BUILDING DURHAM

On January 1, 2022 Ontario Building Code changes to stairs/ramps/handrails and guards come into effect.

Members should review all housing projects for any permits you plan to pull after January 1, 2022 and make sure they are complying with these new requirements.

A building permit issued before January 1 with the current stair requirements can be constructed under the current requirements in 2022 so long as the permits stay valid.  Most building permits are valid for six months after being issued by the municipality.

Details of Changes

Assessment of Chargeability

In line with provincial health requirements last year, Tarion increased the use of virtual inspections and temporarily moved the assessment of chargeability to the time of the claim inspection. This temporary modification to chargeability was put in place to help industry adjust to the ongoing changes to the claims process due the pandemic.

As provincial health requirements have evolved and we return to more in-person inspections, effective November 29, 2021 the temporary modification to chargeability is being removed and assessment of chargeability is moving back to the time of the warranty assessment. Conciliation fees for homeowners, which were also waived last year, were reinstated earlier this year.

New Temporary COVID-19 Exception to Chargeability

We are advised that the pandemic is causing disruptions in the manufacturing and distribution of building materials, hardware, appliances and equipment required for new home construction and service. 

All exceptions to chargeability that are outlined in Registrar Bulletin 04, and all other provisions outlined in RB04 will continue to apply. However, for all conciliations that take place on or after November 29, 2021, Tarion will also add a temporary exception to chargeability. This exception will address issues with supply chains, material shortages and trades as a result of the COVID-19 pandemic. In order for the exception to be applied, the conditions will have to be met as outlined in the revised Registrar Bulletin 04. 

If the criteria are met and the exception is found to apply, Tarion can extend the post-conciliation repair period and document the extension provided in the Warranty Assessment Report. 

If builders are aware that an item will be delayed due to COVID-19, every attempt should be made to contact Tarion well before the conciliation to request an extension to the pre-conciliation repair period, pursuant to Registrar Bulletin 01 and Registrar Bulletin 02.

We also again encourage you to review the following resources for additional information on Tarion's COVID-19 response:

·     Updated Q&A on Unavoidable Delay & Critical Dates

·     Shortages In Building Materials, Hardware, Appliances & Equipment

·     PDIs & Delayed Closing 

·     Consumer Resources

Need Help? Call Tarion.

If you have questions, please contact our Customer Service team at 1-877-982-7466 or email covid19@tarion.com.

The provincial government has released an online COVID-19 Safety Plan Builder to help employers develop their own document that outlines the actions and processes you are taking to keep workers, suppliers, and clients safe.

It is an online, interactive platform that will make it easier and faster for employers to create a workplace safety plan to address the risks of exposures to workplace hazards like COVID-19.

The workplace safety plan builder can be found at Ontario.ca/COVIDSafety, along with the existing safety plan guide and other helpful resources for businesses.

The Town of Whitby passed an interim control by-law restricting development in certain areas of the Town on December 7, 2020.

The interim control bylaws (#7699-20 and #7700-20) temporarily prohibit the creation of new intensified residential uses within areas identified in the interim control bylaws and key map for an initial period of one year up to a maximum of two years.

This pause in residential intensification is to allow the Town to undertake a study of the existing mature residential neighbourhoods and examine the regulatory framework of the Town's Official Plan and Zoning By-laws and propose recommendations for amendments that will assist in maintaining the character of the residential neighbourhoods.

This means the Town will not be accepting or processing development applications or building permits for the following types of applications within the identified areas:

• Rebuilding a residential dwelling with 35% or more gross floor area
• Expanding the gross floor area of existing residential dwellings by 35% of more
• Increasing the height of residential dwellings
• Building new residential dwellings on vacant lots that do not meet the exemptions listed in the interim control bylaws
• Any development or redevelopment that serves to increase the number of dwelling units, excluding accessory apartments.

More information on the interim control bylaws can be found here.

The Town has hired SGL Planning & Design Inc. to conduct the related study which will propose recommendations for amendments to assist in maintaining the character of these residential neighbourhoods.  The study work commenced in March 2021 and so far, two reports have been released:

• Whitby Mature Neighbourhoods Background and Analysis Report
• Whitby Mature Neighbourhoods Options Draft Report

More information on the Mature Neighbourhoods Study can be found here.

Press Release:

Building public transit is essential to creating jobs and sustaining economic growth. To support these goals, we must prioritize measures that will build the public transit systems Canada needs now, and in the future. Investing in public transit supports Canadians through the pandemic, positions Canada for recovery by creating good jobs and supporting Canadian companies, and transforms our society for a cleaner, better future.

That is why, together, our governments are taking decisive action to help families, businesses and communities as they adapt to the realities of the COVID-19 pandemic.

Ontarians need safe and reliable public transit to get to work and home, to appointments, to shop for essentials, and to conduct business. Strategic investments in public transportation infrastructure play a key role in delivering these services.

Jennifer O’Connell, Member of Parliament for Pickering—Uxbridge, on behalf of the Honourable Catherine McKenna, Federal Minister of Infrastructure and Communities; the Honourable Mark Holland, Member of Parliament for Ajax; Ryan Turnbull, Member of Parliament for Whitby; the Honourable Peter Bethlenfalvy, Ontario’s Minister of Finance and Member of Provincial Parliament for Pickering-Uxbridge, on behalf of the Honourable Kinga Surma, Ontario’s Minister of Infrastructure; the Honourable Rod Phillips, Ontario’s Minister of Long-Term Care and Member of Provincial Parliament for Ajax; Lorne Coe, Ontario’s Chief Government Whip and Member of Provincial Parliament for Whitby; and John Henry, Regional Municipality of Durham’s Chair and Chief Executive Officer, announced joint funding for the construction of dedicated Bus Rapid Transit (BRT) infrastructure in the City of Pickering.

The Government of Canada is investing more than $45.8 million in this project through the Public Transit Infrastructure Stream (PTIS) of the Investing in Canada plan. The Government of Ontario is providing over $38.1 million, and the Regional Municipality of Durham is contributing more than $30.5 million.

Funding for this project will go towards the construction of 7.5 km of dedicated median bus rapid transit lanes, 20 sheltered bus stops at 10 locations, and 7.5 km of bike lanes along Highway 2 in Pickering. The project is part of the Durham-Scarborough Bus Rapid Transit initiative, which will provide more frequent and reliable transit services to the Durham Region and the City of Toronto. Once completed, this project will provide residents with a safe and more accessible public transit system and enhanced active transportation options.

All orders of government continue to work together for the people of Ontario to make strategic infrastructure investments in communities across the province when needed most.

Quotes:

"Today’s investment will help create better and more reliable public transit infrastructure in the Regional Municipality of Durham. Together with our partners, we continue to support public transit infrastructure across the country so that people can get where they need to go in faster, safer, and cleaner ways. Canada’s infrastructure plan invests in thousands of projects, creates jobs across the country, and builds cleaner, more inclusive communities."

- Jennifer O’Connell
Member of Parliament for Pickering—Uxbridge, on behalf of the Honourable Catherine McKenna, Federal Minister of Infrastructure and Communities

"Integrated and accessible public transit systems are essential to building cleaner and more inclusive communities. The construction of Bus Rapid Transit in Durham means more frequent and reliable public transit services, saving people time and money, and better linking them to friends, family and other communities across the region."

- The Honourable Mark Holland
Member of Parliament for Ajax

"Today’s announcement will create good paying jobs, while also creating future opportunities for greener transit options, while ensuring that residents in the Regional Municipality of Durham have continued access to a safe, modern, and reliable public transit system for years to come."

- Ryan Turnbull
Member of Parliament for Whitby

"This project will improve future access to and from Pickering GO Station connecting residents to jobs, schools, and other communities, making it faster and easier for residents in Pickering and Durham Region to connect to GO Transit and Durham Region Transit."

- The Honourable Peter Bethlenfalvy
Ontario’s Minister of Finance and Member of Provincial Parliament for Pickering-Uxbridge, on behalf of the Honourable Kinga Surma, Ontario’s Minister of Infrastructure

"Provincial, federal and local governments are working together to improve public transit infrastructure in Durham Region. Residents will benefit from the Bus Rapid Transit Lanes on the Highway 2 corridor, which will result in faster commutes and shorter travel times."

- The Honourable Rod Phillips
Ontario’s Minister of Long-Term Care and Member of Provincial Parliament for Ajax

"As the COVID-19 pandemic has clearly highlighted, investments in public transit are more critical than ever to the success of our communities. Today’s investments will provide thousands of residents in the Town of Whitby, and Region of Durham with access to modernized public transportation options that will allow them to travel our Region safely and more easily."

- Lorne Coe
Chief Government Whip and Member of Provincial Parliament for Whitby

"The Durham-Scarborough Bus Rapid Transit project is a great opportunity to continue to build and connect our communities. Travel demand continues to grow in Durham Region and, with our federal and provincial partners, we will continue to provide safe and reliable transit for residents and visitors."

- John Henry
Regional Municipality of Durham’s Chair and Chief Executive Officer

The Town of Ajax has initiated a Schedule C Municipal Class Environmental Assessment (EA) study to assess potential transportation improvements to Harwood Avenue between Taunton Road and Woodcock Avenue.

The study will confirm the recommendations of the Town's Integrated Transportation Master Plan (ITMP) and review possible improvements to accommodate the current and future transportation needs of pedestrians, cyclists, transit users and motorists along this corridor.

The study includes:

• Community and stakeholder consultation
• Evaluation of alternative solutions and alternate designs
• Assessment of the potential environmental effects associated with the proposed improvements and the identification of reasonable means to mitigate any adverse impacts.

Learn more and provide feedback at ajax.ca/harwood.

In accordance with provincial direction, Clarington council has directed staff to initiate Official Plan and Zoning Bylaw Amendments to increase permissions for Additional Dwelling Units (ADUs), which are also known as secondary suites, in-law suites, in-house apartments, and basement apartments.  A copy of the proposed Official Plan and Zoning Bylaw Amendments are available at Clarington.net/ADUs.

The proposed Official Plan and Zoning Bylaw Amendments are being advanced as part of Clarington's Affordable Housing Toolkit, and are in response to changes to the Planning Act as a result of Bill 108, More Homes, More Choice Act, 2019.

The proposed Official Plan Amendment outlines new policies to allow for one ADU within a house and one ADU in an accessory structure on the same lot.  This will apply to properties in rural and urban areas.  However, due to provincial policies, there will be some restrictions to ADUs within the Oak Ridges Moraine and the Greenbelt.

The proposed Zoning Bylaw Amendments contain regulations to implement the proposed Official Plan policies within the Official Plan Amendment, which include regulations regarding the location, size, and parking requirements of ADUs.  Amendments to Zoning Bylaw 84-63 (south of the Oak Ridges Moraine) also include regulations for ADUs within accessory buildings.

A copy of the staff report will be available on the afternoon of Thursday, September 9, 2021 and may be found at www.clarington.net/calendar.  You may also contact Mark Jull at mjull@clarington.net or 905-623-3379 ext. 2426 for more information or to provide comments.

The public meeting will be held at the Joint Committee Meeting on Monday, September 13, 2021 at 9:30 a.m.  If you wish to speak at the public meeting, please pre-register by completing the online form at www.clarington.net/delegations or contact Clerks at 905-623-3379 ext. 2131 by 4:15 p.m. on Friday, September 10, 2021.

For more information, view:

ADU Comparison Table

Proposed Official Plan Amendment

The Region of Durham has just released their Housing Intensification Study - the second in a series of reports being presented through the Land Needs Assessment (LNA) process.  The purpose of the report is to document the capacity for accommodating residential and mixed-use growth within the Region's built-up area, determine the intensification potential of strategic growth areas, as well as to provide policy recommendations, including recommendations on refinements to the Region's Urban Structure and intensification targets.

If you wish to provide feedback, you may do so by submitting comments electronically to EnvisionDurham@durham.ca by October 4, 2021.

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The Region of Durham is considering a Regionally-initiated application to amend the Regional Official Plan to implement policies that support transit-oriented development within Protected Major Transit Station Areas across Durham Region.

The proposed amendment provides land use policies and delineation areas where there policies would apply, for "Protected Major Transit Station Areas" generally surrounding the existing Pickering, Ajax and Whitby GO Transit Stations, and the proposed station locations at Thornton's Corners (Oshawa), Central Oshawa (Ritson), Courtice and Bowmanville along the GO East Extension.

Once adopted by Regional Council, the amendment will be submitted to the Minister of Municipal Affairs and Housing for approval under Section 16(6) of the Planning Act, RSO 1990.

Please review the early release report Proposed Regional Official Plan Amendment - Policies and Delineations for Protected Major Transit Station Areas (ROPA 2021-003) released Friday, July 30.

In addition, you are invited to participate in the following virtual events:

Public Open House - August 24, 2021 - 6:30 p.m. - 8:00 p.m.

The purposed of the Public Open House is to deliver a staff presentation and provide the public with the opportunity to ask questions, and to discuss the proposed Amendment and provide comments and information to staff.

To register for the Public Open House, please click here to complete the registration form.  Upon registration, you will receive an email with further information.

Statutory Public Meeting - September 7, 2021 at 9:30 a.m.

The purpose of the Public Meeting is to provide interested parties with the opportunity to provide Durham's Planning & Economic Development Committee comments and provide additional information relative to the amendment.

Any person may view the Statutory Public Meeting via live streaming and make submissions concerning the proposed Amendment.

Click here to view the live stream.

Written Submissions: submit your written correspondence and questions to clerks@durham.ca by 12:00 PM on Wednesday, September 1, 2021 quoting the file number. Comments will be considered by Council prior to a decision on the matter.

Delegations: If you wish to make a delegation before Committee, please submit your request in writing to delegations@durham.ca by 12:00 PM, on Monday, September 6, 2021. Members of the public who register in advance of the meeting will be provided with the details to delegate electronically.

Please Note:

If in person attendance is required, arrangements must be made by emailing clerks@durham.ca prior to the meeting date to discuss the accommodation.

Comments or questions? An information report outlining the details of the proposed official plan amendment and about your appeal rights may be obtained from the Durham Region Planning Division. Contact Colleen Goodchild, Manager of Policy Planning and Special Studies at 905-668-4113 ext. 2580, or at colleen.goodchild@durham.ca.

If you wish to be notified of subsequent meetings or of the decision of Regional Council on the proposed Official Plan Amendment, you must email Colleen Goodchild at colleen.goodchild@durham.ca or submit a written request to the Commissioner of Planning and Economic Development at the following address:

605 Rossland Road East, Box 623, Whitby, Ontario, L1N 6A3

Please include your address, telephone number, email address and the Regional file number.

Personal information from those who make either oral or written submissions on the application is collected by the Region of Durham under the authority of the Planning Act and will become part of the public record.