Bill 7, Promoting Affordable Housing Act, 2016

Ballard, Hon Chris Minister of Housing

Current Status: Royal Assent received Chapter Number: S.O. 2016 C.25

Viewing: Royal Assent (current version) pdf

Bill 7                                                                                                                                       2016

An Act to amend or repeal various Acts with respect to housing and planning

CONTENTS

1.

2.

3.

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Contents of this Act

Commencement

Short title

Development Charges Act, 1997

Repeal of the Elderly Persons’ Housing Aid Act

Housing Services Act, 2011

Planning Act

Residential Tenancies Act, 2006

Smart Growth for Our Communities Act, 2015

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

   1.  This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

   2.  (1)  Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same, Schedules

   (2)  The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

   (3)  If a Schedule to this Act or any portion of a Schedule to this Act provides that it is to come into force on a day to be named by proclamation of the Lieutenant Governor, the proclamation may apply to the whole or any portion of the Schedule, and proclamations may be issued at different times as to any portion of the Schedule.

Short title

   3.  The short title of this Act is the Promoting Affordable Housing Act, 2016.

 

Schedule 1
Development Charges Act, 1997

   1.  Subsection 2 (3) of the Development Charges Act, 1997 is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

   (c)  permit the creation of a second dwelling unit, subject to the prescribed restrictions, in prescribed classes of proposed new residential buildings.

   2.  Subsection 60 (1) of the Act is amended by adding the following clause:

(b.1) for the purposes of clause 2 (3) (c), prescribing classes of residential buildings, prescribing restrictions and governing what constitutes a separate building;

Commencement

   3.  This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

 

schedule 2
repeal of the
elderly persons’ housing aid act

Repeal

   1.  The Elderly Persons’ Housing Aid Act is repealed.

Commencement

   2.  This Schedule comes into force on the day the Promoting Affordable Housing Act, 2016 receives Royal Assent.

 

schedule 3
housing services Act, 2011

   1.  The Housing Services Act, 2011 is amended by adding the following section:

Enumeration by service manager

   19.1  (1)  An enumeration of persons who are homeless shall be conducted by the service manager in the service manager’s service area at the times and in the form and manner directed by the Minister.

Clarifications

   (2)  In a direction issued under subsection (1) with respect to the enumeration of persons who are homeless, the Minister may clarify the categories of persons who are or are not considered to be homeless for the purposes of the enumeration.

Legislation Act, 2006

   (3)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a direction issued under subsection (1).

Information relating to enumeration

   (4)  A service manager shall give the Minister in the form and manner specified by the Minister and at the times specified by the regulations and at such other times as the Minister may specify,

  (a)  the information collected in the course of the enumeration; and

  (b)  any other prescribed information relating to the enumeration.

Reporting to public

   (5)  A service manager shall make available to the public in the form and manner specified by the Minister and at the times specified by the regulations and at such other times as the Minister may specify,

  (a)  a summary of the information collected in the course of the enumeration; and

  (b)  any other prescribed information relating to the enumeration.

Summary, prescribed requirements

   (6)  The summary referred to in clause (5) (a) must comply with the prescribed requirements.

   2.  Clause 32 (a) of the Act is repealed and the following substituted:

  (a)  the related service manager consents in writing; or

   3.  Clause 33 (1) (a) of the Act is repealed and the following substituted:

  (a)  the related service manager consents in writing; or

   4.  Clause 34 (a) of the Act is repealed and the following substituted:

  (a)  the related service manager consents in writing; or

   5.  Clause 35 (a) of the Act is repealed and the following substituted:

  (a)  the related service manager consents in writing; or

   6.  The Act is amended by adding the following sections:

Notice of consent

   35.1  (1)  The related service manager shall give the Minister written notice within 30 days of giving a consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a).

Same, prescribed requirements

   (2)  The notice must comply with the prescribed requirements.

Consent by Minister instead of related service manager

   35.2  The regulations may provide that it shall be the Minister and not the related service manager who gives consent under clause 32 (a), 33 (1) (a), 34 (a) or 35 (a).

   7.  Section 40 of the Act is amended by adding the following subsections:

Same

   (3.1)  A household may be included to meet the requirements of clause (1) (a) or (b) even if no rent-geared-to-income assistance is provided to the household under this Part, if the following requirements are met:

    1.  An alternate form of financial assistance related to housing is provided to the household.

    2.  The alternate form of financial assistance referred to in paragraph 1 is specified by the regulations or has been approved by the Minister for the purposes of this paragraph.

Legislation Act, 2006

   (3.2)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under paragraph 2 of subsection (3.1).

   8.  Section 47 of the Act is amended by adding the following subsections:

Rules for certain waiting households

   (4)  The regulations may provide that the system may include rules that,

  (a)  deal with households waiting for rent-geared-to-income assistance that have accepted an offer of an alternate form of financial assistance related to housing that is specified by the regulations or has been approved by the Minister for the purposes of this clause; and

  (b)  apply despite the prescribed requirements.

Legislation Act, 2006

   (5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval under clause (4) (a).

   9.  The Act is amended by striking out the heading before section 160 and substituting the following:

Restrictions on Dealing with Certain Housing Projects and Land

   10.  Section 161 of the Act is repealed and the following substituted:

Designated housing projects transferred under a transfer order

   161.  (1)  This section applies with respect to a designated housing project that was transferred under a transfer order made under Part IV of the former Act.

Consent required for certain transactions or activities

   (2)  The housing provider may transfer, mortgage or develop the designated housing project or the land where it is located only with the written consent of the service manager in whose service area the designated housing project is located.

Clarification of scope

   (3)  For greater certainty, the restrictions under subsection (2) apply to a housing provider even if the housing provider is not the transferee under the transfer order referred to in subsection (1).

Prescribed exceptions

   (4)  The following apply with respect to a transaction or activity prescribed for the purposes of this subsection:

    1.  Consent is not required under subsection (2) for the transaction or activity.

    2.  If a document is to be registered or deposited under theRegistry Act or the Land Titles Act in respect of a transaction for which the exemption in paragraph 1 is being relied on, the document must include a statement setting out the reason why consent is not required under subsection (2).

    3.  A statement included under paragraph 2 is deemed to be conclusive evidence of the facts stated in it for the purposes of determining whether consent is not required under subsection (2).

Transition, statements on title

   (5)  The following apply to a statement setting out the restrictions imposed by section 50 of the former Act included in a document registered or deposited under section 43 of the former Act:

    1.  References to the restrictions imposed by section 50 of the former Act are deemed to be references to the restrictions imposed by subsection (2).

    2.  A reference to the consent of the Minister is deemed to be a reference to consent required under subsection (2).

Statements on title of no force or effect

   (6)  For greater certainty, a statement referred to in subsection (5) that is included in a document registered or deposited under section 43 of the former Act with respect to real property is of no force or effect if the designated housing project included in the real property ceases to be a designated housing project.

   11.  Section 162 of the Act is repealed and the following substituted:

Certain housing projects

   162.  (1)  This section applies with respect to,

  (a)  a Part VII housing project as defined in section 73; and

  (b)  a designated housing project with respect to which a pre-reform operating agreement applies.

Consent required for certain transactions

   (2)  The housing provider may transfer or mortgage the housing project or the land where it is located only with the written consent of the service manager in whose service area the housing project is located.

Same, Minister

   (3)  For a transfer of the housing project or the land where it is located, the written consent required under subsection (2) shall be the written consent of the Minister if,

  (a)  a receiver or receiver and manager for the housing provider has been appointed under paragraph 7 of section 85; or

  (b)  the board of directors of the housing provider includes one or more directors appointed under paragraph 9 of section 85.

Prescribed exceptions

   (4)  Consent is not required under subsection (2) for a transaction prescribed for the purposes of this subsection.

Transition, statements on title

   (5)  The following apply to a statement setting out the restrictions imposed by section 95 of the former Act included in a document registered or deposited under section 96 of the former Act:

    1.  The references to the restrictions imposed by section 95 of the former Act are deemed to be references to the restrictions imposed by subsections (2) and (3).

    2.  A reference to the consent of the service manager and the Minister is deemed to be a reference to consent required under subsection (2).

    3.  A reference to the exceptions under section 95 of the former Act is deemed to be a reference to the exceptions under subsection (4).

Statements on title of no force or effect

   (6)  For greater certainty, a statement referred to in subsection (5) that is included in a document registered or deposited under section 96 of the former Act with respect to a housing project is of no force or effect if the housing project ceases to be a Part VII housing project as defined in section 73.

   12.  Section 163 of the Act is repealed and the following substituted:

Notice

   163.  (1)  A service manager shall give the Minister written notice within 10 days of giving a consent under subsection 161 (2) or 162 (2), other than a consent referred to in subsection (2).

Notice before consent is given

   (2)  Where a housing project is subject to a mortgage guaranteed by the Province of Ontario or the Ontario Mortgage and Housing Corporation, a service manager shall give the Minister written notice at least 45 days before giving a consent under subsection 161 (2) or 162 (2) to transfer the housing project or the land where it is located.

Notice, prescribed requirements

   (3)  A notice under subsection (1) or (2) must comply with the prescribed requirements.

Waiver of notice or abridgment of time

   (4)  The Minister may, at any time and in writing,

  (a)  waive the giving of the notice under subsection (2); or

  (b)  abridge the time for the giving of the notice under subsection (2).

   13.  Section 165 of the Act is repealed and the following substituted:

Invalidity

   165.  (1)  Anything done in contravention of subsection 161 (2) or 162 (2) or (3) is invalid and of no force or effect.

Exception

   (2)  Subsection (1) does not affect an interest acquired by a person in contravention of subsection 161 (2) in a designated housing project or in land where a designated housing project is located if, at the time the interest was acquired, no notice of the restrictions imposed by section 50 of the former Act had been registered or deposited against title to the property under section 43 of the former Act.

Conflict with other Acts

   (3)  Subsection (1) prevails over the Land Titles Act or any other Act with which subsection (1) conflicts.

   14.  The Act is amended by adding the following section:

Transition regulations, 2016 amendments

   181.1  (1)  The Lieutenant Governor in Council may make regulations providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 3 to the Promoting Affordable Housing Act, 2016.

Application of subs. 181 (2)

   (2)  Subsection 181 (2) applies with necessary modifications to regulations made under subsection (1).

   15.  (1)  Clause 182 (a) of the Act is amended by striking out “under subsection 40 (4) or section 78 or 164” and substituting “under subsection 40 (4) or 68 (1) or section 78 or 164”.

   (2)  Clause 182 (a) of the Act, as amended by subsection (1), is amended by striking out “under subsection 40 (4) or 68 (1) or section 78 or 164” and substituting “under section 35.2, subsection 40 (4) or 68 (1) or section 78 or 164”.

   16.  Section 183 of the Act is amended by striking out “section 181 or 182” and substituting “section 181, 181.1 or 182”.

Commencement

   17.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Promoting Affordable Housing Act, 2016 receives Royal Assent.

Same

   (2)  Sections 2 to 6 and 9 to 14, subsection 15 (2) and section 16 come into force on a day to be named by proclamation of the Lieutenant Governor.

 

Schedule 4
Planning Act

   1.  (1)  Subsection 16 (3) of the Planning Act is amended by striking out “Without limiting what an official plan is required to or may contain under subsection (1) or (2)” at the beginning of the portion before clause (a).

   (2)  Section 16 of the Act is amended by adding the following subsections:

Inclusionary zoning policies

   (4)  An official plan of a municipality that is prescribed for the purpose of this subsection shall contain policies that authorize inclusionary zoning by,

  (a)  authorizing the inclusion of affordable housing units within buildings or projects containing other residential units; and

  (b)  providing for the affordable housing units to be maintained as affordable housing units over time.

Same

   (5)  An official plan of a municipality that is not prescribed for the purpose of subsection (4) may contain the policies described in subsection (4).

Goals and objectives

   (6)  The policies described in subsection (4) shall include goals and objectives and a description of the measures and procedures proposed to attain those goals and objectives.

Prescribed provisions and matters

   (7)  The policies described in subsection (4) shall include the prescribed provisions and provisions about the prescribed matters.

No limitation

   (8)  Each subsection of this section shall be read as not limiting what an official plan is required to or may contain under any of the other subsections.

   (3)  Section 16 of the Act is amended by adding the following subsections:

Assessment report

   (9)  Before adopting the parts of an official plan which contain policies described in subsection (4), the council of the municipality shall ensure that an assessment report has been prepared.

Updating of assessment report

   (10)  Within five years after the parts of its official plan which contain policies described in subsection (4) come into effect, the council of the municipality shall ensure that an updated assessment report is prepared for the purpose of determining whether any of those parts of the official plan should be amended.

Periodic updating

   (11)  As long as its official plan contains policies described in subsection (4), the council of the municipality shall ensure that an updated assessment report is prepared within five years after the date of the most recent updated assessment report, for the purpose of determining whether any of the parts of the official plan which contain policies described in subsection (4) should be amended.

Requirements relating to assessment reports

   (12)  The council of the municipality shall ensure that the initial assessment report and every updated assessment report includes the information and documents specified in the regulations and complies with the requirements specified in the regulations.

Assessment reports to be made available to public

   (13)  The council of the municipality shall ensure that the initial assessment report is made available to the public before the parts of the official plan which contain policies described in subsection (4) are adopted and that every updated assessment report is made available to the public before any amendments to the parts of the official plan which contain policies described in subsection (4) are adopted.

   2.  (1)  Section 17 of the Act is amended by adding the following subsection:

Exception re Minister

   (24.1.1)  Subsection (24.1) does not apply to an appeal by the Minister.

   (2)  Section 17 of the Act is amended by adding the following subsections:

No appeal re inclusionary zoning policies

   (24.1.2)  Despite subsection (24), there is no appeal in respect of policies described in subsection 16 (4), including, for greater certainty, any requirements or standards that are part of such policies.

Exception re Minister

   (24.1.3)  Subsection (24.1.2) does not apply to an appeal by the Minister.

   (3)  Section 17 of the Act is amended by adding the following subsection:

Exception re Minister

   (36.1.1)  Subsection (36.1) does not apply to an appeal by the Minister.

   (4)  Section 17 of the Act is amended by adding the following subsections:

No appeal re inclusionary zoning policies

   (36.1.2)  Despite subsection (36), there is no appeal in respect of policies described in subsection 16 (4), including, for greater certainty, any requirements or standards that are part of such policies.

Exception re Minister

   (36.1.3)  Subsection (36.1.2) does not apply to an appeal by the Minister.

   3.  (1)  Section 34 of the Act is amended by adding the following subsection:

Loading or parking facilities – by-law provisions

   (5.1)  A by-law passed under paragraph 6 of subsection (1) shall include the prescribed provisions and provisions about the prescribed matters.

   (2)  Section 34 of the Act is amended by adding the following subsection:

No appeal re inclusionary zoning policies

   (11.0.6)  Despite subsection (11), there is no appeal in respect of all or any part of an application for an amendment to a by-law if the amendment or part of the amendment proposes to amend or repeal a part of the by-law that gives effect to policies described in subsection 16 (4).

   (3)  Subsection 34 (19.1) of the Act is repealed and the following substituted:

No appeal re second unit policies

   (19.1)  Despite subsection (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16 (3), including, for greater certainty, no appeal in respect of any requirement or standard relating to such policies.

Exception re Minister

   (19.2)  Subsection (19.1) does not apply to an appeal by the Minister.

   (4)  Section 34 of the Act is amended by adding the following subsections:

No appeal re inclusionary zoning policies

   (19.3)  Despite subsection (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16 (4), including, for greater certainty, no appeal in respect of any condition, requirement or standard relating to such policies.

Exception re Minister

   (19.4)  Subsection (19.3) does not apply to an appeal by the Minister.

   (5)  Section 34 of the Act is amended by adding the following subsection:

Matters referred to in s. 34 (1)

   (19.3.1)  Despite subsection (19.3), there is an appeal in respect of any matter referred to in subsection 34 (1) even if such matter is included in the by-law as a measure or incentive in support of the policies described in subsection 16 (4).

   4.  The Act is amended by adding the following section:

By-laws to give effect to inclusionary zoning policies

   35.2  (1)  If the official plan in effect in a local municipality contains policies described in subsection 16 (4),

  (a)  the council of the municipality shall pass one or more by-laws under section 34 to give effect to the policies, if the municipality is prescribed for the purpose of subsection 16 (4);

  (b)  the council of the municipality may pass one or more by-laws under section 34 to give effect to the policies, if the municipality is not prescribed for the purpose of subsection 16 (4).

Content of by-law

   (2)  If a by-law is passed under section 34 to give effect to policies described in subsection 16 (4), the by-law,

  (a)  shall require that the development or redevelopment of specified lands, buildings or structures include,

           (i)  the number of affordable housing units determined under the regulations or, in the absence of such regulations, the number of affordable housing units determined under the by-law, or

          (ii)  affordable housing units occupying the gross floor area determined under the regulations or, in the absence of such regulations, the gross floor area determined under the by-law;

  (b)  shall require that the affordable housing units be maintained as affordable housing units for the period of time determined under the regulations or, in the absence of such regulations, for the period of time determined under the by-law;

   (c)  shall require that the affordable housing units meet the requirements and standards specified in the regulations or, in the absence of such regulations, that the affordable housing units meet requirements and standards specified in the by-law;

  (d)  in addition to requiring that the affordable housing units meet the requirements and standards specified in the regulations, may require that the affordable housing units meet additional requirements and standards specified in the by-law;

  (e)  shall provide for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4) or, in the absence of such regulations, may provide for measures and incentives to support those policies;

   (f)  in addition to providing for the measures and incentives specified in the regulations to support the policies described in subsection 16 (4), may provide for additional measures and incentives to support those policies;

  (g)  shall require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the regulations or, in the absence of such regulations, may require that when the affordable housing units are sold or leased, they be sold at the price or leased at the rent determined under the by-law;

  (h)  shall include the prescribed provisions and provisions about the prescribed matters; and

    (i)  shall require that the owners of any lands, buildings or structures that are to be developed or redeveloped under the by-law enter into agreements with the municipality, dealing with the matters mentioned in clauses (a) to (h) and ensuring continued compliance with those matters.

Procedure to ensure affordability maintained

   (3)  A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall establish a procedure for monitoring and ensuring that the required number of affordable housing units, or the required gross floor area to be occupied by affordable housing units, as the case may be, is maintained for the required period of time.

Same

   (4)  The procedure required under subsection (3) shall include the prescribed provisions and provisions about the prescribed matters.

Restrictions on authority

   (5)  If a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4),

  (a)  the council may, subject to the prohibitions or restrictions contained in the regulations, authorize the erection or location of some or all of the required affordable housing units in or on lands, buildings or structures other than those that are the subject of the development or redevelopment giving rise to the by-law requirement for affordable housing units; and

  (b)  the council may, subject to the prohibitions or restrictions contained in the regulations, use its authority under section 37 with respect to the development or redevelopment giving rise to the by-law requirement for affordable housing units.

No authority for payment in lieu

   (6)  For greater certainty, if a council of a municipality passes a by-law giving effect to policies described in subsection 16 (4), nothing in this section authorizes the council to authorize the payment of money in lieu of the provision of any or all of the required affordable housing units.

Registration of agreements

   (7)  An agreement entered into under clause (2) (i) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.

Application of Municipal Act, 2001 or City of Toronto Act, 2006

   (8)  Section 446 of the Municipal Act, 2001 or section 386 of the City of Toronto Act, 2006, as the case may be, applies to the requirements imposed by an agreement entered into under clause (2) (i).

Reports and information

   (9)  A council of a municipality that passes a by-law giving effect to policies described in subsection 16 (4) shall provide the prescribed reports and information concerning affordable housing units in the municipality to the prescribed persons or classes of persons at such times, in such manner and in accordance with such other requirements as may be prescribed.

   5.  Paragraph 2 of subsection 41 (4) of the Act is amended by adding the following clause:

(d.1) matters relating to exterior access to each building that will contain affordable housing units or to any part of such building, but only to the extent that it is a matter of exterior design, if the municipal by-law passed under subsection (2) and the official plan to which the by-law gives effect both include provisions relating to policies described in subsection 16 (4) and both include requirements or standards for exterior access to buildings that will contain affordable housing units;

   6.  Section 45 of the Act is amended by adding the following subsection:

Same

   (1.1.1)  Subsection (1) does not allow the committee to authorize a minor variance from those provisions of a by-law that give effect to policies described in subsection 16 (4).

   7.  (1)  Subsection 50 (3) of the Act is amended by adding the following clause:

(b.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units;

   (2)  Subsection 50 (5) of the Act is amended by adding the following clause:

(a.1) the land is being leased for a period of not less than 21 years and not more than 99 years, for the purpose of constructing or erecting a building or project that will contain affordable housing units;

   8.  (1)  Subsection 51 (17) of the Act is amended by adding the following clause:

(f.1)  if any affordable housing units are being proposed, the shape and dimensions of each proposed affordable housing unit and the approximate location of each proposed affordable housing unit in relation to other proposed residential units;

   (2)  Subsection 51 (24) of the Act is amended by adding the following clause:

(d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

   (3)  Subsection 51 (25) of the Act is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (d) and by adding the following clause:

  (e)  in the case of an application for approval of a description or an amendment to a description, as referred to in subsection 9 (2) of the Condominium Act, 1998, if the condominium will contain affordable housing units and if a shared facilities agreement will be entered into with respect to the condominium, whether under section 21.1 of that Act or otherwise, that the shared facilities agreement be satisfactory to the approval authority.

   (4)  Section 51 of the Act is amended by adding the following subsections:

Restriction

   (39.1)  Despite subsection (39), there is no appeal in respect of a part of the decision, or a condition, that gives effect to a policy described in subsection 16 (4).

Exception re Minister

   (39.2)  Subsection (39.1) does not apply to an appeal by the Minister.

   (5)  Section 51 of the Act is amended by adding the following subsections:

Restriction

   (43.1)  Despite subsection (43), there is no appeal in respect of a condition that gives effect to a policy described in subsection 16 (4).

Exception re Minister

   (43.2)  Subsection (43.1) does not apply to an appeal by the Minister.

   (6)  Section 51 of the Act is amended by adding the following subsections:

Restriction

   (48.1)  Despite subsection (48), there is no appeal in respect of a changed condition that gives effect to a policy described in subsection 16 (4).

Exception re Minister

   (48.2)  Subsection (48.1) does not apply to an appeal by the Minister.

   9.  Section 69 of the Act is amended by adding the following subsection:

Same

   (2.1)  Despite a tariff of fees established under subsection (1), the council of a municipality, a planning board, a committee of adjustment or a land division committee, in processing an application related to development or redevelopment that will include affordable housing units, shall not require the payment of a fee that is greater than the maximum fee prescribed for the type of application being made.

   10.  (1)  Subsection 70.1 (1) of the Act is amended by adding the following paragraphs:

15.1 prescribing municipalities for the purpose of subsection 16 (4);

15.2 in the case of municipalities prescribed for the purpose of subsection 16 (4),

            i.  governing the time within which each municipality must submit an official plan containing policies that authorize inclusionary zoning for approval by the approval authority, and

           ii.  governing the time within which each municipality must pass one or more by-laws under section 34 to give effect to those policies;

15.3 prescribing provisions and matters relating to the policies described in subsection 16 (4), for the purpose of subsection 16 (7);

   (2)  Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

15.4 specifying that a by-law passed under section 34 to give effect to policies described in subsection 16 (4) does not apply to development or classes of development specified in the regulation and specifying the circumstances in which the by-law does not apply;

   (3)  Subsection 70.1 (1) of the Act is amended by adding the following paragraphs:

23.1 prescribing provisions and matters relating to loading or parking facilities, for the purpose of subsection 34 (5.1);

23.2 respecting minimum parking requirements, including setting out minimum parking requirements for specified lands, buildings or structures or providing that there is no minimum parking requirement for specified lands, buildings or structures;

   (4)  Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

24.0.1 governing the provisions of an agreement described in clause 35.2 (2) (i);

   (5)  Subsection 70.1 (1) of the Act is amended by adding the following paragraph:

30.1 for the different types of applications related to development or redevelopment that will include affordable housing units, prescribing a maximum fee that may be charged with respect to each type of application, for the purpose of subsection 69 (2.1);

   (6)  Paragraph 31 of subsection 70.1 (1) of the Act is repealed and the following substituted:

  31.  respecting any other matter that this Act refers to as a matter prescribed, specified or determined under the regulations, or as a matter otherwise dealt with by the regulations, other than matters respecting which the Lieutenant Governor in Council has authority to make regulations under sections 70 and 70.2, subsection 70.2.2 (5) and section 70.3.

   (7)  Section 70.1 of the Act is amended by adding the following subsection:

Same

   (3)  A regulation made under paragraph 30.1 of subsection (1) may provide that a maximum fee for a particular type of application is nil.

   (8)  Section 70.1 of the Act is amended by adding the following subsection:

Conflict

   (4)  In the event of a conflict between a regulation made under paragraph 23.2 of subsection (1) and a by-law passed by a municipality under paragraph 6 of subsection 34 (1), or a predecessor thereof, the regulation prevails to the extent of the conflict, but in all other respects the by-law remains in full force and effect.

   11.  The Act is amended by adding the following section:

Regulations re transitional matters, 2016 amendments

   70.7  (1)  The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date.

Same

   (2)  A regulation made under this section may, without limitation,

  (a)  determine which matters and proceedings may be continued and disposed of under this Act, as it read on the day before the effective date, and which matters and proceedings must be continued and disposed of under this Act, as it read on the effective date;

  (b)  for the purpose of subsection (1), deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation.

Retroactive

   (3)  A regulation made under this section may be retroactive to September 14, 2016.

Conflict

   (4)  A regulation made under this section prevails over any provision of this Act specifically mentioned in the regulation.

Definition

   (5)  In this section,

“effective date” means the date on which section 4 of Schedule 4 to the Promoting Affordable Housing Act, 2016 comes into force.

Commencement

   12.  (1)  Subject to subsection (2), this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Same

   (2)  Subsections 2 (1) and (3) and 3 (3) and sections 7 and 8 come into force on the day the Promoting Affordable Housing Act, 2016 receives Royal Assent.

 

schedule 5
residential tenancies Act, 2006

   1.  Section 58 of the Residential Tenancies Act, 2006 is amended by adding the following subsection:

Rent-geared-to-income assistance

   (3)  For greater certainty, paragraph 2 of subsection (1) does not authorize a landlord to give a tenant notice of termination of the tenancy on the ground that the tenant has ceased to be eligible for, or has failed to take any step necessary to maintain eligibility for, rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011.

   2.  Section 94.2 of the Act is amended by adding the following subsection:

Rent-geared-to-income assistance

   (3)  For greater certainty, paragraph 2 of subsection (1) does not authorize a non-profit housing co-operative to give a member notice of termination of the member’s occupancy of a member unit on the ground that the member has ceased to be eligible for, or has failed to take any step necessary to maintain eligibility for, rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011.

   3.  Part XII of the Act is amended by adding the following section:

Application under s. 226

   189.1  (1)  For an application to the Board under section 226 for the review of a work order issued by an inspector appointed by a local municipality, the applicant shall, within the time set out in the Rules, give the local municipality,

  (a)  a copy of the application; and

  (b)  a copy of any notice of hearing issued by the Board in respect of the application.

Certificate of service

   (2)  The applicant shall, in the circumstances set out in the Rules, file with the Board a certificate of service on the local municipality in the form approved by the Board.

Application

   (3)  If the local municipality is a party to the application,

  (a)  paragraph 1 of subsection 188 (1) and section 189 do not apply with respect to the local municipality; and

  (b)  clause (1) (b) applies despite the Statutory Powers Procedure Act.

   4.  Clause 201 (1) (b) of the Act is repealed and the following substituted:

  (b)  request an employee in the Board to conduct any inspection it considers necessary;

   5.  Section 224 of the Act is repealed and the following substituted:

Application of prescribed standards

Local municipalities

   224.  (1)  The prescribed maintenance standards apply to a residential complex located in a local municipality and the rental units located in the residential complex if,

  (a)  there is no municipal property standards by-law that applies to the residential complex; or

  (b)  there is a municipal property standards by-law that applies to the residential complex and the prescribed circumstances apply.

Unorganized territory

   (2)  The prescribed maintenance standards apply to a residential complex located in unorganized territory and the rental units located in the residential complex, but only for the purposes of a landlord’s obligations under subsection 20 (1) with respect to maintenance standards.

Local municipality to receive complaints

   224.1  (1)  If the prescribed maintenance standards apply to a residential complex located in a local municipality, the local municipality in which the residential complex is located shall receive any written complaint from a current tenant of a rental unit located in the residential complex respecting the standard of maintenance that prevails with respect to the rental unit or the residential complex.

Complaints to be investigated

   (2)  Upon receiving a complaint under this section, the local municipality shall cause an inspector to make whatever inspection the local municipality considers necessary to determine whether the landlord has complied with the prescribed maintenance standards.

   6.  Part XIV of the Act is amended by adding the following sections:

Inspectors

   226.1  A local municipality may appoint inspectors for the purposes of sections 224.1 and 225.

Duties of local municipality

   226.2  A local municipality shall,

  (a)  monitor compliance with the prescribed maintenance standards as they apply to residential complexes located in the local municipality;

  (b)  investigate an alleged offence,

           (i)  under clause 234 (t) that is a failure to comply with a work order issued by an inspector appointed by the local municipality,

          (ii)  under clause 234 (u) that is the obstruction of, or interference with, an inspector appointed by the local municipality who is exercising a power of entry under section 230 or 231, and

         (iii)  under clause 234 (v) that is the furnishing of false or misleading information in any material provided to an inspector appointed by the local municipality; and

   (c)  where the circumstances warrant, commence or cause to be commenced proceedings with respect to an alleged offence described in clause (b).

Protection from personal liability

   226.3  (1)  No proceeding for damages shall be commenced against an inspector appointed by a local municipality under section 226.1 or an employee or agent of a local municipality for any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Part or section 230 or 231 or for any neglect or default in the performance or exercise in good faith of such a duty or power.

Liability of local municipality

   (2)  Subsection (1) does not relieve a local municipality of any liability to which it would otherwise be subject.

Transition, complaints received before commencement date

   226.4  (1)  Sections 224 to 226, 227, 229 and 230, and paragraph 74 of subsection 241 (1), as they read immediately before the commencement date, and the regulations made under paragraph 74, as they read immediately before that date, continue to apply for the following purposes with respect to a complaint that was received by the Minister under section 224 before that date:

    1.  Investigating the complaint and issuing a work order with respect to it.

    2.  Ensuring compliance with a work order issued with respect to the complaint before, on or after the commencement date.

    3.  Making, continuing or finally disposing of an application under section 226 for the review of a work order issued with respect to the complaint before, on or after the commencement date.

    4.  Charging a municipality for the cost associated with an inspection related to the complaint and, if applicable, issuing a notice of payment due and filing the notice in the Superior Court of Justice.

    5.  Investigating, and commencing or causing to be commenced proceedings with respect to, an alleged offence under clause 234 (t), (u) or (v) that occurred before, on or after the commencement date, other than an offence described in clause 226.2 (b).

Definition

   (2)  In this section,

“commencement date” means the day section 5 of Schedule 5 to the Promoting Affordable Housing Act, 2016 comes into force.

   7.  Section 227 of the Act is amended by striking out the portion before clause (a) and substituting the following:

Duties of Minister

   227.  Except for section 224 and except as otherwise provided in sections 224.1 and 226.2, the Minister shall,

.     .     .     .     .

   8.  Section 229 of the Act is repealed and the following substituted:

Investigators

   229.  The Minister may appoint investigators for the purpose of investigating alleged offences under this Act, other than alleged offences described in clause 226.2 (b).

   9.  Subsection 230 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Inspections by municipal inspectors

   230.  (1)  Subject to subsection (6), an inspector appointed by a local municipality under section 226.1 may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under Part XIV and may,

.     .     .     .     .

   10.  Subsection 232 (1) of the Act is amended by striking out “against an investigator, an inspector, a member of the Board or a public servant ” and substituting “against an investigator or inspector appointed by the Minister, against a member of the Board or against a public servant”.

   11.  (1)  Subsection 239 (1) of the Act is amended by adding “other than an offence described in subsection (1.1)” after “clause 234 (v)”.

   (2)  Section 239 of the Act is amended by adding the following subsection:

Same

   (1.1)  No proceeding shall be commenced respecting an offence under clause 234 (v) that is the furnishing of false or misleading information in any material provided to an inspector appointed by a local municipality under section 226.1, more than two years after the date on which the facts giving rise to the offence came to the attention of the local municipality.

   12.  Subsection 240 (3) of the Act is amended by striking out “an employee in the Board or an employee in the Ministry” and substituting “an employee in the Board, an employee in the Ministry or an inspector appointed under section 226.1”.

   13.  Paragraphs 73 and 74 of subsection 241 (1) of the Act are repealed and the following substituted:

  73.  prescribing circumstances for the purposes of clause 224 (1) (b);

Commencement

   14.  (1)  Subject to subsection (2), this Schedule comes into force on the day the Promoting Affordable Housing Act, 2016 receives Royal Assent.

Same

   (2)  Sections 3 to 13 come into force on the later of,

  (a)  one year after the day the Promoting Affordable Housing Act, 2016 receives Royal Assent; and

  (b)  July 1, 2018.

 

Schedule 6
Smart Growth for Our Communities Act, 2015

   1.  Subsection 30 (3) of the Smart Growth for Our Communities Act, 2015 is repealed.

Commencement

   2.  This Schedule comes into force on the day the Promoting Affordable Housing Act, 2016 receives Royal Assent.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 7 and does not form part of the law.  Bill 7 has been enacted as Chapter 25 of the Statutes of Ontario, 2016.

The major elements of the Bill are described below.

schedule 1
development charges Act, 1997

Schedule 1 amends the Development Charges Act, 1997. Currently, the Act prohibits municipalities from imposing development charges when up to two additional dwelling units are created in prescribed classes of existing residential buildings. By virtue of the amendment, municipalities will also be prohibited from imposing development charges when a second dwelling unit is created in prescribed classes of proposed new residential buildings.

schedule 2
repeal of the elderly persons’ housing aid act

Schedule 2 repeals the Elderly Persons’ Housing Aid Act.

schedule 3
housing services act, 2011

Schedule 3 amends the Housing Services Act, 2011.

New section 19.1 of the Act provides that an enumeration of persons who are homeless shall be conducted by service managers in their service area at the times and in the form and manner directed by the Minister. Service managers are required to give the Minister and make available to the public specified information relating to the enumeration.

Sections 32 to 35 currently prohibit specified corporate changes relating to a local housing corporation unless the Minister consents or the prescribed requirements are met. Under these sections, as amended, the required consent is the consent of the related service manager (as defined in the Act), unless provided otherwise by the regulations. Under new section 35.1, the related service manager must give the Minister notice within 30 days of giving the consent.

Under new subsection 40 (3.1), households that are not receiving rent-geared-to-income assistance but are receiving an alternate form of financial assistance related to housing that is specified by the regulations or approved by the Minister may be included for the purposes of meeting the service levels relating to rent-geared-to-income assistance required under subsection 40 (1).

Section 47 currently provides that the service managers’ system for selecting households from those waiting for rent-geared-to-income assistance in their service area must comply with the prescribed requirements. Under new subsection 47 (4), the regulations may provide that the system may include rules that apply despite those prescribed requirements and that deal with households waiting for rent-geared-to-income assistance that have accepted an offer of an alternate form of financial assistance related to housing that is specified by the regulations or approved by the Minister.

Sections 161 and 162, which restrict certain transactions and activities relating to certain land, are re-enacted.

Section 161 currently applies with respect to real property that was transferred under a transfer order made under Part IV of the Social Housing Reform Act, 2000 (the “former Act”). Under that section and unless specified exceptions apply, a person may mortgage or develop the real property only with the consent of the service manager in whose service area the property is located and may transfer the real property only with the consent of the Minister. Section 161, as re-enacted, limits its application to designated housing projects that were transferred under a transfer order made under Part IV of the former Act. Under section 161, as re-enacted, the housing provider may transfer, mortgage or develop the designated housing project or the land where it is located only with the consent of the service manager in whose service area the designated housing project is located. Consent is not required for prescribed transactions or activities.

Section 162 applies to Part VII housing projects and to designated housing projects with respect to which a pre-reform operating agreement (as defined in the Act) applies. Under that section and except for prescribed transactions, the housing provider may mortgage the housing project or the land where it is located only with the consent of the service manager in whose service area the housing project is located and may transfer the project or the land only with the consent of the Minister. Under section 162, as re-enacted, the required consent for these transactions is the consent of the service manager, except for specified transfers where the required consent is that of the Minister. Consent is not required for prescribed transactions.

Section 163 currently requires a service manager to give the Minister notice within 10 days of giving a consent under section 161 or 162. Section 163, as re-enacted, maintains that requirement but adds the following new notice requirement which applies instead of the 10 days notice requirement: under subsection 163 (2), the service manager is required to give the Minister notice at least 45 days before giving a consent to transfer specified housing projects, unless the Minister waives or abridges the time for giving the notice.

New section 181.1 is added to give the Lieutenant Governor in Council the power to make regulations providing for transitional matters that are necessary or advisable to deal with issues arising out of the amendments to the Act made by the Schedule. Amendments are also made to the regulation-making powers of the Minister under section 182.

schedule 4
Planning Act

Schedule 4 amends the Planning Act. The principal amendments to the Act are described below.

The official plan of every municipality prescribed by regulation is required to contain policies that authorize inclusionary zoning and the official plan of any other municipality is permitted to contain such policies. Inclusionary zoning policies are policies which authorize the inclusion of affordable housing units within buildings or projects containing other residential units and which provide for the affordability of those affordable housing units to be maintained over time. Inclusionary zoning policies must set out goals and objectives and must describe the measures and procedures proposed to attain those goals and objectives. Inclusionary zoning policies must also include the provisions, if any, that are prescribed by regulation. Before adopting the parts of an official plan which contain inclusionary zoning policies, the council of the municipality must prepare an assessment report that includes the information specified in the regulations. The municipality must update the assessment report every five years as long as its official plan contains inclusionary zoning policies. Assessment reports must be made available to the public.

If the official plan in effect in a local municipality contains inclusionary zoning policies and the local municipality is prescribed by regulation, the municipality is required to pass a by-law to give effect to those inclusionary zoning policies. If the official plan in effect in a local municipality contains inclusionary zoning policies but the local municipality is not prescribed by regulation, the municipality is permitted to pass a by-law to give effect to those inclusionary zoning policies. The Act sets out matters that must be dealt with, and matters that may be dealt with, in an inclusionary zoning by-law. These include such matters as the number or the gross floor area of affordable housing units to be provided, the period of time for which the affordable housing units must be maintained as affordable housing units, the requirements and standards that the affordable housing units must meet, the measures and incentives that may be provided to support inclusionary zoning, and the price at which affordable housing units may be sold and the rent at which they may be leased. The Minister has the authority to make regulations regarding these matters and, if regulations are made, the by-law must reflect the regulations.

An inclusionary zoning by-law must also require the owners of any lands, buildings or structures that are to be developed or redeveloped under the by-law to enter into agreements with the municipality dealing with the matters mentioned in the preceding paragraph. Such an agreement may be registered against the land to which it applies and the municipality is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.

A municipality that passes an inclusionary zoning by-law is required to establish a procedure for monitoring and ensuring that the required affordable housing units are maintained as affordable housing units for the required period of time. The procedure must contain the provisions, if any, that are prescribed by regulation.

A municipality that passes an inclusionary zoning by-law is required to provide reports and information concerning affordable housing units in the municipality, as required by regulation.

If a municipality passes an inclusionary zoning by-law, it may authorize the erection or location of some or all of the required affordable housing units in or on lands, buildings or structures other than those that are the subject of the development or redevelopment, subject to the prohibitions or restrictions contained in the regulations. As well, the municipality may use its authority under section 37 with respect to the development or redevelopment, subject to the prohibitions or restrictions contained in the regulations.  However, the municipality is not permitted to authorize the payment of money in lieu of the provision of the required affordable housing units.

The Minister has the authority to make a regulation stating that an inclusionary zoning by-law does not apply to development or classes of development specified in the regulation in the circumstances specified in the regulation.

No one other than the Minister may appeal specified decisions, by-laws and conditions relating to policies that authorize the use of a second unit or policies that authorize inclusionary zoning.

By-laws requiring owners or occupants of buildings or structures to provide and maintain loading or parking facilities on land that is not part of a highway must contain the provisions, if any, that are prescribed by regulation. The Minister is authorized to make regulations respecting minimum parking requirements, including providing that there is no minimum parking requirement for specified lands, buildings or structures. If the Minister makes such a regulation and it conflicts with a by-law passed by a municipality, the regulation prevails.

When a person who wants to undertake development in a site plan control area submits drawings to the council of the municipality or to the Municipal Board for approval, the drawings must display the exterior access to each building that will contain affordable housing units, if both the official plan and the by-law designating the site plan control area contain exterior access requirements or standards related to inclusionary zoning.

A committee of adjustment is prohibited from authorizing a minor variance from those provisions of a by-law that give effect to an official plan’s inclusionary zoning policies.

An additional exception to subdivision control and part-lot control under subsections 50 (3) and (5) is provided. The exception is the situation where the land is being leased for a period of not less than 21 years and not more than 99 years for the purpose of constructing or erecting a building or project that will contain affordable housing units.

If a plan of subdivision proposes any affordable housing units, the draft plan that the applicant gives the approval authority must show the shape and dimensions of each proposed affordable housing unit and its approximate location in relation to other proposed residential units. In considering the draft plan of subdivision, the approval authority must have regard to the suitability of the proposed units for affordable housing.

If a condominium will contain affordable housing units and if a shared facilities agreement will be entered into under section 21.1 of the Condominium Act, 1998 or otherwise, the approval authority may impose, as a condition of the approval of the description, a requirement that the shared facilities agreement be satisfactory to the approval authority.

Despite any tariff of fees established by a municipality or planning board for processing applications, the fee charged for processing an application related to development or redevelopment that will include affordable housing units must not exceed the maximum fee prescribed by regulation.

schedule 5
residential tenancies act, 2006

Schedule 5 amends the Residential Tenancies Act, 2006. Here are some highlights.

Qualifications required for occupancy of specified rental or member units

New subsection 58 (3) of the Act provides that paragraph 2 of subsection 58 (1), which authorizes a landlord to give a tenant notice of termination of the tenancy in respect of specified rental units on the ground that the tenant has ceased to meet the qualifications required for occupancy of the rental unit, does not authorize a notice of termination on the ground that the tenant has ceased to be eligible for, or has failed to take any step necessary to maintain eligibility for, rent-geared-to-income assistance as defined in the Housing Services Act, 2011. An equivalent provision to subsection 58 (3) is added as new subsection 94.2 (3) with respect to notice of termination of a member’s occupancy of a specified member unit that a non-profit housing co-operative is authorized to give a member under paragraph 2 of subsection 94.2 (1).

Prescribed maintenance standards — scope of application

Under current subsection 224 (1), the prescribed maintenance standards apply to a residential complex, if the residential complex is located in unorganized territory or if there is no municipal property standards by-law that applies to the residential complex or if the prescribed circumstances apply. Under section 224, as re-enacted, the standards apply to a residential complex located in unorganized territory, but only for the purposes of a landlord’s obligations under subsection 20 (1) (landlord’s responsibility to repair) and the standards also apply to a residential complex located in a local municipality, if there is no municipal property standards by-law that applies to the residential complex or if there is such a by-law that applies to the residential complex and the prescribed circumstances apply.

Prescribed maintenance standards — enforcement

Currently, subsection 224 (2) provides that the Minister shall receive complaints from tenants respecting the standard of maintenance that prevails with respect to a rental unit or a residential complex to which the prescribed maintenance standards apply and subsection 224 (3) provides that upon receiving a complaint, the Minister shall cause an inspector to make an inspection to determine whether the standards have been complied with. These subsections are repealed and replaced with new subsections 224.1 (1) and (2) to provide that if the prescribed maintenance standards apply to a residential complex located in a local municipality, the municipality shall receive the complaints and cause an inspector to make an inspection to determine whether the standards have been complied with.

Under new section 226.1, a local municipality may appoint inspectors for the purpose of investigating complaints and for the purpose of issuing work orders to a landlord who has not complied with a prescribed maintenance standard.

Under new section 189.1, a landlord who applies to the Landlord and Tenant Board under section 226 for the review of a work order issued by an inspector appointed by a local municipality is required to give the local municipality a copy of the application and of any notice of hearing issued by the Board and is required, in specified circumstances, to file with the Board a certificate of service on the local municipality.

Under new clause 226.2 (a), a local municipality is required to monitor compliance with the prescribed maintenance standards as they apply to residential complexes located in the municipality. Under new clause 226.2 (b), the municipality is required to investigate specified alleged offences, such as failure to comply with work orders issued by an inspector appointed by the municipality, and under new clause 226.2 (c), the municipality is required, if the circumstances warrant, to commence or cause to be commenced proceedings with respect to these offences.

Currently, under section 229, the Minister may appoint investigators for the purpose of investigating alleged offences and appoint inspectors for the purposes of  investigating complaints and issuing work orders in cases of non-compliance with the prescribed maintenance standards. Section 229 is re-enacted to remove the Minister’s power to appoint inspectors and to give the Minister the power to appoint investigators for the purpose of investigating alleged offences under the Act, other than those specified in new clause 226.2 (b).

New section 226.4 provides that specified provisions of the Act, as they read before the day new section 224.1 (Local municipality to receive complaints) comes into force, continue to apply for specified purposes with respect to complaints that were received by the Minister before that date. These purposes include investigating the complaints, issuing work orders with respect to the complaints and ensuring compliance with work orders issued with respect to the complaints before, on or after that date.

schedule 6
Smart Growth for Our Communities Act, 2015

Schedule 6 amends the Smart Growth for Our Communities Act, 2015 by repealing an amending provision that is no longer needed because the proposed amendment has already been carried out through another statute.

 

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