BUILDING DURHAM

On Thursday, May 18, 2023, Report SF-23-18 - Proposed Policy Options for the Residential Rental Housing Licensing Program and Other Rental Housing Regulatory Considerations will be brought to Oshawa's Safety and Facilities Services Committee.

Last year, DRHBA submitted correspondence to the City of Oshawa based on members' comments.

The Safety and Facilities Services Committee will be considering four policy options related to the Residential Rental Housing Licensing (RRHL) Program and other rental housing regulatory considerations.

DRHBA is currently collecting feedback from members to form a submission to the City.  Please send your comments to Stacey.

The Municipality of Clarington Building Division will be hosting a Builder/Developers Workshop May 26th, 9:30 am, at The Garnet B. Rickard Recreation Complex.
2440 Highway 2, Bowmanville, ON L1C 0K6
Map this Location

Agenda Includes a Discussion On:

·         The New Planning & Infrastructure Department

·         OBC Amendments

·         Permit Fee Review Update

·         Housing Pledge

·         More Homes Built Faster Act, 2022

·         Ontario Regulation 73/23 - Municipal Planning Data Reporting

·         Update on Secondary Plans

·         Active Transportation and Wayfinding Master Plan

·         Road Needs Study

·         Economic Development

A Continental Breakfast Will Be Provided Please RSVP by May 5th to 

buildingpermits@clarington.net

At the April 3, 2023 Oshawa Council meeting, Council voted in favour of Report – CF-23-18- Community Benefit Charge Strategy Feedback (All Wards).  By passing this report, Oshawa has approved their Community Benefit Charge (CBA) with an effective date of May 1, 2023.

The City of Oshawa’s Community Benefit Charge Strategy was outlined in Report CF-23-02 Community Benefit Charge Strategy. 

The CBC Strategy, prepared by Watson & Associates, showed that Oshawa anticipates collecting approximately $392,000 over the next 10-year period.  The charge will be applied as follows:

• 2 bedroom + - $147.00
• Bachelor and 1 bedroom - $90.00

The Regional Municipality of Durham has scheduled a Special Meeting of Durham Regional Council to consider adoption of the recommended final draft of the Regional Official Plan (ROP).  The new ROP is the culmination of work completed through Envision Durham, the Municipal Comprehensive Review (MCR) of Durham's existing ROP.

Materials to be considered at the Special Meeting, including the recommended final draft ROP, will be available to the public no later than May 3 at durham.ca/EnvisionDurham.  

This special meeting is open to the public and is being held to discuss the final revisions addressed through Envision Durham.  The ROP addresses a wide variety of strategic land use planning and development matters.  It also represents the Region's provincially mandated exercise to ensure that the ROP conforms with Provincial Plans or does not conflict with them; has regard to matters of provincial interest; and is consistent with the Provincial Policy Statement.  This special meeting is a follow-up to the Public Open House and Public Meeting held in March 2023 for the draft new ROP.  The draft new ROP was released on February 10 with a consultation period that concluded on April 3.

It is anticipated that a decision on the recommended final draft ROP will take place at this Special Meeting of Council.  Once adopted by Regional Council, the adopted ROP will be submitted to the Minister of Municipal Affairs for approval under Sections 17 and 26 of the Planning Act, RSO 1990.

The meeting will be held on May 17, 2023 at 9:30 a.m. in Council Chambers at Durham Region Headquarters (605 Rossland Road East in Whitby).  Participants may also view the meeting remotely at durham.ca/live.

If you wish to make a delegation before Council, please submit your request in writing to delegations@durham.ca by noon on Monday, May 15, 2023.

In accordance with a Council resolution in May 2022, the City of Pickering is updating its Tree Protection Bylaw to provide greater protection to more trees in Pickering. At this time, the City’s Tree Protection By-law only covers trees within “Environmentally Sensitive Areas,” identified as the Tree Protection Area in Schedule A of By-law 6108/03.  

As a result, trees within Shorelines and Stream Corridors, Wetlands Oak Ridges Moraine Area and Environmentally Significant Areas measuring 25 millimetres (approximately 1 inch) or greater are regulated. The City’s current Tree Protection By-law Screening Areas cover approximately 38% of the total land area of the City. This leaves approximately 62% of the City’s land area outside of the Tree Protection By-law Screening Areas that are not protected.

The tree canopy and urban forest improve air quality by intercepting and absorbing airborne pollutants. Trees also reduce local air temperature due to the shading effects and in turn lower temperatures within the City and reduce the urban heat island effect. A few other benefits associated with protecting trees are to decrease the volume of storm water run-off and soil erosion, and they contribute to the visual appearance and character of a place.

As part of this project, the City would like to engage with a wide range of stakeholders to better understand how well the current Tree Protection By-law is working, what their experiences have been in applying the current by-law, and to receive feedback on how to improve the by-law. This is an important opportunity for communities, organizations, businesses and professionals to discuss protecting the City’s tree canopy and urban forest.

You are invited to join their Virtual Meeting on Thursday April 13^th from 6:00 pm to 7:30pm. 

For more information on the City’s Tree Protection By-law and a number of upcoming engagement opportunities provided during Earth Month, please visit the project website at: letstalkpickering.ca/trees.

An on-line survey is also active on the project website from April 3rd – 30th, 2023 to garner more feedback.

On Thursday, April 6, 2023, the provincial government introduced Bill 97: Helping Homebuyers and Protecting Tenants Act. 

A portion of the Act focuses on helping tenants and landlords.  Here are some highlights of the Helping Tenants and Landlords section of the Act:

Clearing the Landlord and Tenant Backlog

• Adding an additional $6.5 million to appoint 40 additional full-time adjudicators (more than doubling the current number) to improve service standards for landlords and tenants and reduce active applications and decision timeframes.
• Reviewing the current processes to find operational efficiencies.
• Exploring ways to expand hearing hours and scheduling flexibility.
• Providing adjudicators with enhanced training to support efficient file and hearing management.
• Modernizing the Tribunals Ontario Case Management System

Access to Air Conditioning

The provincial government is proposing to clarify and enhance tenants' rights to install window or portable air conditioning in their units.  Included in this proposal is:

• Landlords would be prohibited from refusing to allow tenants to install air conditioning units in their apartments, providing the following conditions are met:

1. Renters would have to notify their landlord in writing that they intend to install an air conditioner.
2. The air conditioner would have to be installed safely and securely without causing damage.
3. Installation would have to comply with any applicable laws, including municipal bylaws, and any prescribed rules.
4. Tenants would be responsible for any costs associated with the installation.
5. Renters would be required to inform their landlord about their air conditioner's energy efficiency and how much they anticipate using it.
6. If the landlord pays for electricity, they would be allowed to charge a seasonal fee based on the actual electricity cost or an estimate based on the information provided by the tenant.

Reinforcing Rules Against Evictions

The provincial government is proposing to tighten the rules surrounding evicting a tenant in order to perform renovations.  Under the Act, landlords would be required to provide:

• A report from a qualified person (to be defined in future regulation) stating that the unit must be vacant for renovations to take place and an estimated completion date.
• Updates on the status of the renovations in writing where the tenant has indicated their intention to return to the unit when renovations are complete and give them a 60-day grace period to move back in after the renovations are complete.

The province is also extending the period of time that tenants can apply to the LTB for a remedy if the landlord doesn't allow the tenant to move back in at the same rent once renovations are complete to two years after moving out or six months after renovations are complete - whichever is longer.

Eviction Protections

The Act is also proposing to further strengthen protections for tenants who may be facing eviction because the landlord or their family member wants to move in.  When evicting a tenant to use the unit themselves or for their family, landlords or their family members would be required to move into the unit by a specific deadline, to be defined in a future regulation.

Doubling Fines Under the RTA

The government is also proposing to double the maximum fines for offences under the Residential Tenancies Act (RTA), such as bad faith evictions.

• Individuals - from $50,000 to $100,000
• Corporations - from $250,000 to $500,000

Ontario's fines for residential tenancy offences are the highest in Canada.

Rent Arrears Repayment Agreement

Tenants may enter into a repayment agreement with their landlord to pay the rent they owe and avoid eviction when they are in arrears of rent.  To make it easier for both tenants and landlords, the Act is proposing to require the use of the LTB's plain language repayment agreement form.  This form helps landlords and tenants understand their rights and responsibilities and the rental rules that apply should the agreement be breached.

On Thursday, April 6, 2023, Steve Clark, Ontario's Minister of Municipal Affairs and Housing, introduced Bill 97, the Helping Homebuyers and Protecting Tenants Act.  

Key highlights from the legislation include:

Streamlining Provincial Land Use Policy

• The province is proposing greater flexibility to build homes in rural areas, including allowing:

1. More residential development in rural settlements and multi-lot residential housing on rural lands.
2. More homes to be built on farms while minimizing the impacts on agriculture.
3. Partnerships with the private sector to provide water and wastewater services.

• 29 large and fast-growing municipalities would be required to plan for growth in major transit station areas, and they would be encouraged to plan for density levels that would support transit use on greenfield lands.

1. Minimum density targets would apply to major transit station areas and strategic growth areas, and they would be encouraged to plan for density levels that would support transit use on greenfield lands.

• A proposal to accelerate the conversion of additional lands zoned for employment uses to residential including updating the definition of employment lands.
• Under the proposed changes, municipalities would need to ensure land is ready to meet their community's future housing and employment needs.
• Municipalities would have more flexibility in when and where they expand their settlement area boundaries.  They would consider available infrastructure, avoid speciality crop areas and mitigate agricultural impacts and use consistent criteria when calculating how far livestock farms should be from homes.
• Encouraging municipalities to adopt a watershed planning approach would protect water resources while facilitating more new home construction.

Freezing Provincial Housing Development Fees

• The province is freezing 74 provincial fees at current levels including several related Tribunals Ontario, the Ontario Land Tribunals and the Building Code.

Municipal Changes and Exemptions

• Delaying the enforcement date of municipalities having to refund zoning by-law and site plan application fees if they failed to make a decision within specified time periods from January 1 to July 1, 2023.
• Permitting municipalities in the cases of particular projects (for example, housing near train tracks) to utilize site plan review where there are 10 or fewer units.

Creating More Opportunities for Building Officials

• The province will be redesigning the building official qualification program and supporting municipalities who provide building official internships.

Landlord & Tenant Board (LTB)

• Investment of an additional $6.5 million to appoint 40 full-time adjudicators and improve service standards and reduce decisions time frames.
• Conducting a lean review of the current LTB processes are identifying areas for greater efficiency.
• Modernizing the tribunals Ontario Case Management System.
• Exploring ways to expand hearing hours and scheduling flexibility.
• Providing adjudicators with enhanced training to support hearing management.

Building More Rental Housing

• The provincial government continues to call on the federal government to defer the HST on all new large scale purpose-built rental housing projects to tackle the ongoing housing affordability crisis.
• The provincial government indicated it would support this measure, as it would help spur the construction of more rental housing units while helping to create jobs, encourage economic development and support growth.

Rental Replacement

• The provincial government is moving forward with the next steps in consulting on a framework for rental replacement bylaws including:

1. Requiring replacement units to have the same core features as the original units (such as the same number of bedrooms), while permitting some flexibility when it comes to size.
2. Giving existing tenants the right to move back into the new unit at a similar rent.

Consulting on a Cooling-Off Period for Purchases of Newly Built Freehold Homes

• The provincial government will be consulting on introducing a cooling-off period when people buy a new freehold home from a builder.
• Considerations as part of this proposal would include:

1. Requiring home builders to tell their customers about the cooling-off period.
2. Seek feedback on how long the cancellation period should last, disclosure requirements and whether to include a cancellation charge.
3. Seeking input on requiring all new home purchase agreements to be reviewed by a lawyer.

Modular Construction for Attainable Housing

• The province is looking at modular construction pathways and other innovative options to reduce the cost of building attainable housing.
• As part of this proposal, the province will leverage crown lands and seek partnerships for development lands across Ontario.

Read OHBA's press release on Bill 97.

Following the Region of Durham’s release of their Development Charge Background Study, representatives from DRHBA and BILD met with the Region on April 6.

Regional staff prepared a presentation, which was followed by Q&A.

Highlights from the meeting include:

Important Dates:

• The current bylaw needs to be replaced by July 1, 2023
• The public meeting will occur on April 12, 2023.  It will be a Special Council meeting, held on what is normally a Committee of the Whole meeting date.
• The final date for public comment is on May 5, 2023.  This is earlier than normal as staff are planning to release the final recommendations in early to mid-June.
• The new DC bylaw will be brought to council at a Special Council meeting on June 14, 2023.
• The new bylaw will be implemented on July 1, 2023.

General Information About the New DC Bylaw

• The new DC bylaw will expire 10 years after it comes into force.
• There is a multi-year phase-in of rates, as required by Bill 23.
• ·         Year 1 – 80% of full charge
• ·         Year 2 – 85% of full charge
• ·         Year 3 – 90% of full charge
• ·         Year 4 – 95% of full charge
• ·         Years 5-10 – 100% of full charge
• The Region has not accounted for the discount in the new rate, which means there will be a cash shortfall for the Region due to the phase-in.
• Housing services has been removed from the DC as it is no longer eligible (Bill 23).
• Discounts will apply to rental housing.  One bed – 15% discount, Two Bed – 20% discount, Three bed – 25% discount
• Non-profit housing, inclusionary zoning units, and affordable/attainable units will be exempt from DCs.  The Region is waiting on a bulletin from the province to define what “affordable/attainable housing” is.
• The historical level of service has increased from 10 years to 15 years.

Proposed Policy Changes

• The new DC bylaw is proposing to change the definition of a bedroom to better align with the Ontario Building Code.
• Stacked townhomes will be treated as apartments (they already are in the Transit DC).  The DC charges will be based on bedroom count.
• Redevelopment credit will be changed from 10 years to 5 years.
• All of the proposed policy changes are endorsed by area municipal staff.
• The Region’s Collection Policy for residential subdivision agreements will be: 100% at signing or 50% of water/sewer/roads at signing, balance due at 1 year anniversary of signing and letter of credit for 55% with 100% at building permit, whichever is first.  For rental housing, at building permit issuance or on deferred payment basis.

Why is the increase so much?

• The new 10-year growth forecasts for population and employment are lower and denser compared to the 2018 DC bylaw.
• Fewer new units and more high density units result in a higher residential DC.
• The capital forecasts are more expensive.  Soft services are up 10-100%, hard services are up 70-100%.
• There is new large-scale infrastructure required in the 10-year forecast.
• The calculated DCs are approximately 91-102% higher compared to current rates.
• The phased-in DCs are approximately 26-43% higher compared to current rates.
• The increase is predominately related to water, sewer and roads.
• The Transit DC increase in the background study reflects the phase-in that is already in place, as the Transit DC was approved in November.  It will also be indexed because it’s already in existence.
• The shortfall in DC revenue will be rationalized through budget planning and could result in increased user fees.  For example, water and sewer rates will go up to fund capital projects, where historically this has not happened.

Population and Employment Forecast

• The forecast period is 2023 – 2033 (10 years)
• It extends the population and employment forecasts contained in the current OP.
• The forecasted population of 923,510 will be reached by 2033.
• The forecasted employment of 320,600 jobs will be reached by 2033.
• The forecast was prepared excluding Seaton for water/sewer services, and including Seaton for all other eligible Regional services.
• The provincial assignment of municipal housing targets of 84,000 new units and the recent release of Greenbelt lands will be assessed through future DC background studies.
• There is a shift to high density units.  For single/semi detached – 52% in 2018 DC Study to 41% in 2023 DC Study.  Medium density has gone from 26% to 28%, and apartments have gone from 22% to 31%.
• The population growth is 40,000 less than expected and that is factored into the 2023 DC.
• The DC is based on the current OP, as Envision Durham has not yet been approved by council and the province.  As this is a 10-year bylaw, it may need to be opened up earlier for amendments due to updated numbers in Envision Durham.

DRHBA, along with BILD, has retained Altus Group to review the background study.

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

Last week, Ontario’s Minister of Finance, Peter Bethlenfalvy, delivered the 2023 Provincial Budget entitled, Building a Strong Ontario. The Minister’s Budget speech is here.

In the months leading up to the budget OHBA actively participated in the pre-budget consultation process from late 2022 into 2023 and provided a comprehensive submission to government on key industry priorities that will enable our sector to build the housing choice and supply that Ontarians are counting on. This budget builds upon the provincial government’s latest Housing Supply Action Plan the More Homes Built Faster Act and advances important priorities called for by industry to support new home buyers.

Further to last week’s OHBA news release on the budget, attached you will find the full budget document and below you will find key highlights from the budget which members should be aware of,

Housing and Development

• The Ontario housing market activity continued to moderate through the end of 2022, as the market adjusted to rising interest rates.
• By January 2023, average home resale prices had declined by 21.3 per cent from their February 2022 peak, while the number of home resales was 43.4 per cent lower.
• For 2022, strong early momentum helped average home resale prices rise 6.8 per cent, following 23.6 per cent growth in 2021.
• The number of home resales was 32.3 per cent lower for 2022, following 18.5 per cent growth in 2021.
• Housing market activity is expected to begin to stabilize over the outlook period. The number of Ontario home resales is expected to decline by 8.9 per cent in 2023.
• Home resales are expected to rebound 21.0 per cent in 2024, before returning to levels more consistent with fundamental drivers of housing demand, such as population growth, in 2025 and 2026.
• Average home prices are expected to decline 9.7 per cent in 2023, before prices stabilize and rise 2.2 per cent in 2024 and further rebound in 2025 and 2026.
• The provincial government is continuing to call on the federal government to come to the table on potential Goods and Services Tax/Harmonized Sales Tax (GST/HST) relief, including rebates, exemptions, zero‐rating or deferrals, to support new housing and rental development in Ontario.
• • This has the potential to be a highly impactful policy that OHBA called for in our pre-budget submission and we are pleased to see the province take the first steps to work with all levels of government to provide relief to new homebuyers and improve attainability.
• The provincial government has renewed its commitment to enabling the construction of Transit‐Oriented Communities
• • Work is already underway to deliver on the Transit‐Oriented Communities at eight future stations along the new Ontario Line and Yonge North Subway Extension, creating over 73,000 new jobs and approximately 48,000 new residential units.
  • The government is engaging with municipalities and building partners to explore new funding avenues to deliver cost‐efficient transit solutions for commuters.
  • For example, the value created through the Transit‐Oriented Communities at the future Bridge and the High Tech stations will help build a new station at Royal Orchard along the Yonge North Subway Extension.
  • The government is preparing for the selection of building partners for Transit‐Oriented Communities sites at future stations along the new subway lines, such as Corktown, Queen‐Spadina, King‐Bathurst and Exhibition stations.
  • Building partners have been found for several future stations, with the government signing an agreement in April 2022 for a Transit‐Oriented Community at the future East Harbour Transit Hub.
  • The planned 38‐acre East Harbour site will include the creation of a major employment centre, new residential and commercial space, community amenities and parkland, as well as affordable housing.  

Skilled Trades & Apprenticeships

• Ontario requires about 72,000 additional construction workers by 2027 to meet its goal of reaching 1.5 million homes built by 2031.
• To help workers and job seekers, including apprentices, get the skills they need to take on new opportunities and advance in their careers, the government is enhancing the Skills Development Fund with an additional $75 million over the next three years. Since 2020, the government has invested close to $700 million in the Skills Development Fund to support those who face barriers in employment. To date, the government has delivered over 388 training projects to help more than 393,000 workers including carpenters, plumbers and health care workers take the next step in their careers within in‐demand industries.  
• • OHBA’s highly successful Job Ready program that helps introduce young people to rewarding careers in the skilled trades has been supported by the Skills Development Fund in the past and we will continue to push for this support in the future to help get more young people into rewarding skilled trade careers.
  • Over 200 participants have taken part in the Job Ready Program since its inception.
  • Over 50% of those have already moved onto higher paying positions.
• To help address the ongoing labour shortages and support economic growth, Ontario is investing an additional $25 million over three years to attract more skilled workers, including in‐demand professionals in the skilled trades, through the Ontario Immigrant Nominee Program. This program is focused on nominating applicants for permanent residency who have the skills and experience to support Ontario’s ambitious Plan to Build.
• The Ontario Immigrant Nominee Program (OINP) continues to grow over time, with Ontario’s allocation of nominations increasing from 6,500 in 2017 to over 18,000 by 2025. Ontario continues to work with the Government of Canada to attract more skilled newcomers to support economic growth and fill targeted labour market gaps across the province, particularly in the skilled trades.

•  

Transportation and Infrastructure

• The province is investing $184.4 billion over the next decade and $20.6 billion in 2023–24 in capital infrastructure.
• Key highlights in the capital plan include $27.9 billion over 10 years to support the planning and/or construction of highway expansion and rehabilitation projects across the province. New highway infrastructure is crucial to supporting new housing supply in communities across Ontario. Key projects include,
• • Highway 413, a new 400‐series highway and transportation corridor across Halton, Peel and York regions that will bring relief to the most congested corridor in North America and save drivers up to 30 minutes each way on their commute.
  • Bradford Bypass, a new four‐lane freeway connecting Highway 400 in Simcoe County and Highway 404 in York Region, saving motorists and commercial truck drivers up to approximately 35 minutes in travel time compared to using existing routes along local roads.
• $70.5 billion over 10 years for public transit with a variety of projects underway, including:  
• Transforming the GO Transit rail network into a modern, reliable and fully integrated rapid transit network. GO Expansion will improve access and convenience across the Greater Golden Horseshoe by steadily increasing service with faster trains, more stations and better connections.
• Making investments to expand GO Transit rail service to Bowmanville and the Niagara Region.
• Awarding two major contracts and releasing two Requests for Qualifications (RFQs) for the Ontario Line, which will provide rapid transit between Exhibition/Ontario Place and the Ontario Science Centre and connect more than 40 other transit routes, including GO train lines, subway and streetcar lines and the Eglinton Crosstown.
• Beginning tunnelling for the three‐stop Scarborough Subway Extension from Kennedy Station to Sheppard Avenue and McCowan Road and awarding the contract for design and construction of new underground stations with bus terminals.
• Continuing tunnelling on the Eglinton Crosstown West Extension.
• Purchasing three new trainsets to restore the Northlander passenger rail service to provide a safe and reliable transportation option for Northern communities.
• Making progress on delivering fast, reliable transit, including the Hazel McCallion Line and Finch West Light Rail Transit projects.

 

 

The Region of Durham has released its Development Charge Background Study.

The Region is proposing to increase the development charge fee for a single detached from $40,529 (as of January 1, 2023) to $79,033, an increase of $38,504 or 95%.

As Bill 23 requires that new Development Charge fees be phased in, the proposed rate for a single detached unit for July 1, 2023 is $65,896. 

The Proposed Residential Development Charges Full Calculated Rate is here:

For comparison, the table below shows the rate per unit type in 2018 and in 2023:

Important dates:

• April 12, 2023 - Statutory Public Meeting
• April - May 2023 - Bylaw revisions (if necessary)
• May 5, 2023 - Last day for public comments
• June 14, 2023 - Bylaw goes to Regional Council

In addition, the new proposed DC bylaw seeks to reduce the redevelopment credit time frame from 10 years to 5 years.

DRHBA and BILD have partnered to hire Altus Group to review the background study and provide feedback.

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