DURHAM REGION HOMEBUILDERS' ASSOCIATION
On April 24, 2020, the Government of Ontario took further action to support corporations, including condo corporations, co-operative corporations, businesses, and not-for-profits during the COVID-19 outbreak with amendments to Emergency Order O. Reg. 107/20.
The Emergency Order is in effect province-wide and retroactive to March 17, 2020, the day the Declaration of Emergency came into effect. The Emergency Order can be accessed here: https://files.ontario.ca/solgen-oic-meetings-for-corporations.pdf and will be available on e-laws shortly.
The Emergency Order was amended to:
1) Permit corporations governed under the Co-operative Corporations Act (CCA) and Condominium Act, 1998 (Condo Act) to hold meetings virtually, notwithstanding current requirements or restrictions;
2) Extend the time period in which corporations governed under the CCA and Condo Act must hold annual meetings; and
3) Address additional matters related to meetings for corporations under the Corporations Act (CA), Business Corporations Act (OBCA), Condo Act and CCA, such as the re-issuing of notices to hold a meeting virtually after a notice of meeting has already been sent, in certain circumstances, and, as applicable, the requirement to present financial statements at annual meetings within a specified period.
The order applies to requirements under the CA, OBCA, CCA, and Condo Act.
Questions related to Emergency Order O. Reg. 107/20 can be directed to Victoria Walker, Manager, Policy and Business Law Unit at Victoria.Walker@ontario.ca.
The Durham Region Home Builders' Association has been asked to join Oshawa's Economic Recovery Task Force, initiated by Mayor Dan Carter and chaired by Ward 2 City and Regional Councillor Tito-Dante Marimpietri.
The Association is being represented by executive officer Stacey Hawkins, who will attend (virtually for now) the bi-monthly meetings.
The purpose of the task force is to identify actions to support the needs of Oshawa businesses impacted by COVID-19 and how the City and businesses can work together to help the economy recover.
The task force is made up of members of the business community in Oshawa, and includes representatives from post-secondary institutions, public institutions, the business community and the development community.
If members have any comments, concerns or ideas they would like brought to the task force, please email them to Stacey at firstname.lastname@example.org.
Stacey may also be reaching out to members for feedback and information to bring back to the task force.
Today Prime Minister Justin Trudeau announced further details about the Canada Emergency Commercial Rent Assistance (CECRA) program.
The program has been designed to lower the rent of commercial properties by 75 per cent for affected small businesses, and it will be provided in partnership with the provinces and territories.
The basics of the program are that the rent will be covered by three entities:
The program will provide forgivable loans to qualifying commercial property owners to cover 50 per cent of three monthly rent payments payable by eligible small business tenants experiencing financial hardship during April, May and June. In order for the loans to be forgiven, the mortgaged property owner will have to agree to reduce the eligible small business tenants' rent by at at least 75 per cent for three months under a rent forgiveness agreement. The agreement will also include a pledge not to evict the tenant while the agreement is in place.
Businesses that are expected to be eligible for the program include:
The program is expected to be operational mid-May and will be administered and delivered by Canada Mortgage and Housing Corp.
The annual Durham Region Home Builders' Association hard copy directory is now available for free for members.
The handy 2020 DRHBA Membership Directory lists all of DRHBA's members with contact information, as well as information about the Association.
Copies are available for free to current members.
For your copy, please email Katelyn at email@example.com with the number of copies you would like and the shipping address.
The Region of Durham is planning to introduce an amendment to their current development charge by-laws (Region-wide DC by-law #28-2018 and Transit DC by-law #81-2017) to waive the DC indexing for 2020.
In order to pass the amendment, the Region of Durham needed to complete two background studies, which can be viewed/downloaded here:
Region-wide DC Background Study
Regional Transit DC Background Study
Public Meeting of Council - May 27, 2020
Final Date for Public Comment - June 1, 2020 at 5:00 p.m.
Consideration of Final Amending By-law - June 24, 2020
Please send any comments to DRHBA by emailing Stacey at firstname.lastname@example.org.
On April 15, the government passed O Reg 149/20 made under the Planning Act for the "Special Rules Relating to Declared Emergency."
Earlier this week a "plain language" explanation of the regulation was published on the ERO by the provincial government.
Members are encourage to review the Amendments to the Planning Act and O.Reg 149/20 Special Rules Relating to Declared Emergency for clarity.
In the posting, MMAH explains that O.Reg 149/20 clarifies that O.Reg 73/20 under the Emergency Management and Civil Protection Act does not apply to land use planning timelines. The posting also makes it clear that municipalities may hold virtual public meetings and should they wish to make decisions on applications during this time, they are free to do so.
Members are also encouraged to consult with legal counsel as well as their respective municipality to determine how the new planning regulation may or may not affect their specific applications or appeals.
On Wednesday, April 15, 2020, the Town of Whitby released the most updated version of the Whitby Green Standard, the planning tool the Town is developing to help advance sustainable new development across the Town.
You can view the documents here
DRHBA's government relations (GR) committee has reviewed the documents and have found some items that members should be aware of. The Whitby Green Standard includes multiple tiers, and Tier 1 is mandatory.
The first, and most important, item that needs your attention is under the Performance Measures section, item ECC 1.7 - Building Energy Performance, which reads that for low-rise residential development, the criteria would be: "Design the building(s) to achieve at least ENERGY STAR® for New Homes, version 17 or R-2000 requirements." This criteria would require builders to build to better than code, and require more than what is mandated in the Ontario Building Code. Item ECC 1.6 - Building Energy Performance - for residential buildings four storeys or more and non-residential buildings, the criteria is "Design the building to achieve 15% improvement over OBC, SB-10, Division 3 (2017); OR TEUI, TEDI and GHGI targets by building type (required for Tier 2)."
DRHBA's team evaluated the entire Tier 1 Site Plan Application Checklist included in the documents, and feel that members should take note of the following items:
Equity and Local Economy: Creating safe, equitable places to live and work which support local prosperity and international fair trade.
ELE 1.1 - Affordable Housing
Culture and Community: Nurturing local identity and heritage, empowering communities and promoting a culture of sustainable living.
CC1.2 - Outdoor Amenity Space
CC1.3 - Cultural Heritage Resources
Land Use and Nature: Protecting and restoring land for the benefit of people and wildlife.
LUN1.4 - Tree Canopy
Sustainable Water: Using water efficiently, protecting local water resources and reducing flooding and drought.
SW1.2 - Residential Driveways and/or Parking Lots
Travel and Transport: Reducing the need to travel, and encouraging walking, cycling and low carbon transport.
TT1.12 - Bike Storage - Short Term
o Non-residential: 2.5% of peak visitors
o Multi-unit residential: 2.5% of peak visitors
o Retail: 2 spaces for every 465 sqm
o Mixed-use: See above requirements
Energy & Climate Change: Making buildings and manufacturing energy efficient and supplying all energy with renewables.
ECC1.3 - Passive Solar Orientation
ECC1.8 - Building Resilience - For residential buildings four storey or more and non-residential buildings
These mandatory criteria will apply to new applications submitted after June 2020 for draft plans of subdivision and Site Plans.
You can send your comments to the Town via an online survey no later than Friday, April 24.
The Town is also hosting a stakeholder consultation session on Wednesday, April 29 from 10 a.m. - noon. Please register here.
The Durham Region Home Builders' Association will also be submitting their comments to the Town.
New order issued to support people with mental health and addictions issues
TORONTO — On the advice of the Chief Medical Officer of Health, the Ontario government is extending all emergency orders that have been put in place to-date under s.7.0.2 (4) of the Emergency Management and Civil Protection Act until May 6, 2020. This extension will help protect the health and well-being of people across the province and stop the spread of COVID-19.
This Emergency Order extension includes the closure of outdoor amenities in parks and recreational areas, non-essential workplaces, public places and bars and restaurants, along with restrictions on social gatherings and limiting staff from working in more than one retirement home or long-term care home.
"We are making steady progress in our battle against this deadly virus, but we are not out of the woods by a long shot. It is absolutely necessary to extend these emergency orders to continue keeping all Ontarians safe and healthy," said Premier Doug Ford. "Every effort made by each of us to stay home, practise physical distancing and wash your hands has been, and will continue to be, the key to stopping the spread of this virus."
In addition, the government has introduced a new measure to allow mental health and addictions agencies to redeploy staff within different locations or between programs, and employ extra part-time staff, temporary staff or contractors in order to ensure people continue receiving the high quality care they expect and deserve during the COVID-19 outbreak. Agencies would be required to provide appropriate training and education to achieve the purposes of a redeployment plan.
MNP LLP has prepared a document to help employers and employees sort through the different benefit programs available during the COVID-19 pandemic.
This document includes information about the Canadian Emergency Wage Subsidy (CEWS), Temporary Wage Subsidy for Employers (TWS), Canada Emergency Response Benefit (CERB), Business Credit Availability Program (BCAP) and the Commercial Rent Assistance Program (CECRAP). The document also offers information on new income tax deadlines, the CRA My Business Account, and more.
View/download the document
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Durham Region Home Builders' Association is a 501(c)6 non-profit organization. 101C-1050 Simcoe Street North, Oshawa, ON L1G 4W5