Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - April 10, 2025

Speakers/Presentations: The speakers list will be posted online at 8:30 a.m. on May 8, 2025.

Communications/Reports

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council adopt Official Plan Amendment 804 in accordance with Attachment 1.

2. City Council repeal Official Plan Amendment 668 (By-law 1107-2024) and Official Plan Amendment 680 (By-law 1108-2024) upon Official Plan Amendment 804 coming into full force and effect.

3. City Council authorize the Chief Planner and Executive Director, City Planning to seek approval of the Minister of Municipal Affairs and Housing of Official Plan Amendment 804 under Section 26 of the Planning Act.

4. City Council direct the Chief Planner and Executive Director, City Planning, to study affordable housing requirements as part of any secondary plan study that would implement the policies of Official Plan Amendment 804.

5. City Council authorize the City Solicitor to make such stylistic and technical changes to the recommended Official Plan Amendment 804 as may be required.

6. City Council declare by resolution to the Minister of Municipal Affairs and Housing that Official Plan Amendment 804 has regard to the matters of Provincial Interest in Section 2 of the Planning Act; and is consistent with policy statements issued under subsection 3(1) of the Planning Act.

7. City Council request the Minister of Municipal Affairs and Housing to issue a regulation respecting any transitional matters arising from the implementation of the Provincial Planning Statement 2024 and City of Toronto Official Plan Amendment 804.

This report recommends adoption of Official Plan Amendment 804 (OPA 804) to align the Official Plan with the new provincial definition of "area of employment" in the Planning Act and "employment area" in the Provincial Planning Statement 2024 (PPS 2024). This report also recommends the redesignation of 255 hectares across four Employment Areas, largely planned as office business parks, in alignment with these new provincial definitions. These amendments are intended to ensure Toronto's Employment Areas can thrive and support economic growth.

Bill 97 narrowed the definition of "area of employment" in the Planning Act and introduced a transition provision to allow municipalities to authorize the continuation of “lawfully established” uses that have been excluded from the new definition.

Council adopted two Official Plan Amendments to respond to these Provincial changes. Official Plan Amendment (OPA) 668 was adopted by Council on July 19, 2023, to authorize the continuation of lawfully established uses in Employment Areas. Official Plan Amendment 680 was adopted by Council on July 24, 2024, to align land use permissions in Employment Areas with the amended definition of "area of employment" in the Planning Act.

Shortly after Council's enactment of Official Plan Amendments 668 and 680, the Minister of Municipal Affairs and Housing filed Ontario Regulation 396/24 on October 10, 2024. This regulation removes Council's delegated approval authority specifically for Official Plan Amendments 668 and 680 and provides that the Minister is now the approval authority for these two Official Plan Amendments.

After the Minister filed O. Reg. 396/24, the Ministry of Municipal Affairs and Housing (MMAH) suggested that the City consider:

- revoking Official Plan Amendment 668 and 680;

- removing certain lands, in alignment with the Planning Act and Provincial Planning Statement 2024; and

- proceeding through a section 26 Official Plan Amendment which would require the approval of the Minister of Municipal Affairs and Housing.

This report recommends adoption of Official Plan Amendment 804 (OPA 804) to respond to these requests.

City Planning confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Executive Director of Court Services recommends that:  

1. City Council decrease the panel member composition of the Toronto Local Appeal Body (TLAB) from fourteen (14) to ten (10) part-time members including a Chair and Vice-Chair, and that the decrease be achieved through the elimination of TLAB member positions upon the completion of current terms of appointment, with the exception of any public appointments required for the Chair position, until such point as the TLAB membership is comprised of ten (10) members inclusive of a Chair and Vice Chair.

The Toronto Local Appeal Body (TLAB) is an independent, quasi-judicial Adjudicative Board (tribunal) that allows for minor variance and consent applications under Sections 45 and 53 of the Planning Act. The TLAB is composed of fourteen (14) members, consisting of the Chair, Vice-Chair, and twelve (12) panel members. Members are appointed on a part-time basis for a four (4) year term by the City Council, based on recommendations made by the citizen-based Tribunal Nominating Panel.

In 2017, the TLAB was established with a panel member complement consisting of a total of seven (7) members, including the Chair. Subsequently, to address the high member workload, City Council increased the number of members on two occasions: first, in 2019, increasing the number to ten (10), and again in 2022, further increasing the total complement to fourteen (14).

The Provincial government enacted legislative changes in November 2022, through the passage of Bill 23 More Homes Built Faster Act, 2022. Bill 23 amended the Planning Act to remove "third party" appeals to the TLAB for Committee of Adjustment decisions which accounted for a significant number of TLAB appeal volumes. The TLAB received 263 appeals in 2022 which declined to 116 (-56 percent) in the year following the enactment of Bill 23, and a further decline to 97 (-16 percent) appeals in 2024. This decline has led to a corresponding decrease in TLAB hearings and the overall workload for panel members presiding over hearings. TLAB appeal hearings fell from 306.5 in 2022, to 178.5 in 2023, and 96 in 2024. Hearing assignments for members have decreased significantly, from multiple assignments per month before Bill 23 to fewer than one hearing per month since, resulting in lengthy periods between hearing assignments.

This report recommends that City Council approve a reduction in the TLAB member complement from fourteen (14) to the previous complement of ten (10) part-time members, including a Chair and Vice-Chair. This would be achieved by eliminating current and future vacancies until the approved membership is reached. This reduction will help address the significantly reduced workload for TLAB members and support the recruitment and retention of high-caliber and engaged panel members. 

Funding for the Toronto Local Appeal Body members including a Chair and Vice-Chair is included in the 2025 Operating Budget for Court Services. The recommendations included in this report to reduce the TLAB panel member complement from fourteen (14) to ten (10) members would result in a reduction of the annual member stipend expenditure by $1,500 for each of the four (4) member positions, resulting in an annual savings of $6,000.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Deputy City Manager, Development and Growth Services recommends that:

1. City Council amend the City of Toronto Municipal Code, Chapter 441, Fees and Charges, Appendix C - Schedule 13, effective July 1, 2025, substantially in accordance with the revised fee schedule as found in Attachment 1 to this report.

2. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Development Review Division, to include any recommendations related to Minor Variance and Consent application fees, in accordance with the approach identified in the 2024 Operating Budget for City Planning, in a report on the Committee of Adjustment Service Delivery Model Review in Q3 2025.   

3. City Council request the Executive Director, Development Review Division, to undertake a comprehensive review of the Site Plan Control application review process and report back to Council by Q3 2026 with an updated service standard and fee schedule for Site Plan Control applications. 

4. City Council authorize the Executive Director, Development Review Division, to implement an Application Fee Policy, effective July 1, 2025, substantially in accordance with Attachment 10 to this report.

5. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council’s decision.

6. City Council authorize the City Solicitor to make such stylistic and technical changes to the amendment to the City of Toronto Municipal Code as may be required.

7. City Council authorize the Deputy City Manager, Development and Growth Services to take all necessary actions to implement Council’s decision.

8. City Council direct the Deputy City Manager, Development and Growth Services to undertake a comprehensive development application fee review and report back to Council on a regular four-year cycle, in accordance with the City's User Fee Policy.

Through the processing of development applications, the City's development review service shapes how the city grows and delivers services necessary to successfully promote and manage growth. This service is critical in maintaining Toronto's position as a world-class city by supporting the delivery of new housing supply; transit projects; healthcare facilities; innovation, manufacturing and industrial facilities; landmark projects; and critical infrastructure that support our social and economic prosperity, growth and cohesion.

The City of Toronto's development review service continues to navigate significant legislative change as well as market and geopolitical uncertainty. To address resultant changes in development and application processing trends, the City is focused on transforming its organizational structure and processes, with the goal of expediting the review of all development projects, especially those that deliver new affordable and purpose-built rental homes and support economic growth and job creation.

Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 13 sets out the City's fees for processing development applications. Fees are intended to recover the cost of services provided by all divisions engaged in the development review process. The current development application fee schedule came into effect on September 1, 2022.

As directed by Council and in accordance with the City's User Fee Policy, City staff (together with consultants KPMG and Watson and Associates Economists) undertook the 2024 Development Application Fee Review (the 2024 Review). Detailed findings of this review are provided as Attachments 2 -10. Subject to Council approval, the recommended fee schedule included in Attachment 1 to this report will come into effect on July 1, 2025.

The recommended fee schedule enables full cost recovery for the processing of development applications, except for Site Plan Control, Minor Variance, and Consent applications, which account for approximately 60 percent of the estimated cost increase. Additionally, it streamlines and simplifies development application fees, reduces cost for many major application types, and makes fees more predictable. For applicants, this means that some fees will decrease, some will not change, and some will increase. Specifically, new proposed fee structures will, among other things:

- Simplify the calculation method for Official Plan Amendment/Zoning By-law Amendment, Zoning By-law Amendment, and Site Plan Control applications by introducing a single, uniform multiplier that applies to both residential and non-residential gross floor area;

- Reduce Zoning By-law Amendment application fees for most scales of mixed-use development and set a maximum cap of $715,000 ($743,600 including the 2025 Cost of Living Adjustment) for all Zoning By-law Amendment applications;

- Support housing development by reducing combined Official Plan Amendment/Zoning By-law Amendment application fees for most scales of mixed-use development and setting a maximum cap of $800,000 ($832,000 including the 2025 Cost of Living Adjustment) for all combined Official Plan Amendment/Zoning By-law Amendment applications;

- Support all scales of housing development with the City shouldering the majority of the cost increase for Site Plan Control applications while the Site Plan process is re-engineered in 2025 (i.e., staff recommend only 25 percent of the estimated cost increase be passed on to applicants); and

- Implement a new Plan of Condominium process and application fees which remove an estimated $800,000 of annual processing costs associated with application circulation and review, with savings to be passed on to applicants.

In addition to the above, the City of Toronto is committed to continuous improvement and has already seen significant improvement in the development review process as a result of ongoing organizational and process improvements. Notably, for all major development application types (including combined Official Plan Amendment/Zoning By-law Amendment, Zoning By-law Amendment and Site Plan Control applications), review times have improved by over 80 percent when compared to the previous 5-year average.

Over the course of 2025 and as outlined in this report, the Development Review Division, working with internal and external partners, will continue to focus on systemic improvements to the development review process. This includes:

- Developing standard operating procedures (SOPs) and clearly identifying application requirements for each application type to enhance predictability, reduce cost for applicants and improve efficiency in the process leveraging a Lean Six Sigma methodology;

- Providing staff with training and tools (including a library of standardized comments) to ensure more consistent and timely interpretation and application of regulatory frameworks;

- Developing new service standards to provide predictability and improve service delivery for all stakeholders in the development review process;

- Improving communication between the City and all parties involved in the development review process through both digital and analog methods;

- Developing consistent streaming and prioritization criteria to expedite applications that propose significant new affordable and purpose-built rental housing and support economic growth and job creation such as new industrial and manufacturing facilities;

- Introducing new technology tools and enhancing existing tools to support improved workflows, efficiencies and performance tracking between City staff and applicants;

- Establishing Key Performance Indicators (KPIs) to measure performance and publicly track and report on performance; and

- Improving complement management to ensure a dynamic allocation of staff resources across community planning districts to address fluctuations in application volumes as they arise.

In tandem with these tangible actions to streamline processes and expedite development approvals, the City of Toronto continues to make significant financial investments to stimulate housing development. This includes City Council's approval of the Rental Housing Supply Program and its various streams which provide:

- Capital funding and an exemption from development charges, parkland dedication fees, community benefits charges and the waiver of planning application and building permit fees for eligible affordable rental projects;

- Deferral of development charges payable for up to 5,600 purpose-built rental units for as long as they remain rental;

- Implementation of a new Multi-Residential Property Tax subclass which provides a 15 percent property tax reduction for new purpose-built rental developments for a 35-year period; and

- Deferral of development charges for eligible multi-unit ownership/condominium projects with a minimum of 5 percent units as affordable rental or ownership (interest free and at June 2024 rates for four years).

As the City advances policy and program initiatives to address the housing crisis, including new or expanded incentive programs, findings from the 2024 Review illustrate a need to further investigate and evolve how the City funds the development review service in ways that recognize and balance the inherent tension between the provision of a critical public service and provision of service for a fee.

Following implementation of the recommended fee schedule, staff recommend returning to a four-year cycle for the next comprehensive review, as supported by the City's User Fee Policy.

Overview: Development Application Volume and Fees

Development Application Volume

The City's development review service processes an average of 460 applications per year (calculated over five years, including 2017-2020 and 2023 data). In the first quarter of 2025 (January to March), a total of 113 applications were submitted to the City. This volume aligns with the average annual volume estimate used in the City's cost model and represents a 66 percent increase in application volume over the same period last year.

Development Application Fees

In aggregate, the 2024 Review found the City's average annual processing cost of development applications (excluding Committee of Adjustment applications) is approximately $80. 1 million based on the 2024 cost of development review services, as illustrated in Table 3. This represents an increase in processing cost of approximately $12.9 million (or 19 percent) since the 2021 Review. Currently, the City's fee schedule generates average annual revenues of approximately $62.8 million, which means it recovers approximately 78 percent of processing costs. This leaves an estimated gap in average annual revenue of approximately $17.3 million for 2024 (see Attachment 5). It should be noted that the actual gap is determined and reconciled annually based on actual application volumes and corresponding actual fee revenues.

The recommended fee schedule (see Attachment 1) is designed to "close the gap" and achieve full cost recovery for the processing of development applications, with the exception of Site Plan Control, Minor Variance, and Consent applications (addressed separately, below), based on the 2024 cost of development review services. Note that Attachment 1 includes application fee values that reflect the findings of the 2024 Fee Review, cost adjusted to 2025 dollars (i.e., a 4 percent cost of living adjustment has been applied).

The City divisions that participate in the development review process receive a revenue allocation, based on their level of effort, that represents cost recovery (detailed in Table 3). While corporate and divisional organizational structures have changed since 2022, the 2024 Review reflects a status quo organizational structure to ensure alignment with the 2025 Operating Budget. Organizational structure change and any impacts will be reflected through the City's 2026 Budget process. Through the 2026 Budget process, adjustments to revenues and costs will also be made to account for Council-approved initiatives that impact full cost recovery, including expanded incentive and waiver programs to support affordable housing development (e.g., Rental Housing Supply Program).

If approved, the new fee schedule will be effective July 1, 2025. The impact of the new fee schedule is described above in aggregate terms; however, under the Planning Act, the processing costs for each application type must be addressed individually. Changes to fees, based on the current cost to deliver the service, may vary depending on the type, size and complexity of an application. This means that some fees will decrease, some will not change, and some will increase.

Fees categorized as "full cost recovery" under the City's User Fee Policy will automatically be adjusted for inflation on January 1 of each year.

Site Plan Control Application Fees

As a result of the 2021 Review, Council approved a 24 percent reduction in Site Plan Control application fees. The 2024 Review showed that the City's current fee schedule recovers approximately 51 percent of the full cost of Site Plan application processing.  Since 2022, legislative change and an increase in staff level of effort to process Site Plan applications contribute to an average annual revenue loss of approximately $19.1 million for this application type (see Attachment 5). To achieve full cost recovery for average annual processing costs of approximately $38.9 million, the City would have to considerably increase fees for all Site Plan Control applications, regardless of size or type (i.e., residential, non-residential, mixed use).

In 2025, the City is undertaking a comprehensive review of its Site Plan Control application review process, leveraging a Lean Six Sigma methodology to streamline review activities with the goal of reducing processing costs and simplifying the fee schedule. As Recommendation 3 indicates, staff expect to report back to Council with an updated service standard and fee schedule for Site Plan Control applications by Q3 2026. Until that time, staff recommend less than full cost recovery for Site Plan Control application review, with 25 percent of increased average annual processing costs (approximately $4.8 million) recovered through fees. This approach requires 75 percent of increased average annual processing costs to be recovered from alternative sources of funding (approximately $13.7 million), which will be managed through non-application-based revenues, when necessary. Attachment 1 to this report reflects the recommended approach. Attachment 6 to this report includes a summary of existing Site Plan control application fees, an option for full cost recovery based on the findings of the 2024 Review, and the recommended option to recover 25 percent of increased processing costs from fees.

Committee of Adjustment Application Fees

In June 2022, City Council adopted the recommended fee schedule resulting from the 2021 Fee Review except for recommended increases to Minor Variance and Consent application fees. The 2021 Fee Review recommended a 42 percent increase in Minor Variance application fees and a 58 percent increase in Consent application fees. The recommended fee increase reflected increased staff level of effort for circulation and commenting on applications. Holding fees steady at 2021 levels resulted in an average annual under-recovery of approximately $5.33 million in processing costs.  

To comply with the City's Corporate Strategic Plan objective of financial sustainability, through the 2024 City Budget process, Council considered a plan to restore Committee of Adjustment application fees to the levels recommended through the 2022 Fee Review over a period of three years (2024-2026).

On April 1 2024, the City implemented a 10 percent increase to both Minor Variance and Consent application fees. Cost of Living Adjustments (4 percent in 2025) were applied as usual to Committee of Adjustment fees on January 1, 2025.

The 2024 Review shows that the cost of processing Minor Variance and Consent applications has increased since the 2021 Review, resulting in an average annual under-recovery of approximately $13.0 million. Through the upcoming Committee of Adjustment Service Delivery Model Review (anticipated in Q3 2025), staff may recommend further changes to Minor Variance and Consent application fees, as well as organizational structure, process and technology improvements that impact Minor Variance and Consent application fees. Committee of Adjustment fees will be reconsidered through a follow-on Fee Review.  

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact section.

The Deputy City Manager, Development and Growth Services, recommends that:  

Toronto Builds Policy Framework

1. City Council approve the Toronto Builds Policy Framework as outlined in this report, to harmonize the development of a range of rental homes and mixed-income communities on public land, and apply this framework to all projects on City-owned land listed in Attachment 1 to this report (dated May 1, 2025), (collectively, the “Toronto Builds Portfolio”) and any future City-owned housing development sites added to the Toronto Builds Portfolio (each a “Toronto Builds Project”) in accordance with Item 6 below.

2. City Council request the Board of CreateTO to consider adopting the Toronto Builds Policy Framework described in this report to guide the redevelopment of public land managed by its holding corporations, Build Toronto and Toronto Port Lands Corporation.  

3. City Council request the Board of Toronto Community Housing Corporation to consider adopting the Toronto Builds Policy Framework described in this report to guide TCHC revitalization projects on its land where a development partner has not been selected.

4. City Council direct the Deputy City Manager, Development and Growth Services to report to City Council by the third quarter of 2025 with a proposed delivery and governance framework to implement the policy direction in this report and deliver Toronto Builds Projects, including alignment of mandate, roles, and responsibilities across City Divisions, CreateTO, and Toronto Community Housing Corporation.

5. City Council direct the Deputy City Manager, Corporate Services and request the Board of CreateTO to direct the Chief Executive Officer, CreateTO, when assessing new development and/or redevelopment opportunities on land owned by the City to first consider inclusion of the site in the Toronto Builds Portfolio to develop and/or co-locate a range of new rental housing while also considering market conditions and other City building priorities.

6.City Council authorize the Executive Director, Housing Development Office and the Deputy City Manager, Corporate Services, to add or remove development sites to or from the Toronto Builds Portfolio, subject to the concurrence of the applicable City Agency or Corporation with the decision as described in Parts 2 and 3 above, where the land is owned by a City Agency or Corporation.

7. City Council direct the Executive Director, Housing Development Office, to report to City Council annually on properties included in the Toronto Builds Portfolio, including any changes, additions, or removals arising from program and project due diligence.

8. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks and Recreation, to permit, where applicable, entering into licences or other arrangements for up to ten (10) years, at nominal value in respect of new or existing parkland, or to waive in full the following fees for requests directly related to Toronto Builds Projects that are to be offered for development solely to the non-profit sector, and are subject to a City-initiated re-zoning: 

a.    all fees related to tieback encumbrances which impact new or existing parkland and construction staging which impacts new parkland and 

b.    crane swing agreements over any new or existing parkland. 

9. City Council waive in full all application and permit fees required under City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, and City of Toronto Municipal Code Chapter 441, Fees and Charges, for Street Work Permits and Temporary Street Occupation Permits for Toronto Builds Projects that are to be offered for development solely to the non-profit sector, and are subject to a City-initiated re-zoning. 

10. City Council direct the Deputy City Manager, Development and Growth Services, in consultation with the General Manager, Parks and Recreation and Chief Planner and Executive Director, City Planning, to report back on amendments to the City of Toronto Municipal Code, Chapter 415, Development of Land, Article VI, to exempt Toronto Builds Projects from the application of parkland dedication requirements and payment of community benefits charges.

11. City Council direct the Chief Financial Officer and Treasurer, in consultation with Deputy City Managers of Development and Growth Services and Corporate Services, to ensure that capital funding for all community amenities, facilities, city-building and civil infrastructure required as part of Toronto Builds Projects are included in the relevant Divisional budgets and considered by City Council for approval as part of the annual budget process.

Partnerships and Intergovernmental Requests

12. City Council request the Executive Director, Housing Secretariat, to engage with Indigenous and community housing sector partners including Miziwe Biik Development Corporation, the Toronto Alliance to End Homelessness, the Community Transformation Centre, and Cooperative Housing Federation of Toronto, to facilitate the inclusion of Indigenous and community housing providers in the development and delivery of Toronto Builds Projects and build the capacity of the sector.

13. City Council direct the Executive Director, Housing Secretariat in consultation with the Executive Director, Corporate Real Estate Management, to consider options for the conveyance, for nominal value, of City-owned land to Indigenous non-profit organizations, to advance the City’s commitment to truth, justice and reconciliation and report back to City Council with any authorities required to undertake the conveyance.

14. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City of Toronto, a non-binding Memorandum of Understanding with the Toronto District School Board, as represented by its Manager and Agent, Toronto Lands Corporation, substantially on the major terms and conditions set out in Attachment 2 to this report to advance mutually beneficial City-building solutions and on such other or amended terms and conditions acceptable to the Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor.

15. City Council exempt up to 2,100 affordable rental housing units subject to the non-binding Memorandum of Understanding referenced in Part 14 above, to be constructed on lands owned by Toronto District School Board, from the payment of development charges, parkland dedication requirements, community benefits charges, if not exempted by provincial legislation, and planning application and building permit fees.

16. City Council authorize the Executive Director, Housing Secretariat, and Executive Director, Housing Development Office, to negotiate and enter into, on behalf of the City, any agreements or documents necessary including municipal housing facility agreements, with Toronto District School Board, or a related entity, as represented by its Manager and Agent, Toronto Lands Corporation to secure the financial assistance for the affordable housing to be developed on lands owned by Toronto District School Board, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor.

17. City Council request the Government of Canada to join the City and launch a Canada-Ontario-Toronto (COT) Builds program to align land, funding, financing, approvals, and partnerships across all three orders of government to build more affordable and purpose-built rental housing in new development and revitalization projects, including:

a.    Provide a portfolio-based allocation of $150 million in funding and $5 billion in low-cost financing for 26 rental housing projects in Toronto, including City-led projects on public land and City-supported non-profit projects, starting construction within the next two years.

b.    Align Federal land initiatives, including Build Canada Homes, for sites in Toronto with the Toronto Builds program and with CMHC funding and financing programs to realize objectives of COT Builds to build more homes faster

c.     Through the COT Builds partnership, explore innovative ways to expand and accelerate supply, for example through providing loan guarantees, preferential financing rates and flexible funding for non-market led development projects

18. City Council request the Government of Ontario to join the City and launch a Canada-Ontario-Toronto (COT) Builds program to align land, funding, financing, approvals, and partnerships across all three orders of government to build more affordable and purpose-built rental housing in new development and revitalization projects, including:

a.    Align Provincial land initiatives for sites in Toronto with the Toronto Builds program and CMHC funding and financing programs to realize objectives of COT Builds to build more homes faster

b.    Provide sufficient funding to enable the City to indefinitely defer development charges on purpose-built rental homes within projects eligible under the Rental Housing Supply Program to unlock the remaining $4.75 billion out of $7.3 billion in federal financing commitment that has been set aside for the City of Toronto over the next three years, conditional on the City receiving provincial support.

Advancing Three Toronto Builds Projects in 2025

19. City Council direct the Deputy City Manager, Development and Growth Services, Deputy City Manager, Corporate Services, and the Chief Financial Officer and Treasurer to approve, in accordance with the Toronto Builds Policy Framework, a business case and market offering process for the Toronto Builds Projects at 970 Kipling Ave. (Bloor-Kipling Block 5), 158 Borough Drive, and 931 Yonge Street, provided that the Executive Director, Housing Secretariat, Executive Director, Housing Development Office, and the CreateTO Board of Directors concur with the proposed business case and market offering process.

20. City Council request the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Housing Secretariat, and Executive Director, Housing Development Office, to administer the market offering process for the sites referenced in Part 19 above, and to expedite the market offerings where possible, such as through utilizing its existing pre-qualified Broker, and to select proponents and negotiate the leases and other agreements for the project (other than the City Contribution Agreement in Part 26 below) with them in accordance with the terms of the approved business case and market offering process.

21. City Council request the Chief Executive Officer, CreateTO and Executive Director, Housing Secretariat, and Executive Director, Housing Development Office, in consultation with the Chief Financial Officer and Treasurer, to allow, as part of the market offering process described in Part 19 above, proponents to request an indefinite deferral of development charges for the purpose-built rental housing units in the Toronto Builds Projects where proponents can demonstrate the deferral would contribute to greater affordable housing outcomes, or support achieving other policy priorities of the Toronto Builds Policy Framework, and report back to City Council with the outcome and to seek any additional authorities that may be required to provide these incentives, prior to any lease or other agreement being approved as contemplated in Parts 22 and 24 below.

22. City Council authorize the Deputy City Manager, Corporate Services, when transacting with for-profit developers and/or operators in relation to the three Toronto Builds Projects identified in Part 19 above, to approve market value transactions, including leases and related transaction agreements for a term of up to 99 years  for the purpose of achieving the City's affordable housing objectives, notwithstanding that the related values may exceed the Deputy City Manager, Corporate Service’s existing delegated authority of $5 million dollars, as set out in Municipal Code Chapter 213, Appendix A, provided that the Executive Director, Housing Development Office concurs with the proposed transaction terms.

23. City Council authorize, in relation to transactions contemplated in Part 22 above, the Deputy City Manager, Corporate Services, to treat the estimated value of the affordable housing benefits that will be realized by the City as compensation received by the City when assessing whether a proposed overall transaction arrangement reflects market value.

24. City Council authorize the Deputy City Manager, Corporate Services, when transacting with non-profit developers and/or operators in relation to the three Toronto Builds Projects identified in Part 19 above, to approve transactions at nominal or less than market value, including leases and related transaction agreements for terms of up to 99 years  for the purpose of achieving the City's affordable housing objectives, provided that the Executive Director, Housing Development Office concurs with the proposed transaction terms.

25. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Executive Director, Housing Development Office and the Chief Financial Officer and Treasurer, to provide the financial incentives available to eligible rental units under the City’s Rental Housing Supply Program, including exemptions from development charges, parkland dedication, and community benefits charges, where not exempted by Provincial legislation, and waivers of planning application and building permit fees, for up to 504 eligible rental housing units under the Rental Housing Supply Program to be developed in projects referenced in Part 19 above.

26. City Council authorize, severally, the Executive Director, Housing Secretariat and the Executive Director, Housing Development Office, to negotiate and enter into, on behalf of the City, municipal housing project facility agreements (the City's Contribution Agreement) with the proponents chosen through the market offering process for each of the three Toronto Builds Projects referenced in Part 19 above to secure the financial assistance being provided and set out the terms of the operation of the affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and Executive Director, Housing Development Office, and in a form approved by the City Solicitor. 

27. City Council authorize, severally, the Executive Director, Housing Secretariat and Executive Director, Housing Development Office, or their designate, to execute, on behalf of the City, any security or financing documents required by the developers and/or operators of Toronto Builds Projects referenced in Part 19 above and for projects approved for financial incentives under the City’s Rental Housing Supply Program to secure construction and conventional financing and subsequent refinancing, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the City’s Contribution Agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

28. City Council authorize, severally, the Deputy City Manager, Corporate Services, the Executive Director, Housing Development Office, and the Executive Director, Corporate Real Estate Management, to execute, on behalf of the City, any documents arising in relation to the exercise of the approval authorities set out in Parts 22 and 24 above, subject to such documents being in a form satisfactory to the City Solicitor.

29. City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Executive Director, Housing Development Office, to provide any consent necessary to encumber the Toronto Builds Projects referenced in Part 19 above or the affordable rental housing portion thereof, and to negotiate and enter into any associated agreements or other documents required to deliver any of the Toronto Builds Projects or the affordable rental housing portion thereof, on terms and conditions satisfactory to them and in a form approved by the City Solicitor.

30. City Council authorize the Executive Director, Housing Secretariat, to amend the Request for Proposals for the Parkdale Hub – West Block (Block A) to remove the requirement that 10 percent of the affordable housing units be rented at no more than 40 percent of average market rent.

Toronto is facing an evolving housing crisis, impacting housing affordability for low-income, vulnerable residents including people experiencing homelessness, as well as key workers and middle-income earners. In recent years, City Council has taken significant action on housing, notably approving a whole-of-government response and range of strategic, program, and policy directions through Item EX9.3 - Advancing a Generational Transformation of Toronto's Housing System to Urgently Build More Affordable Homes. City Council also increased the HousingTO 2020-2030 Action Plan (“HousingTO Plan") target to approve 65,000 rent-controlled homes (comprised of 6,500 rent-geared-to-income (RGI), 41,000 affordable rental and 17,500 rent-controlled market homes) by 2030.

Effectively mobilizing the public land is necessary to achieve the targets in the HousingTO Plan. Through EX9.3, City Council identified almost 100 sites owned by the City or its Agencies and/or Corporations (hereafter referred to as “City lands” or “City sites”) that are ready to be mobilized to build new homes, or show potential as housing development sites subject to due diligence. This report proposes a new policy framework to guide the development of a range of new rental homes within mixed-income communities on City land (the “Toronto Builds Policy Framework”). Through this Framework, a set of policy requirements and targets will be established to harmonize a range of existing City programs and ensure Council’s housing priorities including to deliver rent-geared-to-income, affordable, and rent-controlled homes, are realized on City land. To support alignment across City Divisions, Agencies, and Corporations, this report requests the Board of CreateTO and Board of TCHC to consider the Toronto Builds Policy Framework when advancing housing developments on public land, including new developments and revitalization projects.

Historically, the development of City land for affordable housing has been facilitated through different programs such as Housing Now, the Modular Housing Initiative, ModernTO, the City-wide Real Estate Program, TCHC Revitalizations, the public developer model, and through tri-government investment in waterfront revitalization.

These programs have included a wide variety of eligibility criteria and requirements, leading to inconsistency and a lack of clarity in direction when City land is mobilized for housing. The Toronto Builds Policy Framework responds to this need for greater consistency by:

·       Establishing a harmonized policy framework when delivering a range of housing on City land, whether the projects are advanced through City Divisions, CreateTO, or TCHC, including with private sector or non-profit organizations as developers and/or operators;

·       Providing flexibility that responds to challenging market conditions which vary across Toronto and impact the financial viability of new affordable housing developments;

·       Ensuring housing developments on City land continue to create mixed-income and complete communities while prioritizing delivery of a range of rental homes (including rent-geared-to-income, affordable, rent-controlled and market rental homes); and

·       Creating a foundation for future intergovernmental partnership focussed on mobilizing public land for housing, and a call to action to federal and provincial governments to join the City in responding to the housing crisis through a tri-government Canada-Ontario-Toronto Builds program.

As detailed in this report, the Toronto Builds Policy Framework establishes policies in 12 key areas to guide the development of new housing on City land. The proposed framework is built on lessons learned through difficult economic conditions since 2020 that have reduced the financial viability of new affordable housing developments. The Deputy City Manager, Development and Growth Services will report to City Council by Q3 2025 with a proposed program delivery and governance approach that provides additional information for Council on the implementation of the framework outlined in this report. This will include updates on a Master Services Agreement between the City and TCHC and CreateTO, respectively, and on the creation of the new Housing Development Office.

Subject to City Council approval, and consideration by the relevant City Agencies and Corporations, the Toronto Builds Policy Framework will be applied to all housing projects on City land listed in Attachment 1 to this report (each being referred to as a “Toronto Builds Project”). This report authorizes relevant City staff to add or remove sites from the Toronto Builds Portfolio as a result of ongoing due diligence on potential housing projects. It also directs staff to first consider inclusion of new housing development opportunities in the framework when assessing City real estate, including where there may be co-location opportunities with other uses such as recreation centres, community amenities, or shelters.

This new policy framework will apply on a go forward basis, maintaining existing direction for housing sites where a market offering has completed or development agreements have been signed. This report also requests Council authority to release three development sites under the Toronto Builds Policy Framework in 2025 through a market offering process. These projects will create approximately 1,523 new rental homes, including 503 affordable rental homes, at 970 Kipling Ave (Bloor-Kipling Block 5), 158 Borough Dr., and 931 Yonge St. Additional information and authorities to deliver future Toronto Builds sites will be provided in the Q3 governance and delivery report to Council.

Achieving Toronto’s ambitious housing supply targets requires a whole of government and whole of community approach. This report demonstrates the importance of partnerships across public sector organizations as it recommends the City enter into a non-binding Memorandum of Understanding (MOU) with Toronto District School Board, as represented by its Manager and Agent, Toronto Lands Corporation to support the redevelopment of up to eight potential housing sites that could deliver over 10,000 new rental homes, including 2,100 affordable rental homes. This MOU will advance shared priorities of the City and TDSB in leveraging public land, including existing TDSB properties, for mixed-use redevelopment, to create mutually beneficial solutions that build more rental homes and new schools along with enhancing community services and amenities.

This report also reiterates Council’s previous requests that the federal and provincial governments join the City in a Canada-Ontario-Toronto Builds program that would align public land, funding, financing, partnerships, and approval processes to build more rental homes affordable to a range of residents. The Toronto Builds Policy Framework lays the foundation for this proposed partnership and demonstrates the City’s leadership in readying its lands through a flexible framework that can be enhanced by participation from provincial and federal partners.

Toronto Builds Policy Framework

Delivering new affordable and rental homes to meet the City’s HousingTO Plan’s targets requires tri-government partnership and investment to align land, funding, financing, and delivery with a shared focus on getting new homes built faster. The Toronto Builds Policy Framework establishes the City’s commitment to prioritize mobilizing its own land through leases, including at nominal and/or below-market rent. The proposed policy framework also aligns with the recently adopted Rental Housing Supply Program to ensure projects are eligible for City funding and financial incentives for eligible rental homes.

The financial impact of achieving proposed policy requirements on each of the Toronto Builds Projects will be evaluated on a case-by-case basis, based on the unique requirements and development potential of each project. The Deputy City Manager, Development and Growth Services, will report to City Council by Q3 2025 on the delivery and governance approach of Toronto Builds, including with more information on the process to request Council approval and keep Council informed of the financial impact of individual projects.

Council has previously approved policies to support the financial viability of Housing Now projects, and this report recommends that City Council extend these financial incentives to the Toronto Builds Policy Framework. This includes direction that amendments be made to Charter 415 of the Municipal Code to exempt all residential components of Toronto Builds projects from parkland dedication requirements and payment of community benefits charges. This also includes approval to waive a range of City development fees (e.g. tieback encumbrances, crane swing agreements, and temporary street occupation permits) for projects that are to be offered for development solely to the non-profit sector and are subject to a City-initiated rezoning process. As with other financial incentives towards affordable housing, these are not a direct funding contribution and represent foregone revenue.

City Investments to Deliver Three Toronto Builds Projects in 2025

This report requests Council authority to proceed with the market offering for three projects in 2025 under the Toronto Builds Policy Framework. The land value contribution on each of these projects will be determined in the business case, and depends on various factors such as development size, affordable housing ratio, market rents and land values at the time of offering, and the cost of any additional city building objectives.

Through Items CC21.3 and EX1.1, City Council has previously approved approximately $32.2 million in financial incentives (including exemption from development charges, parkland dedication, waiver of planning and building permit fees, and exemption of property taxes) to support the delivery of 193 affordable rental homes at 970 Kipling Ave (also known as Bloor-Kipling Block 5) and 229 affordable rental homes at 158 Borough Dr. This report recommends that those incentives be provided under the terms of the Rental Housing Supply Program and the Toronto Builds Policy Framework, and that City Council approve financial incentives under the Rental Housing Supply Program for the project at 931 Yonge St. (specifically planning application and building permit fees, as other charges will be exempted provincially due to provisions of the Development Charges Act). Approval of property tax exemptions will be requested from Council once the successful proponent is identified.

These financial incentives will be included within the market offering process for the three projects. In addition, this report recommends the market offering process allow proponents to request an indefinite deferral of development charges for the purpose-built rental housing units in the Toronto Builds project. The intent of this approach is to determine interest among proponents to receive these incentives and assess the impact of this additional incentive on the delivery of affordable housing objectives. All proponents will be eligible to request this incentive and will be required through the market offering process to demonstrate how the indefinite deferral contributes to greater affordable housing outcomes or supports achieving other policy priorities of the Toronto Builds Policy Framework, such as rent control.

Following the market offering process, City staff will report to Council on the outcome of the assessment of any requests for indefinite development charge deferrals. Any request for authority from Council to provide this incentive as part of the report back will be subject to the Executive Director, Housing Secretariat, Executive Director Housing Development Office, and Chief Financial Officer and Treasurer, being satisfied that the indefinite deferral supports achieving the policies of the Toronto Builds Policy Framework, and prior to the approval of any lease or other agreement with the proponent as described in Recommendations 22 and 24 above.

Intergovernmental Funding and Financing Required to Deliver Toronto Builds

As part of this report, staff are recommending City Council reiterate previous requests to the federal and provincial governments to establish a Canada-Ontario-Toronto Builds (COT Builds) program, modelled on a similar program negotiated between the federal and provincial governments in British Columbia (called BC Builds). The recent announcement of an agreement in principle between the City and federal government to allocate $2.55 billion in low-cost financing for seven projects in Toronto is an important step towards realizing the COT Builds program.

To effectively deliver thousands of rental homes across the portfolio of priority projects in the City, including on City-owned land, this report recommends City Council request a portfolio-based allocation of $5 billion in low-cost financing from Canada Mortgage and Housing Corporation. In addition, to ensure the affordable rental homes in these projects are delivered, $150 million in funding towards affordable homes is also required. This will support 26 rental housing projects, including 20 on City land and four on land owned by non-profit organizations, to begin construction on over 13,000 new rental homes within the next two years.

Establishing a predictable, stable portfolio of funding and low-cost financing for the City through federal and/or provincial housing programs will continue to be a key objective of City staff in working with other orders of government to realize the COT Builds proposal.

Memorandum of Understanding (MOU) with Toronto District School Board (TDSB)

Through this report, City staff are requesting Council authorization to enter into a Memorandum of Understanding (MOU) with TDSB as represented by its Manager and Agent, the Toronto Lands Corporation (TLC).  Per the major terms and conditions of the MOU (outlined in Attachment 2), the City and the TDSB are working together to mobilize TDSB-owned lands in support of mutual community-focused priorities, including affordable housing and the delivery of new schools and community amenities.

To support TDSB-led redevelopment initiatives, the City will work with TDSB, as represented by its Manager and Agent, TLC on a site-by-site basis to support TDSB in addressing the financial impact of delivering affordable housing on their land. In addition to prioritizing the review of TDSB-led development applications, the City will support the delivery of up to 2,100 affordable rental homes through exemptions from development charges, community benefits charges and parkland dedication requirements, as well as building permit and planning application fees (as per the Development Charges Act, 1997 or the Rental Housing Supply Program). The waivers are not a direct payment from the City but rather forgone revenues. The estimated value of all exempted fees and charges including those arising from Provincial legislation is in Table 2 below.

Table 2: Estimated Financial Impact of MOU with TDSB

*Includes estimated planning application fees of $1,651,878 and building permit fees of $2,307,564 using 2024 rates

Subject to future Council approval, the City will exempt the affordable rental homes from property taxes for the duration of affordability (at least 40 years and up to 99 years).

Staff are recommending this approach to support the TDSB MOU as it acknowledges a shared commitment to advancing affordable housing and school building initiatives with broader community-benefit outcomes. Through the implementation of the MOU, there is an opportunity to identify additional TDSB properties with potential for mixed-use redevelopment. Staff will report back to Committee and Council on these new opportunities and additional affordable housing outcomes that can be achieved.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information. 

The Deputy City Manager, Development and Growth Services, recommends that:  

1. Planning and Housing Committee receive this report for information.

Toronto is facing an evolving housing crisis, impacting housing affordability for low-income, vulnerable residents including people experiencing homelessness, as well as key workers and middle-income earners. City Council has taken significant action to expand the City’s response to this crisis, notably increasing the City’s HousingTO Action Plan targets and approving a whole-of-government response and range of strategic, program, and policy directions through Item EX9.3 - Advancing a Generational Transformation of Toronto's Housing System to Urgently Build More Affordable Homes.

Effectively mobilizing the City’s land is necessary to achieve the targets in the HousingTO Plan. Through EX9.3, City Council has identified almost 100 City-owned or controlled sites that are ready to be mobilized to build new homes or show potential as housing development sites subject to due diligence. Through EX9.3 and EX7.2, Council has also directed City Divisions, Agencies and Corporations to create greater alignment of resources, mandate, and structure to achieve the City’s expanded HousingTO targets.

This report responding to this direction and proposes a new policy framework to guide the development of affordable and rental homes within mixed-income communities on City land (the “Toronto Builds Policy Framework”). A supplementary report will be provided in time for the Planning and Housing Committee meeting on May 8, 2025.

Further information on financial impacts will be outlined in the forthcoming supplementary report.

The Chief Planner and Executive Director, City Planning recommends that:

1. The Planning and Housing Committee endorse the contents of this report and the proposed work plan as the basis for public consultation, and request staff report back with final recommendations by the first quarter of 2026.

Commercial vehicles are a familiar sight on Toronto's streets and highways. They include the buses that transport residents all over the city, the delivery trucks that deliver goods, and the construction vehicles that haul the necessary materials to build housing.

Since its adoption by City Council in 2013, Zoning By-law 569-2013 has prohibited commercial vehicles from parking outside of a building in the Residential and Residential Apartment Zone categories. The current regulations were carried over from the former municipal zoning by-laws during the harmonization of the city-wide Zoning By-law. In 2022 and 2024, staff were requested by City Council (MM43.12 and PH12.8, respectively) to review the zoning regulations restricting outdoor parking for commercial vehicles in residential areas. City Council requested staff give appropriate consideration to:

- the needs for vehicle operators to have convenient parking for commercial vehicles available near their residence; and

- the impacts of COVID-19 on working arrangements.

This report provides an overview of the policy and legislative context affecting commercial vehicles; summarizes the policies and regulations that apply in the City of Toronto and other Canadian jurisdictions; identifies issues and opportunities; and sets out a proposed workplan to identify opportunities to sensitively amend the regulations to better address and balance the transportation needs of workers, neighbours, and businesses.

Should Planning and Housing Committee endorse the contents of this report and workplan, staff will undertake further analysis, stakeholder consultation, and will report back by Q1 2026 with final recommendations, including potential changes to the Zoning By-law.

City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Chief Planner and Executive Director, City Planning and Executive Director, Environment, Climate and Forestry recommend that:

1. The Planning and Housing Committee request the Chief Planner and Executive Director, City Planning to use the proposed amendments to Official Plan Neighbourhood and Apartment Neighbourhood Policies, attached as Attachment 1 to this report, as the basis for public and stakeholder consultation and to bring forward final recommendations in the fourth quarter of 2025.

2. The Planning and Housing Committee request the Chief Planner and Executive Director, City Planning to use the proposed amendments to the City-wide Zoning By-law 569-2013, attached as Attachment 2 to this report, as the basis for public and stakeholder consultation and to bring forward final recommendations in the fourth quarter of 2025.

3. The Planning and Housing Committee request the Executive Director, Environment, Climate and Forestry, to report on amendments to Chapter 813 (Trees) of the Toronto Municipal Code, and any other relevant chapter of the Municipal Code, that may be required to implement the recommendations identified in Recommendations 1 and 2 above, in consultation with the Chief Planner and Executive Director, City Planning and the City Solicitor.

Trees are a critically important asset to address biodiversity loss and the climate crisis, and contribute to the development of attractive, livable and healthy neighbourhoods. New infill housing is important to help address Toronto's housing crisis and requires proactive solutions to ensure the city's existing tree canopy is supported and that there is growing space for trees as new housing is built.

This report identifies proposed Official Plan and City-wide Zoning By-law amendments for consultation in response to Council direction to report on strategies to protect and enhance the city's tree canopy while also supporting infill housing. The report also responds to Council direction to report on strategies to address the impacts on the tree canopy and water management associated with iceberg homes - houses which exhibit a larger below grade footprint than their above grade footprint or with large multi-storey basements.

This report also provides information on implementation of municipal tree protection by-laws, including application requirements and processes for Committee of Adjustment applications, and impacts to trees and growing space of the City's Expanding Housing Options in Neighbourhoods (EHON) initiative. The results of the stakeholder consultation on proposed directions are described, with the final report back with recommended policy and zoning changes proposed for the fourth quarter of 2025.

The City Planning and the Environment, Climate and Forestry divisions confirm that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years. Staffing resources and expertise needed to advance the due diligence required, and to support enabling work of any of the proposed strategies outlined in the report will be accommodated within the existing approved budgets for relevant City Divisions.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial implications as identified in the Financial Impact section.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council affirm its decision to state its intention to designate the property at 3100 Weston Road under Part IV, Section 29 of the Ontario Heritage Act as set out in Council Decision PH18.16 on February 5, 2025.

2. City Council authorize the City Solicitor to introduce the bill in City Council designating the property at 3100 Weston Road under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council affirm its decision of February 5, 2025 (PH18.16), stating its intention to designate the property at 3100 Weston Road (the subject property) under Part IV, s. 29 of the Ontario Heritage Act (OHA).

City Council has until June 8, 2025, which is 90 days from the date of the end of the objection period, to decide on this objection as per the timeline under the OHA. Therefore, this matter must be considered at the May 21-23, 2025 meeting of

City Council, otherwise, the Notice of Intention to Designate the property will be deemed withdrawn under the OHA, unless a written waiver of the timelines is provided by the owner.

The City has received an objection to the notice of intention to designate within the statutory timeline from LHC Heritage Planning and Archaeology Inc. (LHC), on behalf of the property owner. A copy of the notice of objection is included as Attachment 1 to this report. In the objection letter, LHC states that the owner and LHC acknowledge the cultural heritage value or interest of the subject property and that the list of attributes outlined in the Statement of Cultural Heritage Value (Reasons for Designation) is consistent with LHC heritage evaluation, but raises procedural concerns related to Recommendation 3 of City Council's decision of February 5, 2025.

The Council recommendation directs staff to evaluate the entirety of the property for potential future amendments to the designation by-law. This present staff report clarifies that a Council recommendation for future work is unrelated to the designation by-law currently before Council and staff outline the mandated amendment process and procedures of the OHA that the City would be required to undertake in that regard. 

The property owner requests that the designation of the subject property be deferred to allow for additional discussion with City Staff and LHC, however the nature of the discussion is not identified in the objection letter and the owner's heritage consultant concurs with the values and attributes as set out within the designation under consideration. As such, staff are of the opinion that there is no basis to recommend deferral.

Staff have reviewed the objections and remain of the opinion that the property at 3100 Weston Road has cultural heritage value and meets six of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the OHA. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, s. 29 of the Act, staff are of the opinion that this property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.

City Planning confirms there are no financial implications resulting from the adoption of this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Chief Planner and Executive Director, City Planning recommends that:

1. City Council state its intention to designate the property at 450 Rustic Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 450 Rustic Road (Reasons for Designation) attached as Attachment 1, to the report dated April 16, 2025, from the Chief Planner and Executive Director, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 450 Rustic Road under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance which includes a description of heritage attributes found in Attachment 1.

The subject property at 450 Rustic Road is located on the north side of Rustic Road, south of Highway 401, and west of Keele Street. A location map and current photographs of the heritage property are found in Attachment 2.

The property at 450 Rustic Road contains a rare Pre-Confederation houseform building composed of two sections, the original circa 1843 modest-sized rural dwelling with Georgian styling and a circa 1855 expansion that evolved the dwelling into a grand farmhouse into the more ornate Italianate architectural style.

The building was associated with the Bull family for over 83 years. The house was constructed for John Perkins Bull (1822-1902), a local Justice of the Peace and a Deputy Reeve for York Township, as his residence. While the subject property that contains the house was sold in 1886, it was not until 1913 that the Bull family sold the remaining six acres of the 200-acre property, which Bartholomew Bull (1791-1879) purchased in 1830, from the estate of Robert J.D. Gray, the Crown Grantee. Known as "Downs View House", the historic structure is oriented eastwards towards Keele Street, which was the property's original entry point. The community of Downsview was named after this landmark property.

Since the 1960s, the subject property operated as a nursing home. The property contains a late-20th century, one-and two-storey institutional building, which extends north on the property from the north elevation of the c.1843 wing. The North Park Nursing Home facility closed in 2024, and the property is vacant and currently for sale.

The subject property was recognized for its architectural and historical significance by the former municipality of North York in 1977 with its inclusion on the heritage inventory and, following amalgamation, it was listed on the City of Toronto's Heritage Register on September 27, 2006, for its cultural heritage value or interest.

Bill 23 of the Ontario Heritage Act requires listed properties either be designated by a municipality or be removed from a Heritage Register by January 1, 2027.

The local Councillor requested Heritage Planning in June 2024 to research and evaluate the property due to concerns surrounding the closure of the nursing home and the expiration of the property's listing originally scheduled for January 1, 2025.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event. A prescribed event is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

Staff have determined that the property at 450 Rustic Road has cultural heritage value and meets five of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. Designation also gives property owners access to City of Toronto heritage incentive programs.

City Planning confirms there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The Toronto Preservation Board recommends that:

1. City Council state its intention to designate the property at 450 Rustic Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 450 Rustic Road (Reasons for Designation) attached as Attachment 1 to the report (March 12, 2025) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

At its meeting on April 1, 2025 the Toronto Preservation Board considered Item PB30.1 and made recommendations to City Council.

Summary from the report (March 12, 2025) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

 
This report recommends that City Council state its intention to designate the property at 450 Rustic Road under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance which includes a description of heritage attributes found in Attachment 1.

The subject property at 450 Rustic Road is located on the north side of Rustic Road, south of Highway 401, and west of Keele Street. A location map and current photographs of the heritage property are found in Attachment 2.

The property at 450 Rustic Road contains a rare Pre-Confederation houseform building composed of two sections, the original circa 1843 modest-sized rural dwelling with Georgian styling and a circa 1855 expansion that evolved the dwelling into a grand farmhouse into the more ornate Italianate architectural style.

The building was associated with the Bull family for over 83 years. The house was constructed for John Perkins Bull (1822-1902), a local Justice of the Peace and a Deputy Reeve for York Township, as his residence. While the subject property that contains the house was sold in 1886, it was not until 1913 that the Bull family sold the remaining six acres of the 200-acre property, which Bartholomew Bull (1791-1879) purchased in 1830, from the estate of Robert J.D. Gray, the Crown Grantee. Known as "Downs View House", the historic structure is oriented eastwards towards Keele Street, which was the property's original entry point. The community of Downsview was named after this landmark property.

Since the 1960s, the subject property operated as a nursing home. The property contains a late-20th century, one-and two-storey institutional building, which extends north on the property from the north elevation of the c.1843 wing. The North Park Nursing Home facility closed in 2024, and the property is vacant and currently for sale.

The subject property was recognized for its architectural and historical significance by the former municipality of North York in 1977 with its inclusion on the heritage inventory and, following amalgamation, it was listed on the City of Toronto's Heritage Register on September 27, 2006, for its cultural heritage value or interest.

Bill 23 of the Ontario Heritage Act requires listed properties either be designated by a municipality or be removed from a Heritage Register by January 1, 2027.

The local Councillor requested Heritage Planning in June 2024 to research and evaluate the property due to concerns surrounding the closure of the nursing home and the expiration of the property's listing originally scheduled for January 1, 2025.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event. A prescribed event is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

Staff have determined that the property at 450 Rustic Road has cultural heritage value and meets five of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. Designation also gives property owners access to City of Toronto heritage incentive programs.

Councillor Gord Perks recommends that:

1. City Council increase the 2025–2034 Capital Budget and Plan for the Housing Secretariat by $1,500,000.00, for the purpose of funding the purchase of an affordable rental housing building in Ward 4 - Parkdale-High Park, fully funded by Section 37 community benefits from the following developments in Ward 4 - Parkdale-High Park:

a. $205,966.27 from 403 Keele Street (Source Account: XR3026-3701131);

b. $478,208.82 from 2706, 2708, 2710, 2720, and 2730 Dundas Street West (Source Account: XR3026-3701159); and,

c. $815,824.91 from 1182-1221 King Street West (Source Account: XR3026-3701180).

2. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute on behalf of the City a municipal capital facility agreement under the Multi-Unit Residential Acquisition Program with Housing Opening Today Toronto Inc. to secure the financial assistance referred to in Recommendation 1 above, on such terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form acceptable to the City Solicitor.

3. City Council authorize the Executive Director, Housing Secretariat, to provide the funding, inclusive of HST and disbursements, to Housing Opening Today Toronto Inc. to support the purchase of an affordable rental housing building in Ward 4 – Parkdale-High Park, subject to the funds being secured through an agreement as set out in Recommendation 2 above.

4. City Council direct that the use of Section 37 community benefits be prominently recognized in documents and promotional materials, including on any construction hoarding, in consultation with the Ward Councillor as a requirement within the agreement between the City and Housing Opening Today Toronto.

Housing Opening Today Toronto Inc. (HOTT) was previously approved for affordable rental housing acquisition funding for a total of thirty (30) units under the City’s Multi-Unit Residential Acquisition Program (MURA) through a 2024 Request for Proposals process. The MURA funding alone cannot fund the purchase of the larger thirty-eight (38) unit building, so the Section 37 funding proposed by this Motion is intended to fill the financial gap.

MURA provides financial support to non-profit community housing providers to purchase and preserve existing rental housing properties and operate them as affordable housing. The program secures much-needed affordable, stable and secure rental homes for a 99-year term. MURA includes funding of up to a maximum of $200,000.00 per apartment unit, as well as City incentives such as property tax relief and waivers of any related planning and building permit fees. Since the program’s launch in 2021, MURA has provided funding and incentives to support non-profit acquisition of 34 properties, projected to include over 1,000 affordable rental homes.