BUILDING DURHAM

CLOCA is proposing an update to their fee schedule.  The new fee structure can be found here.  

The 2023 fee schedules provide for a 7% inflationary increase, and are also intended to support and build their staff capacity to maintain or reduce review time.  In 2022, they made internal reassignments to dedicate a second staff member to natural heritage-related reviews and to add planning support for files in Clarington to respond to the increase in work there.  In 2023, they intend to increase 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 22nd.  Initially, the new fees were to take effect on January 1, 2023, however DRHBA has received notice from CLOCA that staff are now proposing that the new fees take effect on November 23, 2022 in order to provide more fiscal certainty and to support and build their staff capacity to maintain or reduce review times.

The City of Oshawa has released report CNCL-22-78: City Comments on Bill 23, "More Homes Built Faster Act, 2022", which will be brought to council on November 21, 2022 for approval.  

The Durham Region Home Builders' Association is reviewing the report and will provide comment if deemed necessary.  If you have any comments or concerns you would like addressed in our correspondence, please reach out to Stacey.

At the November 15, 2022 Oshawa special council meeting, nominations were heard and voted on, and the 2022-2026 standing committees were formed.

The new committee makeups are as follows:

Community & Operations Committee

• Chair: John Gray
• Vice Chair: Jim Lee
• John Neal
• Bob Chapman
• Brian Nicholson

Safety & Facilities Committee

• Chair: Brian Nicholson
• Vice Chair: Rick Kerr
• Jim Lee
• Brad Marks
• Rosemary McConkey

Economic & Development Committee

• Chair: Tito-Dante Marimpietri
• Vice Chair: Bob Chapman
• Rick Kerr
• Derek Giberson
• John Gray

Corporate & Finance

• Chair: Derek Giberson
• Vice Chair: Brad Marks
• John Neal
• Tito-Dante Marimpietri
• Rosemary McConkey

On October 24, 2022, Oshawa City Ward 1 incumbent Councillor Rosemary McConkey won the election by 8 votes over challenger Theresa Corless.  According to the City of Oshawa's procedures, an automatic recount would occur if the difference was 6 votes or less.

At the November 15, 2022 special meeting of council, John Mascarin of Aird & Berlis LLP provided a delegation on behalf of Theresa Corless requesting a recount pursuant to s. 57 of the Municipal Elections Act, 1996.

During discussion, it was noted that a total of 97 votes across the City were cast but not counted.  Fifty of those ballots were purposely spoiled or left blank and the remaining 47 were rejected by the tabulator.  The City Clerk believed that there were 7 votes in Ward 1 that were not counted because they were rejected by the tabulator.  The City Clerk also confirmed that once rejected by the tabulator, a human does not review the ballot to determine if there was a clear voting intention.

Council voted in favour of a recount for City Ward 1.  No timeline was discussed or determined.  If the challenger is not satisfied with the City's recount, she has the option to apply to the courts for a hand recount.

At Oshawa's November 15, 2022 special meeting of council, Rosemary McConkey brought forward a motion to object the province's proposed amendments to the Greenbelt Area Boundary Regulation.

During discussion, Councillor Nicholson brought forward an amendment to demand that the province extend the commenting period by 90 days to give council enough time to provide fulsome comment.  The amendment passed, and the amended motion was passed unanimously by council.

The original motion reads as follows:

Whereas, on October 25, 2022 the Province of Ontario introduced the More Homes Built Faster plan, to address the housing crisis by setting a goal to build 1.5 million homes in Ontario over the next 10 years; and,

Whereas, on November 4, 2022 the Province of Ontario took further action to accommodate growth and support the building of more homes, in a targeted manner, by launching a consultation on proposed changes to Ontario’s Greenbelt Plan (ERO 019-6216), the Greenbelt Area boundary regulation (O.Reg. 59/05) (ERO 019-6217) and the Oak Ridges Moraine Conservation Plan (O.Reg.140/02) (ERO 019-6218) in order to:

• Remove/redesignate lands from the Greenbelt Area and the Oak Ridges Moraine Conservation Plan Area that could be suitable for residential development; and,

• Add a portion of the Paris Galt Moraine to the Greenbelt Area, designated as Protected Countryside with a Natural Heritage System; and,

Whereas, the proposed changes to the Greenbelt Area boundary regulation, if adopted, will remove or redesignate a total of 15 areas along the edge of the Greenbelt Area throughout the Greater Golden Horseshoe, totaling approximately 7,400 acres, for the purpose of being developed for housing in the near term, in exchange for adding 9,400 acres to the Greenbelt Area comprised of Urban River Valley areas and part of the Paris Galt Moraine; and,

Whereas, none of the 15 areas are located in the City of Oshawa, but do include areas in other Durham lakeshore municipalities including the City of Pickering and the Municipality of Clarington; and,

Whereas, it is the government’s expectation that construction of new homes in these areas would begin no later than 2025 with proponents fully funding any necessary infrastructure upfront, and if adopted, the proposed changes would result in the construction of approximately 50,000 or more new homes in areas once protected by the Greenbelt Plan; and,

Whereas, the above noted proposed changes constitute a reversal on the part of the Province of its earlier promises to not develop any lands within the Greenbelt, which will result in irreparable damage to the environment and contribute to more urban sprawl in communities across the Greater Golden Horseshoe, and could lead to even more Greenbelt lands being opened up for development in the future with pressure from land speculators; and,

Whereas the proposal to augment the Greenbelt Area by adding, together with lands in the Paris Galt Moraine, thirteen (13) Urban River Valleys in exchange for the removal of lands currently in the Greenbelt Area to facilitate residential development is not an equivalent exchange, as urban waterways would not in any case be suitable for development; and,

Whereas, the Ministry of Municipal Affairs and Housing is seeking feedback on the above-mentioned proposed amendments, with comments due no later than December 4, 2022;

Therefore be it resolved that the City of Oshawa does not support the Province of Ontario’s proposed amendments to the Greenbelt Plan, Greenbelt Area boundary regulation and the Oak Ridges Moraine Conservation Plan, and a copy of said motion be sent to the Province of Ontario, the Region of Durham, Durham area municipalities, Durham area M.P.P.’s and the City’s Building Industry Liaison Team, which includes the Durham Chapter of the Building Industry and Land Development Association and the Durham Region Home Builders’ Association.

On Monday, November 14, 2022, Minister of Finance Peter Bethlenfalvy released 

the 2022 Ontario Economic Outlook and Fiscal Review – Ontario’s Plan to Build: A Progress Update. It also includes the first-ever progress report on our government’s Plan to Build Ontario.

Highlights of the first-ever Building Ontario Progress Report, include:

•  Attracting more than $16 billion in Electric Vehicles and EV battery manufacturing investments over the last 2 years
• Releasing Ontario’s first critical minerals strategy
• Attracting $2.5 billion in clean steel investments
• Delivering 388 training projects, helping more than 393,000 workers take the next step in their careers
• Adding over 11,700 health care workers to the system
• Launching the Plan to Catch Up for Ontario’s students
• Beginning preliminary field work on Hwy 413
• Starting early construction on the Bradford Bypass
• Completing construction at Unionville and Rutherford GO Stations
• Eliminating licence plate renewal fees as well as licence plate stickers, and refunding the past two years of fees for eligible vehicles
• Investing $950 million in nearly 190 broadband, cellular and satellite projects, bringing access to over 375,000 Ontario homes and businesses

The provincial government also released a slide deck with highlights, which can be viewed here.

The Region of Durham has released its Growth Management Study, Phase 2: Draft Settlement Area Boundary Expansions and Area Municipal Growth Allocations.

After reviewing the study, if you have any concerns or comments, please contact Stacey.

The Ontario Government has introduced legislation that, if passed, would support Ontario’s newest Housing Supply Action Plan, More Homes Built Faster. This plan is part of a long-term strategy to increase housing supply and provide attainable housing options for hardworking Ontarians and their families. Initiatives in the plan include:

Addressing the Missing Middle

Building on a suite of as-of-right residential tools Ontario has provided municipalities with since 2019, Ontario is proposing changes to the Planning Act to create a new provincewide standard threshold for what’s allowed to be built by strengthening the additional residential unit framework. If passed, up to three residential units would be permitted “as of right” on most land zoned for one home in residential areas without needing a municipal by-law amendment. Depending on the property in question, these three units could all be within the existing residential structure or could take the form of a residence with an in-law or basement suite and a laneway or garden home. These new units must be compliant with the building code and municipal bylaws. These units would also be exempt from development charges and parkland dedication fees.

Building More Homes Near Transit

Ontario is taking action to ensure that complete, sustainable communities are built near and centred around our historic investments in provincewide transit expansion. Proposed changes to the Planning Act would help move towards “as-of-right” zoning to meet planned minimum density targets near major transit stations, reducing approval timelines and getting shovels in the ground faster. Once the key development policies for major transit stations are approved, municipalities would be required to update their zoning by-laws within one year to meet minimum density targets.

Supporting the Growth and Standardization of Affordable and Rental Housing

Ontario is creating the conditions for building more affordable and purpose-built rental housing across the province. Ontario is proposing regulatory changes to provide certainty regarding inclusionary zoning rules, with a maximum 25-year affordability period, a five per cent cap on the number of inclusionary zoning units, and a standardized approach to determining the price or rent of an affordable unit under an inclusionary zoning program.

Ontario is also taking action to help streamline the construction and revitalization of our aging rental housing stock that in some cases is many decades old, grossly energy inefficient, and is starting to fail. As it stands, under the Municipal Act and City of Toronto Act, municipalities may enact bylaws to prohibit and regulate the demolition or conversion of multi-unit residential rental properties of six units or more. These by-laws vary among municipalities and can include requirements that may limit access to housing or pose as barriers to creating housing supply. Ontario will be launching consultations on potential regulations to enable greater standardization of these municipal by-laws, while ensuring that renter protections and landlord accountabilities remain in place.

Freezing, Reducing and Exempting fees for Building Attainable, Affordable, and Non-Profit Housing

Government charges and fees significantly impact the cost of housing—adding up to nearly $200,000 to the overall cost of building a home. That is why Ontario is proposing changes to the Planning Act, the Development Charges Act and the Conservation Authorities Act to freeze, reduce, and exempt fees to spur the supply of new home construction and help address Ontario’s housing supply crisis. This includes ensuring affordable, and inclusionary zoning units, select attainable housing units, as well as non-profit housing developments, are exempt from municipal development charges, parkland dedication levies, and community benefits charges. Rental construction would also have reduced development charges and conservation authority fees for development permits and proposals would be temporarily frozen. Ontario is also undertaking a review of all other fees levied by provincial ministries, boards, agencies, and commissions to determine what impact they may have on the cost of housing with the intent of further reducing, if not eliminating these fees altogether.

Streamlining Bureaucratic Processes to Get More Homes Built Faster

Proposed changes to the Planning Act would remove site plan control requirements for most projects with fewer than 10 residential units (with limited exceptions). This would reduce the number of required approvals for small housing projects, speeding things up for all housing proposals, while building permits and robust building and fire code requirements would continue to protect public safety. Proposed streamlining changes also include focusing responsibility for land use policies and approvals in certain lower-tier municipalities to eliminate the time and costs associated with planning processes by upper-tier municipalities. This would give the local community more influence over decisions that impact them directly, clarifying responsibilities and improving the efficiency of government services for citizens.

Improving the Ontario Land Tribunal to Support Building More Homes Faster

The Ontario Land Tribunal is a critical part of Ontario’s land use planning system. Proposed legislative changes to the Ontario Land Tribunal Act would help speed up proceedings, resolve cases more efficiently and streamline processes. This includes by allowing for regulations to prioritize cases that meet certain criteria (for example, that create the most housing), as well as to establish service standards (i.e., timelines for completing specific stages of a case). Proposed changes would also clarify the Tribunal’s powers to dismiss appeals due to unreasonable party delay or party failure to comply with a Tribunal order, as well as clarify the Tribunal’s powers to order an unsuccessful party to pay the successful party’s costs. Building on the $14.7 million over three years announced in the Budget, Ontario would also invest $2.5 million in other resources to support faster dispute resolution and to help reduce the overall caseload at the Tribunal.

Creating a New Attainable Housing Program

Ontario is creating a new program to support the dream of homeownership for all Ontarians. The new program will leverage provincial authorities, surplus or underutilized lands, and commercial innovation and partnerships to rapidly build attainable homes in mixed-income communities that are accessible to all and will help families to build portable equity.

Protecting Ontario Homebuyers From Unethical Developers

Ontario is further strengthening consumer protections for new home buyers by doubling maximum fines for unethical builders and vendors of new homes who unfairly cancel projects or terminate purchase agreements. These proposed changes under the New Home Construction Licensing Act, would, if passed, increase existing maximum financial penalties from $25,000 to $50,000 per infraction, with no limit to additional monetary benefit penalties, and be retroactively imposed for contraventions that occurred on or after April 14, 2022. These changes would also enable the Home Construction Regulatory Authority to use funds from these penalties to provide money back to affected consumers, making Ontario the first jurisdiction in Canada to provide such funds to consumers. If passed, the amendments would come into force in early 2023.

Taking Action to Crack Down on Land Speculation

In January, during the Ontario-Municipal Housing Summit, Ontario’s mayors expressed concerns that lands planned for residential development are sitting empty because home builders are taking too long to complete their planning applications, delaying the creation of new homes. To further investigate these concerns, Ontario will work with industry partners to consult on the issue of land speculation as a detriment to the housing supply goals of the government, and whether potential regulatory changes under the New Home Construction Licensing Act, are needed to address the issue.

Improving Ontario’s Heritage and Growth Planning

Proposed changes to the Ontario Heritage Act would renew and update Ontario’s heritage policies and strengthen the criteria for heritage designation and update guidelines. This would promote sustainable development that conserves and commemorates key places with heritage significance and provide municipalities with the clarity and flexibility needed to move forward with priority projects, including housing. Ontario will be consulting on how it manages natural heritage, including improving the management of wetlands, while supporting sustainable growth and development. Ontario will be seeking input on integrating A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement into a single, provincewide planning policy document. This review will also include consultation on how to address overlapping planning policies that currently negatively impact precision in mapping and municipal planning.

Reducing Taxes on Affordable Rental Housing

Ontario is calling on the federal government to come to the table and work with us on potential GST/HST incentives, including rebates, exemptions and deferrals, to support new ownership and rental housing development. All levels of government need to work together to get more homes built and address the housing crisis.

Promoting Fairness to Support Affordable and Other Rental Housing

Currently, property tax assessments for affordable rental housing are established using the same basis as regular market rental properties. Ontario will explore potential refinements to the assessment methodology used to assess affordable rental housing so that it better reflects the reduced rents that are received by these housing providers.

In addition, Ontario will consult with municipalities on potential approaches to reduce the current property tax burden on multi-residential apartment buildings in the province.

Helping Homebuyers and Renters: Addressing Vacant Homes

This winter, there will also be a consultation on a policy framework setting out the key elements of local vacant home taxes. Right now, only a handful of municipalities have the authority to charge this tax on unoccupied residential units to incentivize owners to sell or rent them out. A provincial-municipal working group will be established to consult on this framework, and to facilitate sharing information and best practices.

Strengthening the Non-Resident Speculation Tax

At 25 per cent and provincewide, Ontario now has the highest and most comprehensive Non-Resident Speculation Tax (NRST) in the country. This initiative is meant to further discourage foreign speculation in Ontario’s housing market.

TORONTO ― Today, the Ontario government introduced the More Homes Built Faster Act, which takes bold action to advance the province’s plan to address the housing crisis by building 1.5 million homes over the next 10 years. The proposals in the More Homes Built Faster Act would, if passed, ensure that cities, towns and rural communities grow with a mix of ownership and rental housing types that meet the needs of all Ontarians, from single family homes to townhomes and mid-rise apartments.

“For too many Ontarians, including young people, newcomers, and seniors, finding the right home is still too challenging. This is not just a big-city crisis: the housing supply shortage affects all Ontarians, including rural, urban and suburban, north and south, young and old.” said Steve Clark, Minister of Municipal Affairs and Housing. “Our Housing Supply Action Plan is creating a strong foundation on which 1.5 million homes can be built over the next 10 years. Our government is following through on our commitment to Ontarians by cutting delays and red tape to get more homes built faster.”

The plan puts in place actions to support the development of “gentle density” – housing like triplexes or garden suites – that bridge the gap between single family homes and high-rise apartments. For example, it would remove exclusionary zoning, which allows for only one single detached home per lot. Instead, it would allow property owners to build three units without lengthy approvals and development charges.

The plan, which contains around 50 actions, addresses the housing crisis by reducing government fees and fixing developmental approval delays that slow down housing construction and increase costs. Actions in the plan include:

• Creating a new attainable housing program to drive the development of housing. Sites across all regions of Ontario will be considered, including those in the north, central, east and southwest regions.
• Increasing the Non-Resident Speculation Tax rate from 20 per cent to 25 per cent to deter non-resident investors from speculating on the province’s housing market and help make home ownership more attainable for Ontario residents.
• Freezing and reducing government charges to spur new home construction and reduce the costs of housing.
• Building more density near transit, unlocking innovative approaches to design and construction, and removing red tape to get shovels in the ground faster.
• Increasing consumer protection measures for home buyers and consulting on ways to help more renters become homeowners.

The government will also consult with the public, stakeholders and municipalities while engaging with Indigenous communities to review provincial housing and land use planning policies to find ways to remove more barriers to getting homes built.

“Ontario’s housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector and not-for-profits to drive change,” said Michael Parsa, Associate Minister of Housing.

OHBA is pleased to advise you of a significant change that reflects OHBA's advocacy efforts.

As part of a legislative package introduced in March 2022 (Bill 109), a regulation was passed in April 2022 under the Condominium Act that resulted in the removal of the 2% deduction from the Bank of Canada (BOC) rate, set twice yearly, used to calculate interest paid on purchasers’ deposits. This resulted in a net increase to the interest rate of 1.75%, as the new applicable rate was to be the BOC Policy Rate, which is .25% below the BOC Rate. 

The increased rate would apply to interest payable to purchasers both on an interim occupancy closing, as well as when a purchase agreement was cancelled by the vendor or by the purchaser when the outside occupancy date had not been met. This change was scheduled to be implemented on January 1, 2023, for all projects launched after that date, which would have had the potential to add significant costs to new condominium projects.

OHBA has been working with the provincial government to amend the regulation so that the new formula would apply only to deposit refunds and the previous formula continue to apply to deposits paid under closed agreements.

As indicated in the embedded correspondence, the Minister has amended the Condominium Act regulations and reverted to the previous treatment for completed projects by reintroducing the 2% deduction from BOC Rate for deposits paid under closed agreements.