development review process, to consider expanding the use of existing or adding third-party Peer Review consultants through a roster, to support timely review of appropriate technical application requirements as the development review and operating model transformation continues.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-230137.pdf
(December 6, 2022) Presentation from the Chief Planner and Executive Director, City Planning
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-230347.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-156656.pdf
(December 13, 2022) Letter from Danielle Binder, Director, Policy and Advocacy, Building Industry and Land Development Association (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-157033.pdf
Motions (City Council)
That:
1. City Council request the Chief Planner and Executive Director, City Planning to review and implement options to clearly outline key application data and statistics on the Application Information Centre.
REVISED
That City Council direct the Chief Planner and Executive Director, City Planning to continue to produce preliminary reports.
That City Council delete Executive Committee Recommendation 9:
Recommendation to be deleted
9. City Council amend City of Toronto Municipal Code Chapter 415-19.1(F) to remove reference to preliminary reports.
That City Council direct the City Manager to replace the front page of the Application Information Centre with the following text:
"Due to changes in Provincial planning law, the City of Toronto is unable to provide timely information on development applications to members of the public. If you want to know more about any planning application please contact the Minister of Municipal Affairs and Housing."
That Councillor Perks be permitted to withdraw his motions 2a and 2b.
REVISED
That:
1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with any relevant divisions, report back to the Planning and Housing Committee on February 28, 2023 on enhancements to the City's Application Information Centre (AIC) to improve access to information, and engagement opportunities for residents, including but not limited to:
a. improving accessibility across a range of devices, including mobile phones, to better serve a diversity of users;
b. launching a public communications plan to inform residents about the AIC and how to use the platform;
d. building a clearer, and more accessible, avenue within the AIC for resident consultation and feedback;
c. improving the formatting of presentations, planning documents, and technical materials;
e. developing consistent timelines for when information is updated and shared on AIC; and
f. a strategy to ensure that residents of every age and ability have access to information and opportunities for consultation.
2. City Council request the Chief Technology Officer, Technology Services, in consultation with any relevant divisions, to report back to the Planning and Housing Committee on February 28, 2023 on the technical enhancements that can be made to AIC in the immediate term.
That:
1. City Council request Chief Planner and Executive Director, City Planning to report to February 28, 2023 meeting of the Planning and Housing Committee on a simplified summary of the application that should include the issues that would have been reflected in the current preliminary report to the public and that can be made available to the Councillor and the public when the application has been deemed complete and prior to a community consultation meeting.
2. City Council request Chief Planner and Executive Director, City Planning to post a message from Chief Planner and Executive Director, City Planning on the Application Information Centre explaining the new legislation and changes on how City planning engages with the public.
Adoption of Executive Committee Recommendation 1 only:
1. City Council request the Chief Planner and Executive Director, City Planning, to recommend an Official Plan Amendment to address policy changes required as a result of the impacts of Bill 109 in a report to Planning and Housing Committee in the first quarter of 2023.
Vote (Adopt Item as Amended) Dec-15-2022 2:06 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 1 only |
|---|---|
| Total members that voted Yes: 19 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 7 | Members that voted No are Alejandra Bravo, Paula Fletcher, Ausma Malik, Josh Matlow, Gord Perks, Anthony Perruzza, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
Adoption Executive Committee Recommendation 6 only:
6. City Council amend City of Toronto Municipal Code Chapter 415-19(D) to remove the authority of the Ward Councillor to request the Chief Planner submit site plan applications to Community Council and to City Council for its approval.
Vote (Adopt Item as Amended) Dec-15-2022 2:08 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 6 only |
|---|---|
| Total members that voted Yes: 14 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Jamaal Myers, Frances Nunziata (Chair), Dianne Saxe, John Tory |
| Total members that voted No: 12 | Members that voted No are Alejandra Bravo, Lily Cheng, Mike Colle, Paula Fletcher, Ausma Malik, Josh Matlow, Amber Morley, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson |
| Total members that were Absent: 0 | Members that were absent are |
Adoption of Executive Committee Recommendation 7 only:
7. City Council amend City of Toronto Municipal Code Chapter 415-19.1(A) to delegate authority to the Chief Planner and Executive Director, City Planning, to determine whether an application submitted to the City, pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, is complete or incomplete.
Vote (Adopt Item as Amended) Dec-15-2022 2:09 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 7 only |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Anthony Perruzza, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 4 | Members that voted No are Josh Matlow, James Pasternak, Gord Perks, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
Adoption of Executive Committee Recommendation 8 only:
8. City Council amend City of Toronto Municipal Code Chapter 415-19.1(B) to remove the authority of the Ward Councillor to request a consultation on a planning application with the Chief Planner or his/her designate prior to determining whether a planning application is complete.
Vote (Adopt Item as Amended) Dec-15-2022 2:10 PM
| Result: Lost (tie) | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 8 only |
|---|---|
| Total members that voted Yes: 13 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Gary Crawford, Vincent Crisanti, Nick Mantas, Jennifer McKelvie, Chris Moise, Jamaal Myers, Frances Nunziata (Chair), Michael Thompson, John Tory |
| Total members that voted No: 13 | Members that voted No are Alejandra Bravo, Lily Cheng, Mike Colle, Paula Fletcher, Stephen Holyday, Ausma Malik, Josh Matlow, Amber Morley, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe |
| Total members that were Absent: 0 | Members that were absent are |
Adoption of Executive Committee Recommendation 9 only:
9. City Council amend City of Toronto Municipal Code Chapter 415-19.1(F) to remove reference to preliminary reports.
Vote (Adopt Item as Amended) Dec-15-2022 2:12 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 9 only |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 6 | Members that voted No are Stephen Holyday, Josh Matlow, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
Adoption of Executive Committee Recommendation 10 only:
10. City Council amend the City of Toronto Municipal Code 415-17(B) to remove the authority of the Ward Councillor, for those applications for which approval authority has been delegated to the Chief Planner, to request the Chief Planner submit Draft Plan of Condominium applications to Community Council or Standing Committee and to City Council for its approval.
Vote (Adopt Item as Amended) Dec-15-2022 2:13 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 10 only |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Lily Cheng, Gary Crawford, Vincent Crisanti, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 9 | Members that voted No are Alejandra Bravo, Mike Colle, Paula Fletcher, Ausma Malik, Josh Matlow, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
EX1.4 - Adoption of Executive Committee Recommendation 11 only:
11. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services and City Solicitor to review, and if appropriate, bring forward proposed amendments to City of Toronto Municipal Code Chapter 743, and if necessary Chapter 441, through Planning and Housing Committee to facilitate development proponents being able to obtain the requisite permit to access the right of way in order to obtain accurate utility information in a more streamlined manner and to assist with the implementation of the Soil Volume Plan complete application requirements in the Official Plan.
Vote (Adopt Item as Amended) Dec-15-2022 2:14 PM
| Result: Carried | Majority Required - EX1.4 - Adoption of Executive Committee Recommendation 11 only |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Dianne Saxe, Michael Thompson, John Tory |
| Total members that voted No: 5 | Members that voted No are Ausma Malik, Josh Matlow, Gord Perks, Anthony Perruzza, Jaye Robinson |
| Total members that were Absent: 0 | Members that were absent are |
Adoption of the balance of the Item as amended.
Councillor Perks, rising on a Point of Order, stated that he would like a separate vote on Parts 1, 6, 7, 8, 9, 10, and 11.
EX1.4 - Implementing Bill 109, the More Homes for Everyone Act, 2022
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council request the Chief Planner and Executive Director, City Planning, to recommend an Official Plan Amendment to address policy changes required as a result of the impacts of Bill 109 in a report to Planning and Housing Committee in the first quarter of 2023.
2. City Council request the Province to consult with the City prior to issuing any draft regulations associated with Bill 109, specifically related to definitions included in the legislation, a "stop the clock" mechanism, and other implementation tools.
3. City Council request the Minister of Municipal Affairs and Housing delay implementation of Refund of Fees for Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications by changing the effective date from January 1, 2023 to July 1, 2023, and acknowledge a commitment to do so and not to require refunds in the meantime, based on commitments contained in a letter from the Minister to the Mayor dated November 30, 2022.
4. City Council approve net zero increases of the 2023 Operating Budgets of City Planning and commenting divisions subject to their approval as follows: $6.487 million gross and $0 net to City Planning; $0.755 million gross and 0 net to Engineering Services; $1.729 million gross and $0 net to Transportation Services; $0.694 million gross and $0 net to Toronto Building; $1.674 million gross and $0 net to Toronto Water; $2.069 million gross and $0 net to Parks, Forestry and Recreation; and $0.740 million gross and $0 net to Legal Services, all funded by the Development Application Review Reserve Fund (XR1307).
5. City Council approve 150 new permanent positions to be added to the 2023 Operating Budgets of City Planning and commenting divisions subsequent to their approval as follows: 74 to City Planning, 5 to Engineering and Construction Services, 19 to Transportation Services, 9 to Toronto Building, 15 to Toronto Water; 24 to Parks, Forestry and Recreation and 4 to Legal Services.
6. City Council amend City of Toronto Municipal Code Chapter 415-19(D) to remove the authority of the Ward Councillor to request the Chief Planner submit site plan applications to Community Council and to City Council for its approval.
7. City Council amend City of Toronto Municipal Code Chapter 415-19.1(A) to delegate authority to the Chief Planner and Executive Director, City Planning, to determine whether an application submitted to the City, pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, is complete or incomplete.
8. City Council amend City of Toronto Municipal Code Chapter 415-19.1(B) to remove the authority of the Ward Councillor to request a consultation on a planning application with the Chief Planner or his/her designate prior to determining whether a planning application is complete.
9. City Council amend City of Toronto Municipal Code Chapter 415-19.1(F) to remove reference to preliminary reports.
10. City Council amend the City of Toronto Municipal Code 415-17(B) to remove the authority of the Ward Councillor, for those applications for which approval authority has been delegated to the Chief Planner, to request the Chief Planner submit Draft Plan of Condominium applications to Community Council or Standing Committee and to City Council for its approval.
11. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services and City Solicitor to review, and if appropriate, bring forward proposed amendments to City of Toronto Municipal Code Chapter 743, and if necessary Chapter 441, through Planning and Housing Committee to facilitate development proponents being able to obtain the requisite permit to access the right of way in order to obtain accurate utility information in a more streamlined manner and to assist with the implementation of the Soil Volume Plan complete application requirements in the Official Plan.
12. City Council request that the Chief Planner and Executive Director, City Planning, in consultation with Division Heads involved in the development review process, consider expanding the use of existing or adding third-party Peer Review consultants through a roster, to support timely review of appropriate technical application requirements as the development review and operating model transformation continues.
Decision Advice and Other Information
The Chief Planner and Executive Director, City Planning gave a presentation on Implementing Bill 109, the More Homes for Everyone Act.
Origin
Summary
This report recommends a comprehensive but phased approach to implementing Bill 109, the More Homes for Everyone Act, 2022. Further reporting through Planning and Housing Committee is expected throughout 2023 in response to existing and potential future legislative change. This report describes the ongoing roll out of a new operating model for the City's development review service and details the organizational structure, process improvements and technology upgrades required to ensure optimal functioning of the model as the City responds to existing and evolving legislative change. Additionally, it identifies the policy and process measures necessary to ensure the City continues to achieve good city-building outcomes while mitigating risk to cost recovery of its development review service.
In 2019, City Council adopted the End-to-End Review of the Development Review Process Report (E2E). E2E serves as a blueprint for the transformation of the City's development review service, which is underway through the Concept 2 Keys program and ongoing divisional program reviews. Implementation of E2E recommendations, including the new operating model, is imperative in the face of punitive legislated timeline provisions introduced through Bill 109. Now more than ever, the City must structure and resource its development review service in ways that improve coordination, collaboration and communication across multidisciplinary teams and between stakeholders.
Even as the new operating model rolls out city-wide, the legislation will severely hinder the City's ability to recover the cost of its development review service, particularly as the City does not have sole control over the legislated review timeline. This risk likely cannot be fully mitigated in 2023, and must be balanced against the long-term risks to city-building that will arise if thorough review, stakeholder engagement, and careful consideration of the City's strategic priorities are overlooked in the name of legislated timeline management. The near-term process improvements identified in this report support a development review system that is increasingly underpinned and supported by legislative and policy tools to ensure consistency of approach and improved performance management.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-230137.pdf
(December 6, 2022) Presentation from the Chief Planner and Executive Director, City Planning
https://www.toronto.ca/legdocs/mmis/2023/ex/bgrd/backgroundfile-230347.pdf
Speakers
Motions
That:
1. City Council request that the Chief Planner and Executive Director, City Planning, in consultation with Division Heads involved in the development review process, consider expanding the use of existing or adding third-party Peer Review consultants through a roster, to support timely review of appropriate technical application requirements as the development review and operating model transformation continues.
That Recommendation 3 be amended by adding "and acknowledge a commitment to do so and not to require refunds in the meantime, based on commitments contained in a letter from the Minister to the Mayor dated November 30, 2022." following "July 1, 2023" so that it now reads as follows:
3. City Council request the Minister of Municipal Affairs and Housing delay implementation of Refund of Fees for Official Plan Amendment, Zoning By-law Amendment and Site Plan Control applications by changing the effective date from January 1, 2023 to July 1, 2023, and acknowledge a commitment to do so and not to require refunds in the meantime, based on commitments contained in a letter from the Minister to the Mayor dated November 30, 2022.