SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
April 20, 2023 09:00AM
  • Apr/20/23 2:00:00 p.m.
  • Re: Bill 98 

Mr. Coe has moved that the question now be put. There has been approximately nine hours of debate on this bill. I’m satisfied that there has been sufficient debate to allow this question to be put to the House.

Is it the pleasure of the House that the motion carry? I heard a no.

All those in favour of the motion that the question be now put, say “aye.”

All those opposed to the motion that the question be now put, say “nay.”

In my opinion, the ayes have it.

A recorded vote being required, it will be deferred to the next instance of deferred votes.

Vote deferred.

Resuming the debate adjourned on April 18, 2023, on the motion for second reading of the following bill:

Bill 97, An Act to amend various statutes with respect to housing and development / Projet de loi 97, Loi modifiant diverses lois en ce qui concerne le logement et l’aménagement.

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  • Apr/20/23 2:10:00 p.m.
  • Re: Bill 97 

Thank you for the presentation of the member. We believe that this issue is much bigger than only the province. We strongly believe that the federal government should be at the table to address the issue, and we continue to advocate for a fair share of the federal funding to build houses.

Currently, housing needs—44% of them are in Ontario, which is the highest in the country. Now, the federal government’s share should be 44%, but they are contributing 38%, which puts Ontario in around a $480-million shortfall. Will the member support us and call on the federal government to bring its own fair share of the contribution?

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  • Apr/20/23 2:10:00 p.m.
  • Re: Bill 97 

I’m delighted to speak to the Helping Homebuyers, Protecting Tenants Act, because there’s so much of this bill that I see reflected in my home community. I’d say that my journey starts in Walkerville. Walkerville is an incredibly vibrant and picturesque part of my riding. It was built as a company town by Hiram Walker and Sons Ltd. It’s the home of Canadian Club whisky.

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But in so many ways, Walkerville—I call it a gold standard for urban planning. It’s a place where people really want to be, and so the vibrancy and the longevity of Walkerville is, in many ways, facilitated by not just Bill 97, but previously Bill 23.

I want to highlight my friend Sarah Cipkar. I first met Sarah when I worked for the city of Windsor. I led the environmental assessment process for a project called the Central Box. Sarah, to her credit, was thinking of how my presentation, the municipal presentation, was not serving our various immigrant communities very well. I didn’t have translators, I didn’t have facilitators, and she took it on herself to create her own at the YMCA, which I attended. I was surrounded by a number of translators as I described the technical merits of the environmental assessment. But what Sarah has done with her career is phenomenal. She created Cipkar Development, which creates additional dwelling units in places like Walkerville which have back alleys and which have additional space where there’s a density, but we have the capacity to improve.

Another feature that exists in Walkerville is an absence of driveways on many of the streets. The services are provided through the alleys, and so street parking is vitally important, in particular parallel parking. I know that’s how I failed my first driving test, but it’s certainly important in some neighbourhoods like Walkerville, where parallel parking is the norm.

This bill, Bill 97, provides some good clarity with respect to parking improvements or parking regulations that are required, because previously it was not quite clear whether you could insist on that parking spot on the very first unit. Now, with the changes here, it means you don’t have to add unnecessary parking. Walkerville has parking on the street, and that’s the character of it, and while certainly you need to provide services for the people of the neighbourhood and access for them, parking doesn’t have to dominate the yard under this change. So I think this is a great part of the bill.

I also want to call attention to recent developments in Walkerville near Ottawa Street. There was formerly a church located there. Ottawa Street is what’s branded by the local BIA as being “uptown.” I think it’s a good adage, because there are a lot of great stores, great restaurants on Ottawa Street. This church had reached the end of life. It no longer met building code requirements, and so it came down and was demolished. Initially, there was a proposal to build three homes on the property. Instead, what came back was a proposal to build a 23-unit apartment building. I won’t get into the merits of three single-family units versus a 23-unit apartment building, but needless to say, there were many in the community who were against the proposal.

To their credit, Windsor city council did support, as they have for a number of recent housing projects. We do need those units in our community as much as possible, and Windsor was ahead of the curve in many ways. They had a community-approved plan for intensification for the downtown especially so that we could use the infill lands.

But what Windsor has reported with some—in one of our previous bills, prior to my election, the More Homes for Everyone Act, there were some accountability measures brought in. Some relief was asked for, because truly, you need to get people on board. You need to hire people and train people in order to process the applications. Bill 97 responds to this challenge, delivers. It means that the refunds of—I call it a noncompliant timeline for processing. They would only apply after July 1.

It’s proposed further that the minister have the ability to be nimble in granting some exceptions on this point and exempt municipalities from having to follow through with the fee refund if there was some particular factor that warrants it.

Also, what’s part of this is an opportunity to reduce the complications when we are creating residential buildings of 10 units or less. Right now, in planning, you can go to site plan control in many municipalities which allows the municipality to regulate landscaping, architectural materials and ask for on-site improvements to reflect the character of the neighbourhood.

Just having been on the other side of that process, this is something that does slow down development. There are reasons for it. Obviously, the site plan control existed for a reason. But if our goal is building housing, buildings that are 10 units or less are really not imposing in the manner of a larger building, and it’s important to make sure that those can come online.

I say that’s the story of generally Bill 97 as a whole, because our goal is to build more housing and on a faster basis. We are finding there are roadblocks. When we strive for the moon and really have tough targets, it means that we lose the opportunity to get some low-hanging fruit. So I really appreciate some of the changes that are here, and that includes having the minister’s intervention.

Before the last election, in my riding we had the NextStar Energy battery plant. It truly required an MZO. When I heard the criticism from various party leaders about the use of the MZO to secure this major economic development opportunity for our community, what else could I do? I was grateful to be the candidate representing the government, because this development is vital. The news came out today about Volkswagen in St. Thomas. That’s going to be transformative for St. Thomas, but the NextStar project is transformative for Windsor. We need the minister to have that ability to make discretionary decisions when it fits, so I appreciate that part of it.

I also wanted to review a little bit about the employment area protections; I know it’s important, and I see my time is running very, very low. But we want to make sure that employment areas are protected because many municipalities are running into problems with the factories not finding an opportunity to locate. But housing is still quite important. We are, as part of this, introducing the provisions that limit appeals of municipal refusals and non-decisions.

All that being said, I also wanted to—maybe I’ll close out by mentioning my hometown of Tecumseh. It has some rural areas in it. I was on the committee of adjustment for eight years. We constantly got lot severance and variance applications in rural areas. There was this interesting dynamic that was created where you could sever off a matrimonial home or a family home, and you would rezone the rest so that you wouldn’t use up the farmland. But someone else could actually come in and then do that, so the family couldn’t do it but someone else could. So the changes that are here in Bill 97 provide more flexibility for rural areas and to allow for families that hope and that opportunity to continue to serve and work the lands that they grew up on.

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  • Apr/20/23 2:10:00 p.m.
  • Re: Bill 97 

I cannot support a bill that’s going to make the housing crisis worse. We already have enough land set aside for development, according to the government’s own hand-picked Housing Affordability Task Force, to build two million homes—not just the 1.5 million, but two million homes. And if we do it within our existing urban boundaries—instead of imposing sprawl on municipalities, which this bill does—it will be more affordable for municipalities.

I don’t understand; I thought Conservative members understood fiscal responsibility and understood why it is so important to efficiently build within existing urban boundaries.

Interjections.

Interjections.

Interjection.

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  • Apr/20/23 2:10:00 p.m.
  • Re: Bill 97 

I’m really glad to hear that the member acknowledges that we have a massive housing supply crisis.

I chose Ontario as my home when I immigrated to Canada. I chose to be here.

I just have a very short question: Based on what we put forward in Bill 97, will the member be supporting Bill 97, helping tenants and helping people purchase their homes?

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  • Apr/20/23 2:10:00 p.m.
  • Re: Bill 97 

Speaker, we know that with new development there comes infrastructure costs: roads, transit, water, sewer infrastructure, community centres, fire and police services, as well, and facilities. The member talks about that the cost of infrastructure to build on sprawl is two and a half times more than building homes within urban boundaries. London is going to lose $100 million in development charges because of this bill that the government wants to push through. Can the member speak to how much development charges will be lost in his riding and how municipalities are supposed to make up that income loss?

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  • Apr/20/23 2:20:00 p.m.
  • Re: Bill 97 

I want to ask this question—and probably for the benefit for the member from Guelph—because I live just outside of Smiths Falls, have farmland outside of Smiths Falls. Do you know what? If you go past my farm a little piece, do you know what you see in a big field? “Welcome to Ottawa.” Well, you’re still about 60 kilometres from Ottawa. So that’s a problem for a farmer who has a son or daughter who wants to take over the farm and wants to reside in the community they grew up and in the community where they want to remain and perhaps take over the farm.

So my question for the member from Windsor–Tecumseh is, what is this bill doing for rural development?

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  • Apr/20/23 2:20:00 p.m.
  • Re: Bill 97 

Really, the changes do protect renters here. I look at the additional 40 adjudicators who are being hired for the landlord and tenant tribunal. I’m sure the member for Windsor West is getting the same calls that I am about landlord/tenant issues in that there is a significant backlog that was created—or largely amplified during the pandemic. So this is quite a more meaningful investment at this moment in time. It doubles the number of full-time adjudicators at the Landlord and Tenant Board. We need decisions. A lot of renters are losing out—and landlords, for that matter, for bad tenants. So this is a key investment that will help renters. I thank you for the question.

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  • Apr/20/23 2:20:00 p.m.
  • Re: Bill 97 

My riding directly abuts the member for Windsor–Tecumseh’s riding. In fact, the only thing that divides us, on the north side of Tecumseh Road, is half a street. Langlois is the divider. So I’m quite familiar with the area, Walkerville, that he’s talking about, and there are many historic homes that are in that—of heritage significance for our community.

But if you take a short walk—and I encourage the member for Windsor–Tecumseh to come for a walk with me—into my riding, it takes maybe 10 or 15 minutes, depending on where you are in Walkerville, to walk into where my riding begins in downtown Windsor. There you see right in front of you very clearly the problem with this government’s policies. This is where you see the largest homeless population in Windsor in my riding downtown, and we have issues in the west end too.

So I’m asking the member for Windsor–Tecumseh, do you support rent control for all residential rental units, and why does your government refuse to commit to bringing back vacancy decontrol to protect the affordable units in our shared community?

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  • Apr/20/23 2:20:00 p.m.
  • Re: Bill 97 

The government should take the advice of the government’s own Housing Affordability Task Force, which said, “A shortage of land isn’t the cause of the problem.” We don’t need to sacrifice farmland—of which we’re getting rid of 319 acres a day, prime farmland—or the greenbelt to build housing. We need to focus on building new homes within existing urban boundaries instead of paving over more farmlands, wetlands, natural heritage with unsustainable urban sprawl that makes land speculators rich, but drives up housing costs and taxes in municipalities.

My question is very easy: Do you agree with Premier Ford that we should be building million-dollar homes on the greenbelt?

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  • Apr/20/23 2:30:00 p.m.
  • Re: Bill 97 

I rise today to speak to Bill 97, Helping Homebuyers, Protecting Tenants Act. This is the government’s fourth housing legislation in four years. That means four out of four times the government has failed to address the affordable housing crisis meaningfully and it’s taking, once again, the wrong approach to addressing housing supply issues. Now, this bill makes changes on two key fronts: on development policy and on tenant protections. I’ll talk about the development policy first and then get to tenant protections.

Speaker, this bill fails to eliminate exclusionary zoning and allow construction of more affordable housing options—such as duplexes, townhomes, walk-up apartments—everywhere that single detached homes are allowed. This was a key recommendation from the Housing Affordability Task Force report, and it is an idea that the official opposition, the NDP, supports. It was, in fact, part of our housing platform.

The government’s previous housing legislation, Bill 23—the infamous Bill 23—included allowing secondary and tertiary suites as-of-right within existing structures, which we support. But according to the government themselves, they expect that this change will deliver only 50,000 new homes over the next 10 years, which is barely 3% of the 1.5 million homes that are needed. Instead of eliminating exclusionary zoning, Bill 23 preserves restrictive zoning rules like two- or three-storey height limits, maximum floor space indexes or minimum setbacks that effectively prohibit what we call missing middle forms of housing. That bill fell far short of what the Housing Affordability Task Force recommended, and now with this bill, Bill 97, it still does not address the shortcomings.

Instead this bill, once again, relies almost entirely on deregulation and tax cuts to incentivize the for-profit private market to deliver 1.5 million homes over the next decade. Speaker, this narrow-minded approach is failing, and we know it’s failing because the government’s own budget revealed that the projected housing starts in Ontario are going down instead of going up.

Now we in the NDP, the official opposition, have called for a strong public sector role to deliver new affordable and non-market housing that the for-profit private sector can’t or won’t deliver. There is no provision in Bill 97 to facilitate new non-market housing. This bill, combined with some major changes that the government is making to the provincial Growth Plan for the Greater Golden Horseshoe and the provincial policy statement—what the government is doing is further accelerating farmland loss and unsustainable sprawl.

Speaker, doubling down on sprawl is going to make it so much more expensive for municipalities to provide the basic services that these developments are going to need. From roads and transit to electricity and sewage, all of these services are going to cost more, because it costs more to service low-density single-family-home subdivisions than it costs to provide these services and infrastructure in areas that are already zoned for development.

And since it is much more expensive for municipalities to provide these services, Ontarians are not only going to see property tax hikes—in fact, Speaker, folks all around the province and many municipalities are already getting these higher property tax bills now, but they’re going to see the tax hikes year after year, coupled with service cuts, because it is so expensive to build this infrastructure and to maintain the infrastructure. Low-density suburban sprawl is a costly and backward approach to planning. It is not going to address the housing affordability crisis or the housing supply crisis.

Let me remind the members of the government once again that the government’s own Housing Affordability Task Force said that the 1.5 million homes needed to be built in the next decade can be built within current urban boundaries. There is no need to pave over the greenbelt. There is no need for sprawl. That’s what I want to cover on the development policy changes.

In the remaining time I have, I want to get into tenant protections. Now, the tenant protections in this bill fall so short of what the NDP and tenants in this province are calling for. It’s like the government knows they have to do more to protect tenants and asked themselves what the least is that they can do that will not disrupt the status quo. That’s what the changes are in this bill: the slightest of slight improvements simply to be able to claim that the Conservatives are doing something for tenants.

Speaker, I want to talk about the AC use. That’s in this bill. Last summer, in the midst of the heat wave, tenants in my riding at 130 Jameson Avenue in Parkdale received eviction notices for using their ACs. Many leases forbid the use of ACs. Their corporate landlords at 130 Jameson said that AC use is prohibited under lease agreements, so either the AC goes or the tenants have to go.

The Residential Tenancies Act mandates a minimum temperature of 20 degrees during the winter, but there is no law on maximum temperatures. Municipalities in Ontario are asking the province to mandate maximum temperatures, including the city of Toronto. So given that there is no maximum-temperature legislation for protection of tenants, the tenants organize in order to be able to keep using their ACs because, in the hot summer months, this is a serious health and safety issue.

The Ontario Human Rights Commission was very clear. In fact, they issued a statement, and the opening line of their statement read, “Access to cooling during extreme heat waves is a human rights issue.” Their statement talked about the obligation of housing providers and specifically referenced the case of the tenants at 130 Jameson. They also stated that the current Residential Tenancies Act “leaves many Ontario tenants without protections against extreme heat” because air conditioning is not considered a vital service.

The Ontario Human Rights Commission called on this government to “include air conditioning as a vital service, like the provision of heat ... and to establish a provincial maximum temperature to make sure that ... tenants are protected against threats of eviction” simply for “using “safely installed air conditioning units.” That’s the background. This is what has led to what’s in Bill 97 today around AC use.

So what does the Ford government do? They prohibit the ban of AC in leases, which is helpful, but it still puts the onus on the tenants to install their own ACs to ensure that apartments don’t get dangerously hot in the summer, and they’re allowing rents to be increased for installing the AC. That’s why I say that the measures that the government has put in place for tenants fall so short. It does the absolute bare minimum.

It’s also a contradiction of an explicit ban that’s already in the Residential Tenancies Act on the use of seasonal fees. So I will flag with the government right now: When the bill is before committee, there has to be an amendment to ensure that seasonal fee ban continues on and that there are no extra charges for AC use. Just as the Ontario Human Rights Commission has called for, we need maximum-temperature legislation. This will also be consistent with the long-standing, already set-out principle that all tenants have the right to reasonable enjoyment of their unit. The temperature of the unit that they live in is an absolutely important factor.

Speaker, there are some other measures in it. I do not have time to go over all of them. All I want to say at the end of the day, when it comes to housing and tenants, is that housing is a human right, and so we need to be able to ensure that every Ontarian has decent, affordable housing that they can call their own, something that really meets the needs of the tenant.

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  • Apr/20/23 2:30:00 p.m.
  • Re: Bill 97 

My question to the member across the way is around protections for tenants. One of the issues that I hear about most frequently in my constituency office is from tenants who are pressured by their landlords. They feel that they have to move out. The landlords use unethical means to get them to move out, because the landlords know that once that tenant is gone, they can increase the rent to whatever they want.

I also hear from tenants who are living in buildings that were constructed after November 2018. There’s absolutely no rent control on those units. So why, if this government was genuinely interested in protecting tenants, did they not do something to scrap vacancy decontrol and to remove the exemption of the rent control for post-2018 builds?

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  • Apr/20/23 2:30:00 p.m.
  • Re: Bill 97 

I thank the member for his question. I’d return to my hometown, where the future of our municipality is actually set for what is presently farmland, but it’s been zoned as residential for many years—or at least it has been in the official plan. Municipalities actually have a 20-year horizon for planning for the future, so we already know where a lot of these developments are being mapped out.

Families need a place to live. What I experienced in my municipality is school closures because of the empty-nesting. We have families where the parents are staying in their home but the kids are moving out and they can’t find something close by, so the services are being depleted, especially in rural and suburban communities. We need to ensure that we have homes built where they are serving families together.

Bill 23 brought forward a number of protections, including the strictest and most comprehensive fines for bad actors across Ontario and, really, across Canada. Bill 97 has a cooling-off period on purchases of new freehold homes and a mandatory legal review of purchase agreements for all new home purchases.

Ontarians, and especially young Ontarians and those just starting out, deserve to have peace of mind. It is the largest investment that they’re destined to make, and now it’s even more difficult than ever before. That’s why our government is continuing to work hard to protect the investment of Ontarians against bad actors.

As part of the changes here, there is support for both renters and landlords. I mentioned the adjudicators at the Landlord and Tenant Board. Really, we have very strict laws; as landlords, there’s a singular lease which everyone has to follow. So there is already a standardized process, but really getting through the disputes is taking a long, long time, so that’s—

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  • Apr/20/23 2:30:00 p.m.
  • Re: Bill 97 

Madam Speaker, we all know that the purchase of a home is probably one of the largest purchases that people will make in their lifetime. When you’re embarking on that purchase, especially as a young person, you embark on that purchase with excitement, but also trepidation, because it involves a lot of money and it’s probably the first major purchase you’ve made in your entire lifetime.

I know that this government is taking steps to protect homebuyers and to make sure that that trepidation and that excitement can be controlled, protecting homebuyers to make sure that the home-purchasing experience is safe. And so, I would like to ask the member from Windsor–Tecumseh: What measures are being taken by this government to protect homebuyers in the biggest purchase they’ll probably ever make in their entire lifetime?

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  • Apr/20/23 2:40:00 p.m.
  • Re: Bill 97 

I want to thank the member for a very compelling speech. I appreciate it very much. I always learn a lot when I’m able to hear from you.

I know, given your neighbourhood, you undoubtedly run into more rental circumstances than I would—I’ve got lots of apartment buildings. I know that we as a government have introduced more penalties for bad landlords and taken action to prevent evictions. This bill has measures that will help to provide better protections to tenants in the province, and I’m wondering if you intend to support the measures that are provided in the bill to strengthen the consequences against bad landlords.

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  • Apr/20/23 2:40:00 p.m.
  • Re: Bill 97 

I thank the member from Windsor–Tecumseh for his question. One of the measures I didn’t get time to discuss was the increase in fines for bad landlords when they execute what we call unfair renovictions. The thing is this: So far, increasing fines alone has not proven to be effective. We know that because there have been fines that have been issued, and the behaviour has not changed.

There is a very good example that happened, a case that happened right here in Toronto, where tenants were renovicted in bad faith. In an unprecedented manner, a decision was made. The landlords—I forget the name of the corporation right now—received a huge penalty, and then they came into my riding and did the same thing. That did not deter them. We need other measures in place, such as vacancy control, which I hope I will get an opportunity to talk about some more.

We have seen a huge increase in renovictions, a huge increase in own-use evictions, and now the government is weakening rental replacement bylaws that the city has. What it’s going to lead to is more tenants being evicted unfairly. It’s going to lead to skyrocketing rents. And it’s going to lead to more and more people—particularly young people, young families, students—not being able to call Toronto home anymore. They’re going to all be driven out of Toronto. That’s what is going to end up happening.

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