BUILDING DURHAM

In the dynamic landscape of Ontario’s home-building industry, effective advocacy and lobbying play pivotal roles in shaping policies and influencing decisions that impact our industry and communities. As we navigate the intricate world of lobbying in Ontario, our upcoming OHBA Member Webinar seeks to shed light on the legal, reputational, and political risks associated with advocacy, empowering you with the knowledge necessary to use your voice and influence effectively.

Navigating Lobbying: Exploring the Legal, Reputational and Political Risks

Tuesday, December 12, 2023

8:30 – 9:30 AM EST

Join OHBA for an enlightening session that explores the nuances of advocacy and lobbying, providing valuable insights to foster a deeper understanding of its role within our industry and beyond. Led by legal experts Guy W. Giorno and Kyle M. Morrow of Fasken LLP, this webinar will:

• Explore the ethical restrictions on lobbying, including the restrictions on political activities, contingency fees, and conflicts of interest;
• Offer tips for complying with legal rules, including the rules on gifts, meals and hospitality;
• Explain lobbyist registration requirements at the municipal, provincial, and federal levels of government, including those that apply to your company; and
• Provide an update on enforcement trends in quasi-criminal and criminal proceedings.

Registration

This FREE webinar is open to OHBA Members and HBA Staff.

Registration is required, and membership status will be verified.

Secure your spot by Friday, December 8

Register Here!

On Wednesday, November 22, Minister of Public and Business Services Delivery (MPBSD), the Hon. Todd McCarthy introduced Bill 153, Building Infrastructure Safely Act, 2023,  which aims to improve the safety and efficiency of the Ontario "One Call" system.

The fact that the government is turning its attention to addressing issues with One Call and the locates system is a step in the right direction. OHBA has been engaged in communicating to the provincial government that the inability of One Call to meet locate timelines poses significant liabilities to construction deadlines, costs, and delivery of their own housing commitment of 1.5 million homes over the next decade.

One Call is mandated under the One Call Act to serve as a single point of contact for all underground infrastructure locate requests. Locates are written information and markings on the ground which identify underground infrastructure (e.g., gas, water and sewer lines). All owners and operators of underground infrastructure must become members of One Call. One Call's members include gas, electrical, telecommunication companies, and all municipalities that own or operate underground infrastructure in Ontario.

Ontario Newsroom: Ontario Helping Contain Costs of Building Roads and New Homes

Read Legislation: Bill 153, The Building Infrastructure Safely Act, 2023

Background On Proposed Changes

The government is proposing substantive changes to the operation of One Call in Bill 153, including:

1. Prohibiting infrastructure owners from charging excavators for locates.

2. Removing the excavator recourse provision that entitles excavators to seek recourse from infrastructure operators for late locates to the Ontario Land Tribunal for failing to provide a locate within the legislated time limit. Fines for late locates are going to be addressed by an administrative penalties system that comes into effect in Spring 2024.

OHBA Position

The OHBA remains encouraged by the announcement that proposes measures to forbid infrastructure operators from charging for locates. The long-standing industry practice of free-of-charge locates is critical for the construction sector to avoid spiralling costs and delays. The OHBA was highly engaged in communicating this to the government and is encouraged that the Ministry has listened to stakeholders about the importance of free-of-charge locates to keep unnecessary additional costs off home buyers.

What remains disappointing in this legislation is that there are no proposed changes to further improve the certainty of timing for locates to be completed. Delays in locate requests can often take unnecessarily long, thus slowing down construction activity across the residential construction sector as well as housing supportive infrastructure (roads, bridges, water and sanitary sewers, transit, etc.) at the time when it is needed the most.

The most important features of the One Call system are that it should be free-of-charge, accurate, and timely. All other proposed changes, legislative or regulatory should be focused on improving the timely service delivery of locates. The OHBA will be strongly advocating for the government to continue to engage the residential construction sector to find new and innovative ways to improve the One Call system.

Read OHBA Submission – RE: Consultation on a draft regulation proposal to specify large project locate requests under the Ontario Underground Infrastructure Notification System Act, 2012

Next Steps

The OHBA will continue to communicate its member's priorities and concerns to the government on the proposed legislative and regulatory changes coming from the Building Infrastructure Safely Act, 2023. OHBA will be preparing written submissions to respond to the Ontario Regulatory Registry postings (due by December 22, 2023) and requesting to appear at the public consultations to speak on the proposed changes from Bill 153.

CLOCA has released its proposed annual increase to its Fee Schedules for Planning Services and Regulation Services.

When the CLOCA Board of Directors considered the comprehensive update to their fee schedules in 2015, the principle of annual inflationary increases was endorsed in order to keep the fee schedules current and to avoid future large year-over-year increases to the fees.

The revised fee schedules provide for a 4% inflationary increase proposed to be effective on January 1, 2024 (the previous increase effective November 2022 was 7%).  No new fees are proposed and the structure of the fee schedules is proposed to remain unaltered.

The 2024 fee schedules and annual updates are also intended to support and build CLOCA's staff capacity to maintain or reduce review time.  For example, this year, CLOCA increased their staff capacity for Whitby and area with a new Development Planner position.

Staff are proposing that the schedules be approved at the November CLOCA Board of Director's meeting scheduled for Tuesday, November 21st.

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

The Town of Whitby has initiated their Official Plan Review & Update.  Council approved Report PD 23-28 Town-Initiated Official Plan Review: Terms of Reference.

The Whitby Official Plan was last updated in 2018 with a planning horizon to 2031.  The 2018 update involved significant changes to previous policies, resulting in a new long-term vision for the municipality that directs where and how to manage increased growth and development pressure, now and into the future.

This review and update will build upon the 2018 Official Plan, and other recent Secondary Plan updates, and focus on changes required to comply with the Planning Act, including:

• Conforming to updated policies of the new Envision Durham Regional Official Plan, pending approval by the Province;
• Updating the Brooklin Community Secondary Plan to reflect the expanded Urban Area Boundary to 2051 of approximately 500 hectares, per the new Regional Official Plan;
• Conforming to changes in Provincial legislation and the new Provincial Planning Statement, pending approval by the Province; and, 
• Ensuring that the vision for the Town of Whitby continues to meet the community's needs, while planning for future growth in a sustainable manner.

By 2051, Whitby is forecasted to grow to 244,890 in population and 95,210 jobs.

Updating the Official Plan is also a priority, as the Regional Municipality of Durham will no longer have Planning Authority to support lower-tier municipalities, once related Bill 23 amendments to the Planning Act take effect, pending provincial proclamation.

The Official Plan Review will be undertaken in four project phases, in addition to the current pre-project Initiation phase.

Pre-Project Initiation: Consulting Team Retained, Technical Advisory Committee established - Current Phase - Q4 2023

Phase 1: Background Review and Analysis - Q1 2024 - Q3 2024

Phase 2: Proposed Policy Updates - Q4 2024 - Q1 2025

Phase 3: Draft Official Plan Amendments - Q2 2025 - Q3 2025

Phase 4: Final Recommendation Official Plan Amendment(s) - Q4 2025 - Q1 2026

For additional information, contact Lori Teolin, MCIP, RPP Principal Planner, Policy and Heritage Planning at 905-444-2858.

DRHBA is currently looking for members to join our committees!  Joining a committee is a great way to get involved, meet other members and help the Association grow and thrive. 

The following committees are currently seeking members:

The Big 3 Committee

This committee will be responsible for planning and executing DRHBA’s “Big Three” events – the President’s Ball, the Awards of Excellence gala and the annual golf tournament.  This committee will meet monthly, on the first Wednesday of each month at 11 a.m., either in-person at the DRHBA office or via Zoom (committee will collectively decide).  This committee will have staff support and will be responsible for:

• Creating and approving budgets, presenting budgets to the board for approval
• Determining ticketing prices
• Creating/approving sponsorship opportunities
• Determining theme/décor
• Determining entertainment
• Determining menus
• Marketing ideas and approvals
• Awards – determining what awards are available & associated criteria
• Golf – providing ideas for hole activities, take home gift for golfers
• President’s Ball – providing ideas for interactive after dinner entertainment
• Debriefing after events
• Volunteering the day before/day of event as needed

Sales & Marketing Committee

This committee will be responsible for assisting the Association with marketing ideas and implementation; membership recruitment, campaigns and marketing; coming up with ideas for member events and educational seminars.  This committee will meet monthly on the second Thursday of each month at 11:00 a.m., either in-person at the DRHBA office or via Zoom (committee will collectively decide).  This committee will have staff support and will be responsible for:

• Creating marketing ideas and plans
• Ideas for member recruitment, campaigns and marketing
• Member event ideas
• Seminar/educational event ideas
• Other event ideas
• Helping with planning events as needed
• Volunteering at events when needed

Government Relations Committee

This committee is responsible for determining the direction of DRHBA’s advocacy efforts.  Members of this committee share their experience and knowledge to help the Association create positions and correspondence when needed to benefit the building industry.  This committee has its own budget and the committee is responsible for what issues warrant hiring outside consultants.  This committee meets every four weeks on Wednesday at 3 p.m. via Zoom.  This committee has staff support and is responsible for:

• Providing information on upcoming and current issues that impact the residential construction industry
• Providing knowledge and information to help shape DRHBA’s position on issues
• Providing information to include in correspondence to municipalities/the Region/the province
• Attending meetings with municipal staff and politicians as needed
• Delegating to committees/council as needed

Renovator Committee

This committee is made up of renovators or those who are involved in the renovation industry.  This committee meets quarterly to discuss issues that impact the renovation industry and determine any actions taken by DRHBA to help renovators at the municipal and regional level.  This committee also promotes the RenoMark program.

If you have any questions about any of the committees or are interested in joining one, please contact Stacey.

The Ontario Home Builders’ Association (OHBA) is pleased to announce the appointment of Neil Rodgers as interim CEO. The decision was approved by the OHBA Board of Directors, with President Dave Depencier emphasizing the importance of this appointment, stating, “The need for this hire is to ensure continuity in OHBA’s operations and in fulfilling our mission to represent and advocate for the interests of Ontario’s home building industry.

Neil Rodgers brings a wealth of experience and qualifications to his role as interim CEO. Neil holds a degree from the University of Waterloo, School of Urban Planning, and boasts over 35 years of land use planning and development industry expertise. With more than 20 years of experience and a strong track record of volunteerism with the industry association sector, Neil is well prepared to lead OHBA during this transition period.

Notably, Neil served as President of UDI/Ontario for several years, where he successfully led the merger of UDI/Ontario and the Greater Toronto Home Builders’ Association, which has since rebranded to BILD. Rodgers’ long history of involvement with OHBA, including serving as a Director from 2011 to 2016 and as President from 2016-2017, along with his volunteer positions within BILD, OHBA and CHBA, align perfectly with the association’s needs.

President Dave Depencier expressed his confidence in Neil, saying, “His extensive background in association management, public policy, and government relations makes him an ideal candidate to steer OHBA forward. The OHBA Board of Directors welcomes his valued expertise, counsel, and organizational acumen as we navigate this transition phase."

At the October 2, 2023 Oshawa council meeting, council voted against expanding the Residential Rental Housing Licensing (RRHL) program city-wide.

Councillor Nicholson asked to break the recommendations contained in Report SF-23-28 into two sections for voting purposed.  Parts 1 to 13 recommended implementing the RRHL city-wide and detailed what units would be impacted.  Part 14 recommended forming an advisory committee to deal with the issues.

Parts 1-13 lost 3 to 5.  Voting in favour were Councillors Giberson, Lee and Neal.  Voting against were Councillors Kerr, Marimpietri, Marks, Nicholson and Chapman.  Mayor Carter and Councillor Gray had declarations, and Councillor McConkey was absent.

Part 14 lost in a tie 4-4.  Voting in favour were Councillors Giberson, Kerr, Neal and Nicholson.  Voting against were Councillors Lee, Marimpietri, Marks and Chapman.  Mayor Carter and Councillor Gray had declarations, and Councillor McConkey was absent.

Councillor Kerr introduced a motion, seconded by Councillor Giberson:

That staff be directed to investigate the dissolution of the current RRHL and that those staff resources be applied in targeted unsafe housing applications.

This motion passed 7-1.  Voting in favour were Councillors Chapman, Giberson, Kerr, Nicholson, Lee, Marimpietri and Marks.  Councillor Neal voted against.  Mayor Carter and Councillor Gray had declarations, and Councillor McConkey was absent.

DRHBA sent in numerous letters to committee and council against the expansion, and the Association is pleased that council voted against it.

On Thursday, September 28, 2023, the Hon. Paul Calandra, Ontario’s Minister of Municipal Affairs and Housing, tabled Bill 134 the Affordable Homes and Good Jobs Act, 2023.  If passed, this legislation would make it less expensive and easier to build affordable homes, provide certainty to municipalities and help more Ontarians find an affordable home based on their household income.

This would help support measures made through the government’s housing supply action plans and its commitment to help communities across Ontario build at least 1.5 million homes by 2031.

The province has released the ERO, and is accepting comments until October 28^th, 2023.

Within the tabled legislation is a new definition of affordable housing.  Bill 134 proposes to amend the Development Charges Act, 1997 to change the definition of an affordable housing residential unit for the purposes of discounting and exempting these units from the municipal development-related charges (including community benefit charges, parkland dedication requirements and development charges).  It is intended to incent the development of housing that would be considered affordable to moderate income households and help lower the cost of building, purchasing, and renting affordable homes across the province.

The proposed new definition would be based on the existing definition of affordable housing in the Provincial Policy Statement (PPS), 2020, which considers local income in addition to market prices.  The proposed new definition would consider the housing costs that are affordable for households that, in the Minister of Municipal Affairs and Housing’s opinion, are in the 60^th percentile of gross annual income in the applicable local municipality.

Under the proposed change, an affordable residential unit would be defined as:

For rental housing, where the rent is no greater than the lesser of,

      i.            The income-based affordable rent for the residential unit set out in the Affordable Housing Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and

  ii.            The average market rent identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based rent applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

a.       Determine the income of a household that, in the Minister's opinion, is at the 60^th percentile of gross annual incomes for rental households in the applicable local municipality; and

b.       Identify the rent that, in the Minister’s opinion, is equal to 30 per cent of the income of the household referred to in clause (a).

For ownership housing, where the price of the residential unit is no greater than the lesser of,

    i.            The income-based affordable purchase price for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and

 ii.            90 per cent of the average purchase price identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based affordable purchase price applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

a.       Determine the income of a household that, in the Minister's opinion, is tat the 60^th percentile of gross annual incomes for households in the applicable local municipality; and

b.       Identify the purchase price that, in the Minister’s opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a)

Related Information:

Development Charges Act, 1997, S.O. 1997, c.27

Bill 23, More Homes Built Faster Act, 2022

Planning Act R.S.O. 1990, c. P.13 (Ontario.ca)

Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument

Changes to the Definition of an “Affordable Residential Unit” in the Development Charges Act, 1997 for the Purpose of Municipal Development-Related Discounts and Exemptions

Statement from OHBA:

Today, the Ontario Minister of Municipal Affairs & Housing tabled the “Affordable Homes and Good Jobs Act”.  If passed, this legislation will enact two important measures that will reduce cost and streamline processes to get more homes built, faster.  

 The first provision more precisely defines “affordable housing” for the purpose of determining which housing units should be eligible for development-related charge discounts and exemptions. This is an important step in helping our members make more affordable housing developments economically viable.

 The second provision of interest to OHBA’s members relates to further reforms at the Ontario Land Tribunal.  The backlog of cases at the OLT has been a problem for all parties involved for many years.  Measures to clear this backlog, reduce delay and reduce cost are welcome by everyone involved in developing housing in Ontario. 

 OHBA, our 27 chapter associations, and the 4,000 builders and renovators across Ontario that we represent all welcome these important changes and commend the Province of Ontario for taking these important steps.  Our association has been advocating for these measures for many months and has provided constructive advice to the Province on both of these issues.  We look forward to reviewing the details of these proposals in the coming days and to participating in the legislative debate over the coming weeks.

Ministry of Municipal Affairs and Housing (MMAH) Code Update

This past week during OBOA’s annual conference, MMAH’s James Ross and Mansoor Mahmood provided an update on the release of the 2020 Ontario Building Code.

New code regulations won’t be published until January, 2024. As the new Minister takes time to review the proposed changes, the MMAH team is working on a “transition plan” which will likely result in a number of changes having an in-effect date beyond the March 31^st, 2024, deadline.

When asked about the proposed adoption of the tiered energy system (Tier 1 for Part 3 buildings and Tier 3 for Part 9), the response was that this proposal was on the list of items to be reviewed by the Minister. From this response, we anticipate further clarity in January when the regulations are to be posted.

Reinvigorating the OHBA Technical Committee

We at OHBA are excited to announce that we are preparing to host a Technical Committee session on Nov. 15^th from 10am until 11:30am! The focus of this session will be on the code harmonization process and key focus area for the 2025 and 2030 National Codes. We will also be looking to receive feedback during this session on future session topics. Hold the date, we will be sending out an invite to this event soon.

Call for Building Code Sub-Committee Members

The Builder/Developer Council is looking for members with an interest in code development to join the Building Code Sub-Committee! We are looking for members who are interested in getting involved in the code development process and providing meaningful feedback on proposed code changes at the Provincial and Federal levels. Interested members can contact Miyoko at moikawa@ohba.ca for more information.

Oshawa Fire Service has reached out to DRHBA to ask for help in completing a project that will help improve their training. 

Oshawa Fire Services wants to build a permanent trench to facilitate trench rescue training.  Trench rescue requires substantial training and certification, as these types of rescues are very dangerous.  Oshawa Fire has performed several trench rescues in Oshawa, as well as other municipalities (that do not have the training/certification required to perform the rescues).  Typically, the people being rescued in these scenarios are construction workers.

Oshawa Fire would like to have this permanent trench constructed on their property at Harmony and Coldstream (next to Fire Station #5).  They are hoping to collaborate with our Association/members to complete this project at no cost.  Oshawa Fire Services will host a media event to highlight the trench and those who helped build it, as well as promoting those who helped on their socials. 

The trench would need to be 8 feet deep.  It was described as a T-shape, with an L coming off the bottom.  The top of the T would be 12 feet, the stem 6-8 feet, and the L off the left or right side 6 feet.

To build, they require a set of drawings completed by an engineer, someone to dig the actual trench, and to have the concrete formed and poured.

Any members willing to donate either services or financially are asked to contact Stacey.