BUILDING DURHAM

Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland Clarington Catholic District School Board passed their respective EDC bylaws on December 16, 2020.

The new rates will come into effect on January 1, 2021.

View/download KPRDSB Bylaw

View/download PVNCCDSB Bylaw 

 

Last week the provincial government passed legislative amendments to the Conservation Authorities Act and the Planning Act, as set out in the Budget Measures Act (Bill 229), which are intended to:

• Improve consistency and transparency of the programs and services that CAs deliver;         
• Provide additional oversight for municipalities and the province; and
• Streamline CA permitting and land use planning reviews to increase accountability, consistency and transparency.

A summary of the legislative amendments is below (from www.ero.ontario.ca/notice/019-2646):

• Revise the objects of CAs (i.e., the range of activities conservation authorities are allowed to undertake) to reflect the three categories of programs and services that the CA  is currently authorized to deliver under the Conservation Authorities Act over the area over which it has jurisdiction:
• 1. Core mandatory programs and services described above
  2. The programs and services which conservation authorities deliver on behalf of a municipality pursuant to a memorandum of understanding or agreement, and
  3. The programs and services that a conservation authority delivers to further the purposes of the Conservation Authorities Act
• Enable the minister to, by regulation, establish standards and requirements for the delivery of non-mandatory programs and services.
• Integrate the current power of a CA to “cause research to be done” with the CA’s current power to study and investigate the watershed in order to support the programs and services the conservation authority delivers.
• Remove the authority for CAs to expropriate lands. CAs would have the ability to request either the Province or a municipality expropriate land.
• Require CAs to follow generally accepted accounting principles.
• Require CAs to make key documents publicly available online.
• Have all municipal levy appeals be heard by the Local Planning Appeal Tribunal (LPAT).
• Require participating municipalities to appoint municipal councillors as CA members and that municipally appointed members generally act on behalf of their municipalities.
• Enable the minister to delegate some of their duties and powers under the Conservation Authorities Act, for example to a ministry official.

The province made further changes to the Conservation Authorities Act to streamline the role of CAs in permitting and land use planning as well to ensure timely decisions are made in relation to permits required under section 28 of the Act including:

• Authorize the Minister of MNRF to issue an order to take over and decide an application for a permit under section 28 of the Conservation Authorities Act in place of the CA.
• Allow an applicant, within 30 days of a CA issuing a permit, with or without conditions, or denying a permit, to request the minister to review the CA’s decision.
• Where the minister has taken over a permit application or is reviewing a permit decision by a CA, allow an applicant to appeal directly to LPAT where the minister fails to make a decision within 90 days.
• In addition to the provision to seek a minister’s review, provide the applicant with the ability to appeal a permit decision to LPAT within 90 days after the CA has made a decision.
• Where a permit is cancelled, allow the permit holder to appeal the cancellation to LPAT within 90 days.
• Allow applicants to appeal directly to LPAT where a CA fails to make a decision on section 28 permit applications within 120 days.
• Provide permit applicants with the ability to appeal permit fees charged by a CA to LPAT.
• Remove the un-proclaimed provisions for CAs to be able to issue stop work orders and retain the current enforcement tools, such as laying charges and potential court injunctions.

The provincial government also made an amendment to the Planning Act to add CAs to subsection 1 (2) of the Planning Act. This amendment makes CAs part of the Province’s one window planning approach. This means that a CA can not, as a public body under that Act, appeal a decision to LPAT or become a party to an appeal before LPAT. Municipalities and the Province can continue to work with CAs and rely on their advice and support where they want it during an LPAT appeal.

A number of additional amendments were made through the Standing Committee process, including a new section added to Schedule 6 that requires a CA to issue a permit when the Minister of Municipal Affairs and Housing issues Ministers Zoning Orders (MZO). Additional amendments regarding Board governance were made to ensure that at least 70% of CA appointees are selected from among the members of a municipal council as well as other amendments regarding stop work orders. Furthermore, amendments allow CAs to appeal or be party to an appeal as a public body, under certain provisions of the Planning Act in the context of prescribed natural hazards matters.

MECP will be posting additional regulatory proposals for public feedback in 2021 on a series of regulations and policies to further support the goals of the review of CAs. The Province is creating a working group to help implement changes to CAs. Hassaan Basit, President and CEO of Conservation Halton will chair the new group which will provide input on the development of proposed regulations under the Conservation Authorities Act, and on how CAs are governed.

While Durham Region is currently in the "Red" zone, it could be changed to "Grey/Lockdown" at any time.  Following a change in Regulation 82/20 (5.(1)), all businesses that are in the Grey/Lockdown level and remain open are required to have a COVID-19 Workplace Safety Plan in place. 

The province has made available a COVID-19 Workplace Safety Plan template, which you can use to create your own plan for your business.

In addition, OHBA has provided a slide deck from IHSA, Navigating COVID-19 Health and Safety through Winter, that offers great information to help keep your staff safe.

OHBA has also created a document that will guide you through creating a COVID-19 Workplace Screening Form.

As the new regulatory framework for HCRA and Tarion move to the February 1st date, both organizations have released documents outlining some new processes and policies.

HCRA has released:

1. Fees - Licensing Fee Schedule and *new* HCRA Regulatory Oversight Fee per enrolment of $145 per home. (Tarion is reducing their enrolment fee by $55 per home - net increase is $90 per home)
2. Guide to Good Conduct for Builders/Vendors
3. HCRA Licensing and Compliance Guidelines
4. Tarion Builder Bulletin Concordance Table
5. Common Definitions
6. HCRA Consumer Complaints Guidelines

HCRA also has a list of webinars they are hosting in January you can register for to get more information.

Visit Home Construction Regulatory Authority (HCRA) for more information.

Tarion has also launched a consultation on documents related to the February 1st HCRA role:

• Eliminating certain Builder Bulletins and updating others to address changes to Tarion's mandate following the launch of HCRA;
• Creating four new Registrar Bulletins;
• Developing new standardized Vendor and Builder Agreements to align with the new home enrolment process.
• Tarion will be renaming existing and new bulletins as "Registrar Bulletins" and re-numbering them to provide a coherent and sequential framework.

Learn more here: Tarion Seeking Feedback on New Agreements and Changes to Builder Bulletins.

The Town of Whitby has opened their second consultation phase and released more background information on their review.

The second phase of consultation opened on December 1 and will be closing on January 8, 2021.  This consultation period will cover the information included in staff report CS 50-20, including the draft capital forecast and draft rates.  This report also includes DRHBA's initial submission and the Town's response.

Proposed Timeline:

• February 11, 2021 - Development Charge Background Study completed
• March 8, 2021 - Statutory public meeting
• April 12, 2021 - Bylaw brought to council
• May 1, 2021 - New rates become effective

It should be noted that Whitby's current development charge bylaw does not expire until March 24, 2022.  As the Town is updating their bylaw one year early, DRHBA has asked for the timelines to be extended to allow for more fulsome discussion.

A snapshot of the proposed increase:

If you have any questions, comments or concerns, please contact Stacey.

The Town of Ajax has advised DRHBA that there was an error in the Development Charge Background Study Amendment related to the calculations used for determining the DC recoverable cost of growth-related studies.

The charge that was calculated in the original DCBS Amendment was understated.  As a result, the recoverable charge will increase.  For example: single and semi-detached dwelling rates will increase by $17 per unit.  The non-residential rate is unchanged.

An addendum to the study was prepared by the Town's consultants, Watson & Associates, to clarify and correct this error.  

The addendum is posted at: https://www.ajax.ca/en/inside-townhall/resources/Finance/Reports/2018-DCBS-Update---Addendum.pdf

On November 30th, the municipality of Clarington hosted a public meeting on their proposed new development charge bylaw.  The bylaw was scheduled to be voted on by council at the December 14th meeting.

However, as DRHBA and the municipality are currently involved in discussions surrounding the new bylaw, EO Stacey Hawkins requested at the meeting that the vote be postponed until the January 18th, 2021 council meeting.  This request was granted unanimously.

DRHBA will continue to work with stakeholders, Altus Group and the municipality of Clarington.  If any members have comments, concerns or questions regarding the proposed new development charge bylaw, please contact Stacey.

Background Study

The Durham Region Home Builders' Association was successful today in having a motion on Green Development Standards in the Region of Durham referred back to staff with instructions to collaborate with DRHBA passed at the Region's Finance and Administration committee meeting.

The initial motion was:

A) That Regional Council formally urge all local municipalities in Durham to adopt development standards similar to the Whitby Green Standard as the basis for addressing the sustainability of all new development across Durham Region; and

B) That Regional Council communicate this position to all other Regional governments in Ontario and urge them and their local municipalities to adopt similar green standards for new development.

The recommendation was for approval and subsequent recommendation to Regional Council.

In an effort to prevent the original from being approved and sent to council for approval, DRHBA submitted correspondence to the committee, and DRHBA president Johnathan Schickedanz provided a delegation.

Mayor Drew put forward the referral motion, which passed unanimously.

The item originated at the Durham Region Roundtable on Climate Change (DRRCC) meeting on November 20th.  At that meeting, former manager of sustainability at the Region of Durham Brian Kelly made a delegation regarding the Climate and Sustainability Program Update, specifically the Whitby Green Standard and the Corporate Climate Change Master Plan.

According to the minutes of the meeting, Mr. Kelly, "requested that the following recommendations with respect to the Whitby Green Standard be made to Regional Council:

• That DRRCC recommends that Regional Council formally urge all local municipalities in Durham to adopt the Whitby Green Standard as the basis for addressing the sustainability of all new development across Durham Region; and
• Furthermore, that DRRCC recommends that Durham Regional Council communicate this position to all other regional governments in Ontario and urge them and their local municipalities to adopt similar green standards for new development.

B. Kelly requested that the following recommendation with respect to the Corporate Climate Change Master Plan be made to Regional Council:

• That the DRRCC recommends that Regional Council adopt Tier 4 of the Whitby Green Standard and in particular net-zero energy performance as the design requirement for all future buildings constructed by and for the Region of Durham and its agencies, effective immediately."

In addition, Jade Schofield, project manager of sustainability and climate change for the Town of Whitby provided a presentation regarding the Whitby Green Standard.  After her presentation, a motion was moved and carried to have Ms. Schofield delegate to the Finance and Administration Committee about the Whitby Green Standards.

Further, the DRRCC recommended to the Finance and Administration Committee for approval and subsequent recommendation to Regional Council:

A) That Regional Council formally urge all local municipalities in Durham to adopt development standards similar to the Whitby Green Standard as the basis for addressing the sustainability of all new development across Durham Region; and

B) That Regional Council communicate this position to all other Regional governments in Ontario and urge them and their local municipalities to adopt similar green standards for new development.

This motion carried.