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BUILDING DURHAM


  • April 27, 2020 2:08 PM | Anonymous member (Administrator)

    Premier and Ministers Commit to New Phased Approach for a Safe Restart and Recovery

    TORONTO — Today, the Ontario government released A Framework for Reopening our Province, which outlines the criteria Ontario's Chief Medical Officer of Health and health experts will use to advise the government on the loosening of emergency measures, as well as guiding principles for the safe, gradual reopening of businesses, services and public spaces. The framework also provides details of an outreach strategy, led by the Ontario Jobs and Recovery Committee, to help inform the restart of the provincial economy.

    Details were provided by Premier Doug Ford, Rod Phillips, Minister of Finance, Vic Fedeli, Minister of Economic Development, Job Creation and Trade, and Christine Elliott, Deputy Premier and Minister of Health.

    "Our top priority remains protecting the health and safety of the people of Ontario and supporting our frontline heroes as we do everything in our power to contain and defeat this deadly virus," said Premier Ford. "At the same time, we are preparing for the responsible restart of our economy. This next phase of our response to COVID-19 is designed to help us map out what needs to be done, and when, to get us back on the road to recovery."

    The government is planning a stage-by-stage approach to reopening the economy to ensure there are appropriate measures in place so workplaces can open safely. Public health officials will carefully monitor each stage for two to four weeks, as they assess the evolution of the COVID-19 outbreak to determine if it is necessary to change course to maintain public health.

    • Stage 1: For businesses that were ordered to close or restrict operations, opening select workplaces that can immediately modify operations to meet public health guidance. Opening some outdoor spaces like parks and allowing for a greater number of individuals to attend some events. Hospitals would also begin to offer some non-urgent and scheduled surgeries, and other health care services.
    • Stage 2: Opening more workplaces, based on risk assessments, which may include some service industries and additional office and retail workplaces. Some larger public gatherings would be allowed, and more outdoor spaces would open.
    • Stage 3: Opening of all workplaces responsibly and further relaxing of restrictions on public gatherings.

    Throughout each stage, continued protections for vulnerable populations must be in place, along with the continued practice of physical distancing, hand washing and r espiratory hygiene, and significant mitigation plans to limit health risks.

    "Recent public health indicators show us that we're beginning to turn a corner in the COVID-19 outbreak, while economic data, feedback from businesses and insights from our communities are outlining how we need to plan for economic recovery," said Minister Phillips. "Turning on an economy after an unprecedented shut-down is not as simple as flipping a switch. We need to plan this out carefully to ensure we do not spark a sudden outbreak, undo the progress we have made and put the safety of the public at risk."  

    To reopen the economy, the government will consider factors such as the risk of the spread of COVID-19 and the ability to implement protective measures to keep workplaces safe. The Chief Medical Officer of Health and health experts will provide advice to the government about easing public health measures using a range of set criteria, including:

    • A consistent two-to-four week decrease in the number of new daily COVID-19 cases;
    • Sufficient acute and critical care capacity, including access to ventilators and ongoing availability of personal protective equipment;
    • Approximately 90 per cent of new COVID-19 contacts are being reached by local public health officials within one day, with guidance and direction to contain community spread; and
    • Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.

    "It is because of the collective efforts of all Ontarians to stay at home and stop the spread of COVID-19 that we are able to consider plans to move into the next phase of our battle against this virus," said Minister Elliott. "The Chief Medical Officer of Health has outlined some criteria he will use to advise government on when we may begin to slowly and safely ease public health measures and restart our economy. To be able to do so, w e need everyone to continue their extraordinary efforts so that we can meet these thresholds and begin to move forward."

    Supporting the next phases of Ontario's Action Plan, the new Ontario Jobs and Recovery Committee, chaired by Minister Phillips, will be consulting with key sectors in all regions to assess the impact of COVID-19 on the provincial economy and develop a plan to move forward. The government and Members of Provincial Parliament will lead discussions with business associations, chambers of commerce, municipal leaders, the postsecondary sector, corporate leaders, small business owners, community and social service providers, Indigenous partners, Franco-Ontarians, entrepreneurs and others.

    The work of the committee will build on Ontario's Action Plan: Responding to COVID-19, the first phase of the government's $17 billion response, that is delivering targeted relief for businesses and families across Ontario.

    "The COVID-19 outbreak has had far-reaching economic impacts for businesses and communities across Ontario," said Minister Fedeli. "In the face of these challenges, businesses and individuals have stepped up to support our frontline workers, produce essential equipment and keep our supply chains moving. Our plan to carefully and methodically reopen Ontario's economy will ensure that businesses are supported on our path to renewed economic prosperity."



  • April 27, 2020 11:28 AM | Anonymous member (Administrator)

    On April 24, 2020, the Government of Ontario took further action to support corporations, including condo corporations, co-operative corporations, businesses, and not-for-profits during the COVID-19 outbreak with amendments to Emergency Order O. Reg. 107/20.

    The Emergency Order is in effect province-wide and retroactive to March 17, 2020, the day the Declaration of Emergency came into effect. The Emergency Order can be accessed here: https://files.ontario.ca/solgen-oic-meetings-for-corporations.pdf and will be available on e-laws shortly.

    The Emergency Order was amended to:

    1)      Permit corporations governed under the Co-operative Corporations Act (CCA) and Condominium Act, 1998 (Condo Act) to hold meetings virtually, notwithstanding current requirements or restrictions;

    2)      Extend the time period in which corporations governed under the CCA and Condo Act must hold annual meetings; and

    3)      Address additional matters related to meetings for corporations under the Corporations Act (CA), Business Corporations Act (OBCA), Condo Act and CCA, such as the re-issuing of notices to hold a meeting virtually after a notice of meeting has already been sent, in certain circumstances, and, as applicable, the requirement to present financial statements at annual meetings within a specified period.

    The order applies to requirements under the CA, OBCA, CCA, and Condo Act.

    Questions related to Emergency Order O. Reg. 107/20 can be directed to Victoria Walker, Manager, Policy and Business Law Unit at Victoria.Walker@ontario.ca.



  • April 24, 2020 2:18 PM | Anonymous member (Administrator)

    The Durham Region Home Builders' Association has been asked to join Oshawa's Economic Recovery Task Force, initiated by Mayor Dan Carter and chaired by Ward 2 City and Regional Councillor Tito-Dante Marimpietri.

    The Association is being represented by executive officer Stacey Hawkins, who will attend (virtually for now) the bi-monthly meetings.

    The purpose of the task force is to identify actions to support the needs of Oshawa businesses impacted by COVID-19 and how the City and businesses can work together to help the economy recover.

    The task force is made up of members of the business community in Oshawa, and includes representatives from post-secondary institutions, public institutions, the business community and the development community.

    If members have any comments, concerns or ideas they would like brought to the task force, please email them to Stacey at s.hawkins@drhba.com.

    Stacey may also be reaching out to members for feedback and information to bring back to the task force.



  • April 24, 2020 12:30 PM | Anonymous member (Administrator)

    Today Prime Minister Justin Trudeau announced further details about the Canada Emergency Commercial Rent Assistance (CECRA) program.

    The program has been designed to lower the rent of commercial properties by 75 per cent for affected small businesses, and it will be provided in partnership with the provinces and territories.

    The basics of the program are that the rent will be covered by three entities:

    • 50% covered by the government via a forgivable loan to property owners
    • 25% covered by the property owner
    • 25% paid by the tenant

    The program will provide forgivable loans to qualifying commercial property owners to cover 50 per cent of three monthly rent payments payable by eligible small business tenants experiencing financial hardship during April, May and June.  In order for the loans to be forgiven, the mortgaged property owner will have to agree to reduce the eligible small business tenants' rent by at at least 75 per cent for three months under a rent forgiveness agreement.  The agreement will also include a pledge not to evict the tenant while the agreement is in place.  

    Businesses that are expected to be eligible for the program include:

    • Those that are paying less than $50,000 per month in rent and who have temporarily ceased operations; OR
    • Have experienced at least a 70 per cent drop in pre-COVID-19 revenues.

    The program is expected to be operational mid-May and will be administered and delivered by Canada Mortgage and Housing Corp.



  • April 24, 2020 12:00 PM | Anonymous member (Administrator)

    The annual Durham Region Home Builders' Association hard copy directory is now available for free for members.

    The handy 2020 DRHBA Membership Directory lists all of DRHBA's members with contact information, as well as information about the Association.

    Copies are available for free to current members.

    For your copy, please email Katelyn at k.widdop@drhba.com with the number of copies you would like and the shipping address.



  • April 24, 2020 10:43 AM | Anonymous member (Administrator)

    The Region of Durham is planning to introduce an amendment to their current development charge by-laws (Region-wide DC by-law #28-2018 and Transit DC by-law #81-2017) to waive the DC indexing for 2020.

    In order to pass the amendment, the Region of Durham needed to complete two background studies, which can be viewed/downloaded here:

    Region-wide DC Background Study

    Regional Transit DC Background Study

    Highlights:

    • The purpose of the background studies are to provide for the waiving of the scheduled July 1, 2020 indexing (if there is a positive increase) of the development charges.
    • Given the current economic conditions and future uncertainties related to the COVID-19 pandemic, it is anticipated that there will be an impact on demand for new housing and non-residential development which may negatively impact the residential and non-residential construction industry and related employment (skilled tradespersons, local restaurants, material suppliers, etc.)
    • Given the current provisions for indexing of development charges, the cost of residential and non-residential development is anticipated to increase July 1, 2020, potentially reducing the level of development within these sectors.  This is an opportunity for Regional Council to consider waiving development charge indexing, in order to provide some relief for local development and building industry during these uncertain times.
    • Because the indexing rate will not be known until mid-May, the impact on revenue is not known at this time.

    Important Dates

    Public Meeting of Council - May 27, 2020

    Final Date for Public Comment - June 1, 2020 at 5:00 p.m.

    Consideration of Final Amending By-law - June 24, 2020

    Comments

    Please send any comments to DRHBA by emailing Stacey at s.hawkins@drhba.com.



  • April 23, 2020 2:04 PM | Anonymous member (Administrator)

    On April 15, the government passed O Reg 149/20 made under the Planning Act for the "Special Rules Relating to Declared Emergency."

    Earlier this week a "plain language" explanation of the regulation was published on the ERO by the provincial government.

    Members are encourage to review the Amendments to the Planning Act and O.Reg 149/20 Special Rules Relating to Declared Emergency for clarity.

    In the posting, MMAH explains that O.Reg 149/20 clarifies that O.Reg 73/20 under the Emergency Management and Civil Protection Act  does not apply to land use planning timelines.  The posting also makes it clear that municipalities may hold virtual public meetings and should they wish to make decisions on applications during this time, they are free to do so.

    Members are also encouraged to consult with legal counsel as well as their respective municipality to determine how the new planning regulation may or may not affect their specific applications or appeals.


  • April 23, 2020 1:03 PM | Anonymous member (Administrator)

    On Wednesday, April 15, 2020, the Town of Whitby released the most updated version of the Whitby Green Standard, the planning tool the Town is developing to help advance sustainable new development across the Town.

    You can view the documents here 

    DRHBA's government relations (GR) committee has reviewed the documents and have found some items that members should be aware of.  The Whitby Green Standard includes multiple tiers, and Tier 1 is mandatory.

    The first, and most important, item that needs your attention is under the Performance Measures section, item ECC 1.7 - Building Energy Performance, which reads that for low-rise residential development, the criteria would be: "Design the building(s) to achieve at least ENERGY STAR® for New Homes, version 17 or R-2000 requirements."  This criteria would require builders to build to better than code, and require more than what is mandated in the Ontario Building Code.  Item ECC 1.6 - Building Energy Performance - for residential buildings four storeys or more and non-residential buildings, the criteria is "Design the building to achieve 15% improvement over OBC, SB-10, Division 3 (2017); OR TEUI, TEDI and GHGI targets by building type (required for Tier 2)."

    DRHBA's team evaluated the entire Tier 1 Site Plan Application Checklist included in the documents, and feel that members should take note of the following items:

    Equity and Local Economy: Creating safe, equitable places to live and work which support local prosperity and international fair trade.

    ELE 1.1 - Affordable Housing

    • "Affordable Housing means: a) in the case of ownership housing, the least expensive of: i) housing for which the purchase price results in annual accommodation costs which do not exceed 30% of gross annual income for low and moderate income households or ii) housing for which the purchase price is at least 10% below the average purchase price of a resale unit in the Region; and b) in the case of rental housing, the least expensive of i) a unit for which the rent does not exceed 30% of gross annual household income for low and moderate income households; or ii) a unit for which the rent is at or below the average market rent of a unit in the Region."
    •  DRHBA comments: Both "accommodation costs" and "low and moderate income" should be fully defined.  Why would a new build cost less than resale?  The real estate market is always changing - what time in the market is used to calculate values - last month?  Five years ago?

    Culture and Community: Nurturing local identity and heritage, empowering communities and promoting a culture of sustainable living.

    CC1.2 - Outdoor Amenity Space

    • Provide public and/or private outdoor amenity spaces, where appropriate, for multi-residential development and non-residential development, particularly for development within Intensification Areas.
    • DRHBA comments: If no parkettes on condo sites, are balconies needed on stacks?

    CC1.3 - Cultural Heritage Resources

    • Complete a cultural heritage impact assessment that describes the cultural heritage resource and potential impacts of development and recommends strategies to mitigate negative impacts, where the alteration, development, or redevelopment of property is proposed on, or adjacent to cultural heritage resources that are designated under Part IV or Part V of the Ontario Heritage Act, per Whitby's Official Plan.
    • DRHBA comments: this will require more reports to be produced by builders/developers and potentially additional costs.

    Land Use and Nature: Protecting and restoring land for the benefit of people and wildlife.

    LUN1.4 - Tree Canopy

    • If applicable, submit a Tree Preservation Plan in accordance with Whitby's Tree Preservation Cleaning Guidelines for New Developments.  Any trees removed are replaced to maintain the existing tree canopy, per Whitby Tree Preservation and Clearing Guidelines for New Developments.
    • DRHBA comments: Replacing the tree canopy could prove to be difficult - can a mature tree be replaced with a sapling?

    Sustainable Water: Using water efficiently, protecting local water resources and reducing flooding and drought.

    SW1.2 - Residential Driveways and/or Parking Lots

    • Proposed landscaping within parking areas is required to: 1. Enhance growing conditions for trees, per the Landscape Plan Guidelines for Site Plan and Subdivision Developments Planning and Development Department and 2. Use paving materials that provide for the infiltration of water into the ground and conform to the surface treatment requirements of Zoning By-Law 1784 and 2585.
    • DRHBA comments: We need the Town to be more specific.  Builders typically use concrete slab pavers from porches to driveways - does these mean switching to permeable pavers?

    Travel and Transport: Reducing the need to travel, and encouraging walking, cycling and low carbon transport.

    TT1.12 - Bike Storage - Short Term

    • 90% of all new buildings provide the following short-term bike storage rates:

    o   Non-residential: 2.5% of peak visitors

    o   Multi-unit residential: 2.5% of peak visitors

    o   Retail: 2 spaces for every 465 sqm

    o   Mixed-use: See above requirements

    • Storage should be covered and secure, within line of sight of main entrance.
    • DRHBA comments: the Town needs to provide more specifics - does the multi-unit residential include townhouses?  The formula should also be clarified - 2.5% of visitor parking spaces is the number of bike spots? Providing "covered and secure" will cost more to provide.

    Energy & Climate Change: Making buildings and manufacturing energy efficient and supplying all energy with renewables.

    ECC1.3 - Passive Solar Orientation

    • Where feasible, 50% (or more) of the development blocks have one axis within 15 degrees of the East-West plane.  East-West lengths of those blocks are at least as long as the North-South lengths of blocks.
    • DRHBA comments: this will be a challenge for planners and their clients (to maximize the use of the property) - the key words are "where feasible." Will an applicant have to demonstrate, with a site plan, that they have attempted to orientate the buildings as suggested? The best land use may or may not comply with this requirement. Grading, servicing, site access, to name a few, are key items in site plan development and building orientation.

    ECC1.8 - Building Resilience - For residential buildings four storey or more and non-residential buildings

    • Provide a refuge area with heating, cooling, lighting, potable and power available and 72 hours of back-up power to the refuge area and essential building systems.
    • DRHBA comments: Is this for disaster safety?  For how many people?  A four-story building could include stacked townhouses - how would a refuge area fit in here?  This would have to be a separate building or a space attached to the buildings - how many people?  What formula is used to calculate the space needed - how many square feet per person?  In a condo development, this would be a common element - which could increase maintenance fees.  The Town also needs to define "essential building systems."

    These mandatory criteria will apply to new applications submitted after June 2020 for draft plans of subdivision and Site Plans.

    You can send your comments to the Town via an online survey  no later than Friday, April 24.

    The Town is also hosting a stakeholder consultation session on Wednesday, April 29 from 10 a.m. - noon.  Please register here.

    The Durham Region Home Builders' Association will also be submitting their comments to the Town.



  • April 23, 2020 12:33 PM | Anonymous member (Administrator)

    New order issued to support people with mental health and addictions issues

    TORONTO — On the advice of the Chief Medical Officer of Health, the Ontario government is extending all emergency orders that have been put in place to-date under s.7.0.2 (4) of the Emergency Management and Civil Protection Act until May 6, 2020. This extension will help protect the health and well-being of people across the province and stop the spread of COVID-19.

    This Emergency Order extension includes the closure of outdoor amenities in parks and recreational areas, non-essential workplaces, public places and bars and restaurants, along with restrictions on social gatherings and limiting staff from working in more than one retirement home or long-term care home.

    "We are making steady progress in our battle against this deadly virus, but we are not out of the woods by a long shot. It is absolutely necessary to extend these emergency orders to continue keeping all Ontarians safe and healthy," said Premier Doug Ford. "Every effort made by each of us to stay home, practise physical distancing and wash your hands has been, and will continue to be, the key to stopping the spread of this virus."

    In addition, the government has introduced a new measure to allow mental health and addictions agencies to redeploy staff within different locations or between programs, and employ extra part-time staff, temporary staff or contractors in order to ensure people continue receiving the high quality care they expect and deserve during the COVID-19 outbreak. Agencies would be required to provide appropriate training and education to achieve the purposes of a redeployment plan.

    The following emergency orders have been extended until May 6, 2020:


  • April 22, 2020 3:17 PM | Anonymous member (Administrator)

    MNP LLP has prepared a document to help employers and employees sort through the different benefit programs available during the COVID-19 pandemic.

    This document includes information about the Canadian Emergency Wage Subsidy (CEWS), Temporary Wage Subsidy for Employers (TWS), Canada Emergency Response Benefit (CERB), Business Credit Availability Program (BCAP) and the Commercial Rent Assistance Program (CECRAP).  The document also offers information on new income tax deadlines, the CRA My Business Account, and more.

    View/download the document




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