BUILDING DURHAM

The Ministry of Labour, Immigration, Training and Skills Development is updating its regulations related to crane usage and operation on construction sites,

Amendments to various crane-related provisions of O. Reg. 213/91 (Construction Projects) under the Occupational Health and Safety Act (OHSA) include:

• Clarifying or adding new design, installation, maintenance, inspection, and record-keeping requirements.
• Requiring more comprehensive inspections of tower cranes, including referencing the Professional Engineers of Ontario's practice standard for tower crane review, and clarifying and expanding the role and responsibilities of professional engineers in the design, erection, and inspection of tower cranes.
• Introducing new, and updating existing, references to relevant national and international standards relating to the design and operation of tower cranes.
• Addressing advances in technology, including adding and amending requirements that take into account specific operational needs for self-erecting tower cranes.
• Clarifying requirements for cables, slings and rigging that apply to all cranes and cover hoisting operations by other equipment.

Amendments to O. Reg. 420/21 (Notices and Reports Under Sections 51 to 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents) under the OHSA have also been approved. The amendments will add a new requirement for the Ministry to be notified of a failure to control a crane or a load, including any rigging failure, and for an engineer’s report on the cause of the incident. 

Most amendments will come into force on January 1, 2024. Other requirements, including those that may require equipment upgrades, will come into force on January 1, 2025, to provide stakeholders with additional time to comply with the changes. The Ministry held previous public consultations on proposed amendments relating to tower cranes and other cranes. These changes are driven by industry groups representing both management and labour, while ensuring red tape is kept to a minimum without compromising worker safety.

For more information on the amendments, please see the amending regulations O. Reg. 241/23 and O. Reg. 242/23. The amendments have been consolidated into the e-Laws version of O. Reg. 213/91 and O. Reg. 420/21. For more information on employer responsibilities under the OHSA, please review the OHSA webpage or contact the Ministry’s Health and Safety Contact Centre at 1-877-202-0008.

Members should be aware that the Ministry of Public and Business Service Delivery is seeking input on proposed measures related to new home purchase agreements and price escalations. A consultation has been launched accordingly with a due date of August 13^th.

The areas of focus for the consultation include,

1. Proposed limits on the amount by which a provision of a new home purchase agreement can permit prices to increase.
2. Proposed limits on the amount by which a builder can increase the price of a new home after the builder has cancelled an agreement to sell it.
3. Permitting consumers to launch class action lawsuits against builders who attempt to escalate the prices of their new homes.
4. Publishing information about the number of purchase agreements for freehold homes (that is, non-condominium homes) a builder has cancelled for a reason unrelated to the fault of the buyer.
5. Establishing a cooling-off period for buyers of new freehold homes.
6. Proposal to make it mandatory for new home buyers to receive a legal review during a new home purchase.

OHBA is working in collaboration with our HBA Chapters across Ontario on this public consultation. It is critical that we collectively provide a clear message on ways to better protect consumers and crucially, ensure a sustainable new home construction industry in Ontario. As we coordinate a public policy response, we will have materials that can be utilized by Chapters and members soon to respond accordingly.

Members should be aware of changes to new home warranty coverage in Ontario that came into effect on July 1, 2023, and will apply to homeowners who enter into a purchase agreement on, or after, that date.

Warranty Limits

Warranty Compensation Limit has been increased from $300,000 (current) to $400,000. This change applies to freehold homes in which the homeowner owns the land and the home, such as detached, semi-detached homes and some townhouses. The warranty compensation limit for condominium units will not increase, as those homes already benefit from additional coverage under the builder’s Common Elements warranty.

Temporary Relocation Warranty – Registrars Bulletin #7

The new Temporary Relocation Warranty of $150/day - up to a maximum of $15,000 - will help cover costs homeowners may have to pay associated with temporary accommodations. This coverage for both condominium and freehold homeowners applies if a warranted repair renders the home uninhabitable and they are required to relocate while repairs or remediation is completed. Full details can be found in the new Registrar Bulletin 7.

Changes to the Customer Service Standard

Tarion is also making changes to the Customer Service Standard (CSS). Following the implementation of interim measures in September 2020, Tarion has now made regulatory changes to the Customer Service Standard, effective July 1, 2023, by:

• Creating a new requirement that Tarion must schedule a conciliation inspection within 15 days of the request being made and make changes to the current timeline requirements for conducting the conciliation inspection and issuing the conciliation assessment report.

The following changes will take effect for homebuyers who have a date of possession on or after May 1, 2024:

• Extending the initial homeowner submission period by 10 days (now 40 days).
• Making the interim 10-day grace period at the end of the first-year warranty period permanent.
• Creating a mid-year submission at six months.
• Allowing homeowners to add items to a running list of potential defects at any time during the first-year warranty period.
• Expanding when homeowners can ask for a conciliation inspection during the first-year warranty period by removing the 30-day timeline for a homeowner to request a conciliation and instead allowing them to request a conciliation for each submission from the time it is submitted up until the next submission date.

Additional information will be provided in advance of the May 1, 2024, in-effect date. For more information on these new measures, please view the backgrounder here.

OHBA is aware of both specific material shortages and labour strikes that may impact members. These challenges could result in a temporary shortage of building materials or necessary skilled trades which could impact construction timelines and after sales servicing. OHBA has also been in contact with Tarion on the potential impact on new home construction and warranty processes. We are currently monitoring the following situations,

• Canada Brick shortage stemming from a pause in production at a production facility
• Hydro Ottawa Strike
• BC Port Strike

We will update members as these situations progress and their potential impact on members and their operations.

OHBA and BILD will be co-hosting an informational webinar for members on Monday August 8th at 4:00 p.m. This membership webinar is for the Provincial Consultation for Consumer Protections Related to New Home Purchase Agreements and Price Escalations.

Members are encouraged to attend the meeting with a presentation from provincial staff and provide any feedback. Through this consultation the Ministry is seeking feedback on a Consultation Paper that discusses:

1. Issues that consumers are experiencing with price escalations of new homes after they have already been purchased, including proposals to address price escalations;

2. A legislated cooling-off period for new freehold home purchases; and

3. A requirement that buyers receive legal advice on their purchase agreements for new homes.

Registration details below.

When: Aug 8, 2023 04:00 PM Eastern Time (US and Canada)

Topic: Consumer Protection Consultation

Register in advance for this webinar:

https://us02web.zoom.us/webinar/register/WN_-EyDoVT5TCqWgDE9qW7L9A

After registering, you will receive a confirmation email containing information about joining the webinar.

The Ontario Home Builders' Association's board of directors today voted to terminate their CEO, Luca Bucci, effective today, August 1, 2023 and asked that members receive this memorandum. 

 

TORONTO — The Ontario government is continuing to strengthen protections for tenants by holding the rent increase guideline for 2024 at 2.5 per cent, well below the average inflation rate of 5.9 per cent. The rent increase guideline is the maximum amount a landlord can increase rent during the year for most tenants without the approval of the Landlord and Tenant Board.

The guideline is based on Ontario’s Consumer Price Index, a measure of inflation calculated by Statistics Canada using data that reflects economic conditions over the past year. Under the Residential Tenancies Act, the guideline is capped at 2.5 per cent to help protect tenants from rising interest rates that would result in higher rent. Without the cap, the recent rate of inflation would have resulted in an increase of 5.9 per cent in 2024.

“Our government knows the cost of living continues to be a challenge for many Ontarians, including renters, which is why we are holding the rent increase guideline at 2.5 per cent,” said Steve Clark, Minister of Municipal Affairs and Housing. “This decision builds on the historic tenant protections contained in our recent Helping Homebuyers, Protecting Tenants plan, and demonstrates our commitment to help tenants across the province.”

In 2022, Ontario broke ground on nearly 15,000 new purpose-built rentals, a 7.5 per cent increase from 2021 and the highest number on record. This year, rental starts across the province total more than 8,500 new units, which is a 77 per cent increase over January to May of 2022.

Quick Facts

• The rent increase guideline applies to the vast majority – approximately 1.4 million – of rental households covered by the Residential Tenancies Act. It does not apply to rental units occupied for the first time after November 15, 2018, vacant residential units, community housing, long-term care homes or commercial properties.
• Rent increases are not automatic or mandatory. Landlords may only raise rent if they give tenants at least 90 days’ written notice using the correct form. At least 12 months must have passed since the first day of the tenancy or the last rent increase. If a tenant believes they have received an improper rent increase, they can apply to the Landlord and Tenant Board to request a correction.
• In most cases, the rent increase cannot be more than the rent increase guideline. Landlords can apply to the Landlord and Tenant Board for above-guideline rent increases, under certain circumstances, such as after eligible capital work has been paid for and finished.
• Tenants who may need help to pay their rent are encouraged to contact their local service manager to see what housing supports are available in their community.
• Ontario has the highest maximum fines in Canada for residential tenancy offences. The province is doubling the maximum fines for offences under the Residential Tenancies Act (such as bad faith evictions) to $100,000 for individuals and $500,000 for corporations.

Members should be aware of the following health and safety requirements that are now in force as of July 1, 2023 through the Occupational Health and Safety Act.

New Personal Protective Equipment Requirements

Members should be aware that amendments to O. Reg. 213/91 – Construction Projects, made under the Occupational Health and Safety Act (OHSA), addressing the requirements for PPE. These changes explicitly require that personal protective equipment and clothing be properly fitted, including for women and a diversity of body types and sizes. For more information, please contact the Ministry of Labour, Immigration, Training and Skills Development at the applicable regional office.

Jobsite Hygiene Requirements on Construction Projects

Members should be aware of amendments to O. Reg. 213/91 – Construction Projects, made under the Occupational Health and Safety Act (OHSA), addressing the requirements for toilet and clean-up facilities are coming into effect on July 1, 2023.

Amendments include:

• requiring toilets to be adequately illuminated
• requiring single toilets to be completely enclosed
• ensuring female workers have access to at least one women’s-only toilet facility on construction sites that must have a minimum of five or more toilets
• extending the requirement for good repair to urinal and clean-up facilities
• standardizing the ratio of clean-up facilities to toilets
• requiring hand sanitizer in addition to a product to clean hands where it is not reasonably possible to provide running water
• reducing the horizontal distance workers need to travel to get to toilet facilities, where reasonably possible

For more information, please contact the Ministry of Labour, Immigration, Training and Skills Development at the applicable regional office.

Margherita Mastroianni, who with her husband Donato, founded Don & Son Building Supplies, has passed away at the age of 80.

Known to family and friends as "Rita", she worked alongside her best friend and husband Donato at Don & Son Building Supplies for nearly 40 years.

Rita will be missed by her life partner of nearly 65 years, Donato, as well as her children Lou Mastroianni (Kim), Lucy Foster (Gord), and Robert Mastroianni (Michelle).  Rita was predeceased by her beloved son, Narcisio Mastroianni (Janis).

Visitation will be held at Oshawa Funeral Home, 847 King Street West, Oshawa on Tuesday, June 27th from 2:00 - 4:00 p.m. & 6:30 - 8:30 p.m.  Prayers will be held at 7:30 p.m.

Mass of the Christian Burial will be held at St. Joseph the Worker Parish, 1100 Mary Street North, Oshawa on Wednesday, June 28th, at 10:30 a.m. followed by Entombment at Resurrection Catholic Cemetery, Whitby.

In lieu of flowers, memorial donations may be made to the Heart and Stroke Foundation or Diabetes Association.

For family and friends unable to attend the service, please join the livestream.

Full obituary can be found here.

All of Durham Region's lakeshore municipalities, including Ajax, Pickering, Whitby, Oshawa and Clarington, will receive "Strong Mayor" powers on July 1, 2023.

Steve Clark, Ontario's Minister of Municipal Affairs and Housing announced that 26 new municipalities will receive the Strong Mayor powers.  

These powers enable heads of council to:

• Choose to appoint the municipality's chief administrative officer
• Hire certain municipal department heads, and establish and re-organize departments
• Create committees of council, assign their functions and appoint the chairs and vice-chairs of committees of council
• Propose the municipal budget, which would be subject to council amendments and a separate head of council veto and council override process
• Vetoing certain by-laws if the head of council is the opinion that all or part of the by-law could potentially interfere with a provincial priority
• Bring forward matters for council consideration if the head of council is of the opinion that considering the matter could potentially advance a provincial policy.

All five lakeshore mayors responded to Durham Radio News about the new legislative powers that the province is granting them.

Kevin Ashe, Mayor of Pickering

"It's still kind of early to understand what it means.  I think the goal of the province is a shared priority about building homes faster, so it's an added tool that would allow municipalities - certainly we're a fast-growing municipality in Pickering - to do quicker approvals.  It also gives the mayor an opportunity to present a budget as well as more active management of the city administration.  It's not something I asked for, but it's something that we have to consider in terms of advancing the priorities of the city."

Shaun Collier, Mayor of Ajax

"I have actually been asking my MP for this for the last year, since the strong mayor powers were given to Toronto and Ottawa.  This is, I think, an important tool that will really help move things forward quickly, especially in areas like our downtown [and] unlocking that centre.  I don't know that I will [use the powers].  If a situation arises that requires [it], absolutely I wouldn't hesitate to.  But you have to be very careful, with this tool, to not cause a rift between the mayor and their councillors.  I would only use it sparingly if there was a need to.  I will always try and work with council to get support on everything.  One good thing about this would be to bring motions without notice, to move forward very quickly if we need to move on something right away.  Right now, the planning process and the meeting process, it takes you a couple of weeks.  If you want to do something, I either have to call a special meeting or wait for the next meeting.  It's also helpful if we were to be in a situation where perhaps we require a committee to be struck on something.  Being able to strike that committee and name the chair and vice-chair and move on very quickly would really help expedite and cut the red tape."

"[Friday's announcement] doesn't give the mayor the freedom to just go and do whatever the heck I want.  That's not what this is for.  This is meant to help move forward provincial priorities and, in this case, housing and addressing our homeless situation and creating affordability and moving things forward and broadening our tax base and taking the pressure off our residential taxpayer.  I don't think I will really even need strong mayor powers for 99 per cent of things, because I think council will just support on all of those things.  There might be instances, for [example], in our downtown and Hunt Street and perhaps our MTSA zones, where there might not be support...but it does fit within the provincial priorities.  That's where I would have the extra push to get things done...But again, it's going to be very selective.  This is not a free-for-all for the mayor and not even need a council anymore.  No, not at all.  Council still has a number of powers to strike down, should a [mayor] do something they don't support.  There is a mechanism in place.  You have to be very careful.  You still have to work collaboratively with your council.  And this is just an extra tool in the toolbox to help us get things done."

Dan Carter, Mayor of Oshawa

"I've got a great council.  We work well together and I like the democratic process that we have.  I will find that the strong mayor powers will only be used in extraordinary circumstances.  I always want to work with my council.  I want it to be a democratic process, and I think that that's a better way for me to be able to operate council than strong mayors' powers, but if there is a moment where it is necessary, under extraordinary circumstances, that's the moment that I'll use it."

"It's the mix of housing that is necessary.  I understand all the provincial steps that they are taking to try and resolve the issue.  It didn't happen overnight.  It's not going to be fixed overnight.  And it's going to take all municipalities to be able to address it.  My concern also lays in a couple of different areas.  One is the labour shortage, in regard to the housing industry itself, and the other supporting elements in regard to building those homes.  And number two is [that] construction inflation is still at record heights.  And that is getting developers to hold off to see when prices will decrease.  So we've got many more hurdles than just saying 'we're going to build, in our circumstance, 23,000 homes.'  We've got to be able to resolve those other issues to be able to resolve the housing crisis."

"I think that [people] have to have confidence that the representatives that they supported in the last election will continue to work as a group to be able to serve the community as a whole.  Our fiduciary duties will be abided by and will be lived out based upon the understanding that the electorate passed a ballot...to make sure the democratic process was respected.  And my intent is to respect that process."

Elizabeth Roy, Mayor of Whitby

"I don't intend on doing anything differently than what I have been doing with current council.  My primary focus, since I became mayor, was to build on consensus and to build on a team.  And I plan to continue doing that.  I support the need to look at how we can work to get more housing into place.  I understand why these powers have been put into place; I'm not disagreeing with them.  But for myself, personally, as the mayor for Whitby, I have a team of nine, including myself, and I will continue to work with this team.  This is also not just about housing.  It's about affordable housing.  And we are working with the region to look at locations [for] affordable housing as well, too.  It has already been happening. [The 'strong mayor' powers allow] for other municipalities who are not in the same position to move forward, but I think Whitby is in a great stead that we have the numbers that we will be able to support the 18,000 we committed to."

"I find that will be happening is it's going to be status quo as we're moving forward.  I think some are spinning it as an affront to democracy.  I don't think that's the case.  There are many municipalities across North America that do have strong mayor powers.  We already have Toronto and Ottawa that have this right.  So I think it's something that we'll be cautious with, and something that we have to be cautious with.  Because it is a responsibility that wasn't available for the first 50 years of our existence and I'll take that responsibility very seriously."

Adrian Foster, Mayor of Clarington

"I welcome the opportunity to learn more about how this tool can help address local housing needs and meet our target of 13,000 new units by 2031.  Different communities require different approaches, but regardless, residents expect us to do all that we can to deliver on this important issue.  As the mayor, I believe it is critically important that Clarington council continue to work together to solve tough issues like housing.  Collaboration with my colleagues has been and will continue to be my focus as we navigate the rapid growth in our community."