SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
May 31, 2023 09:00AM
  • May/31/23 10:00:00 a.m.
  • Re: Bill 97 

My question is to the member for Mississauga East–Cooksville. We have been contacted by many prospective homeowners—people in Durham region, in the Ottawa West–Nepean area, in the area of Stayner—who bought homes at pre-construction, put up hundreds of thousands of dollars in some cases in deposit money, and years later, they’re waiting for their home to be built. The developer isn’t building it unless they turn around and pay a whole lot more. They have contacted the Home Construction Regulatory Authority again and again and again, and they’re not getting the answers that they want. They’re stressed. They’re worried they’re going to lose their life savings. They want this government to take action. What is this government going to do to ensure these people get the homes they purchased at the price they agreed to?

In committee, ACTO, the Advocacy Centre for Tenants Ontario, summarized how broken our illegal-eviction protection laws are. They did a review of how many tenants get back into their home after a bad-faith eviction: essentially none. And then they did a review of what the average fine is that a bad landlord gets if they illegally evict a tenant: It’s between $500 and $3,000. How do you expect Bill 97 to be effective if the Landlord and Tenant Board is not issuing significant fines to landlords that illegally evict?

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  • May/31/23 10:10:00 a.m.
  • Re: Bill 97 

My question is to the Minister of Municipal Affairs and Housing. We are working with tenants across the city of Toronto whose purpose-built rentals are slated to be demolished. They’re terrified because they’re worried they’re never going to be able to get back into their homes once the construction of the new, bigger building is complete.

This government is looking at creating new rental replacement laws, and this is my question: When I look at the Residential Tenancies Act, there’s no guaranteed right of return for a tenant who’s evicted because of demolition. There’s no guaranteed right of return. In this government’s new rental replacement bylaw, are you going to allow cities to guarantee a tenant’s right to return to their home?

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  • May/31/23 3:10:00 p.m.

This is a petition that reads, “Fund Ontario’s Public Schools.”

“Whereas the TDSB has a deficit of $63.2 million for the 2023-24 school year due to continuous underfunding by the Ministry of Education;

“Whereas the Ministry of Education has not reimbursed the $70.1-million TDSB reserve used to cover pandemic expenditures;

“Whereas the deficit and pandemic costs combined result in forcing schools to reduce special-needs assistants, educational assistants, clerical staff, teachers and vice-principal positions at TDSB schools;...

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“Whereas continued underfunding means that students receive less one-on-one time with educators;

“We, the undersigned parents, guardians, caregivers, students, staff and community members, petition the Legislative Assembly of Ontario to:

“(1) To adequately fund and strengthen public education in Ontario so students and education workers get the support they need;

“(2) To reimburse schools and the TDSB for the costs of the COVID-19 pandemic.”

Many students and parents in my local school of Clinton have signed this petition. We did lose a vice-principal last year. It’s common, and it’s concerning. I fully support this petition and will be assigning my signature to it and giving it to the page.

Overall, in terms of the structure of this one-hour chat today, I will be giving a little bit of a response to what I heard the Minister of Municipal Affairs and Housing and the associate minister say in their lead. Then, I’m going to provide an overview of the bill. And then, I’m going to go through the amendments and then conclude.

Overall, there are a few comments that the Minister of Municipal Affairs and Housing said in his opening remarks that I think are worth drawing attention to. One is that the minister congratulated the Attorney General’s work to improve the Landlord and Tenant Board. Let’s be very clear: The Ombudsman has done a deep dive into the Landlord and Tenant Board and has concluded, after a very lengthy investigation, that the Landlord and Tenant Board is “moribund.” It is broken. It is not fulfilling its basic duty of providing fast and fair access to tenants and landlords in order for them to get their day in court and their issue resolved—maybe it’s a tenant who is not paying their rent; maybe it’s because a landlord is trying to illegally evict them. It is a tribunal that is not working. It is also Ontario’s busiest tribunal. Over the five years that this government has been in power, the wait-list has not decreased; it has increased. And the wait-list after the worst of the pandemic has subsided has also increased, so that excuse can’t be used anymore.

What is also very interesting is that the Ombudsman pointed out that the number of adjudicators at the Landlord and Tenant Board is actually higher than it used to be. So I don’t know what is happening with that at LTB right now, but it is not working. I am calling on the Attorney General to get control of the LTB again and fix it, because it’s important for many people.

The second thing I wanted to just briefly respond to was the minister and the associate minister’s insistence that they’re very concerned about first-time homebuyers. I’m concerned about first-time homebuyers too. But the challenge I have with what this government is doing, when they focus on supply and nothing else, is that they’re ignoring the reality that it’s less and less first-time homebuyers who are buying these homes. It’s less and less that the type of homes that are being built are being built for first-time homebuyers. Increasingly, they’re being built for investors to make maximum profit, and they’re being bought by investors to then rent out to an individual who would prefer to be paying off their own mortgage instead of someone else’s third mortgage. I don’t hear this government talk about the need to make it easier for first-time homebuyers to get that home. That’s what we really need in Ontario today.

So there are the two comments I had from the presentations that I heard.

Now I want to give an overview of Bill 97. We’ve been debating Bill 97 for a little while. In short, it’s a bill that has some modest improvements to renter protections. It makes it easier for developers to pave over farmland with expensive sprawl. That’s the essence of Bill 97. The reality, also, is that this bill is not going to solve our housing affordability crisis or our housing supply crisis. They’re two issues we have right now—and this bill doesn’t effectively do either.

When I think about the Conservatives’ track record with solving our housing affordability crisis, the thing that constantly comes to mind for me is, I look at how expensive it is to rent a home in Ontario—and it has never been more expensive. And I look at how expensive it is to buy a home in Ontario—and it has never been more expensive. That’s the Conservatives’ legacy. Until housing gets more affordable, the housing affordability crisis has not been fixed.

In committee, we introduced many amendments in order to improve the bill. Our focus was multi-pronged. We wanted to bring in amendments to really clamp down on the big increase in illegal evictions that we’re seeing. Because as housing prices go up, as mortgages go up, as interest rates go up and as rent prices go up, the incentive for a landlord to illegally evict and move in a tenant who can pay more than what a long-term rent-controlled tenant can pay—that incentive goes up too.

There’s a reason why the number of evictions that are taking place in Ontario today is on the rise. Some of them are bad-faith evictions. Some of them are genuine—a landlord wants to move in because they just bought a home; they are a new, first-time homebuyer—but some of them aren’t. Unfortunately, the laws in Ontario today don’t protect tenants who are facing an illegal eviction.

We also are looking at bringing in better measures to build more affordable housing, to end exclusionary zoning, to protect our farmland, and to increase density and intensification so that we build homes in areas already zoned for development. We increase density in these areas in municipalities in order to build right, in order to build in a sustainable way, and also to build in a more efficient way, because it is far more cost-effective for a municipality to service a new home if it’s in an area already zoned for development than it is to pave over farmland and service a whole new area; it’s far more efficient.

I’m going to be going through these amendments in turn. What we found, overall, is that the Conservatives are not very interested at this point to really tackle the issues that we’re seeing in the housing sector. Unfortunately, the amendments that we introduced were turned down. That is unfortunate, because we’re not going to give up and we’re going to keep organizing on these issues.

That’s the overview of the bill.

Now I’m going to turn to what actually happened in committee itself.

I want to thank the many individuals and organizations who came to committee to share their expertise and discuss how this bill would affect them. Those people include the Federation of Rental-housing Providers of Ontario; Megan Kee, who works at the Niagara Community Legal Clinic; Rebecca Murray, who also works at the Niagara Community Legal Clinic; Dania Majid from the Advocacy Centre for Tenants Ontario. They also gave an excellent submission, which I’m going to dive into a little bit during my presentation.

We also had the Ontario Federation of Agriculture, Peggy Brekveld. I do hear in the letter that Minister Clark just sent to the OFA that it does seem that there has been some movement. This government has recognized that protecting farmland is important and that it is time to slow down and pause and make sure they get things right.

The Building Industry and Land Development Association, BILD—thank you. Kevin Love; AMO—the president, Colin Best, and Lindsay Jones came in. Rescon, the Residential Construction Council of Ontario—thank you for attending. The Toronto Region Board of Trade came and they had some very interesting remarks about Bill 97’s move to change how employment lands are protected. Don Valley Community Legal Services, Mortgage Professionals Canada, and the Ontario Home Builders’ Association came in and spoke. We also had many submissions.

Thank you for taking the time to make these bills as good as they can be.

Now I want to talk a little bit about the amendments that we introduced—and we did introduce a few. The first one that we introduced was around the rental replacement bylaws. This is an issue that came up in Bill 23. The government made a decision to bring in some laws that would allow them to weaken or eliminate municipal rental replacement bylaws. It was very concerning for many residents in Toronto, because we have a fairly strong residential replacement bylaw. It made a lot of people very scared.

Essentially, what the municipal residential replacement bylaw means is, if you are a tenant and you live in purpose-built rental and a developer comes forward and says they want to turn your purpose-built rental into a condo, you have some protections in that scenario where your building is going to be demolished. Municipalities monitor that process. They ensure a renter gets compensation as they’re waiting for that building to be built. Sometimes it takes a few years for these buildings to be built. They also ensure that the renter can return to the building and return to their home at about the same rent once the construction of that new, bigger building is complete.

In most cases, these purpose-built rentals are turned into condos. Usually, the final building consists of a percentage of rental units that are managed by the property manager; then there’s a percentage of units that are sold off as a condo—so it’s a mix of a building. It’s fairly common in Toronto.

The challenge with Bill 97 is that you’ve reintroduced this power to gut municipal rental replacement bylaws. You’ve put in a little hopeful spark because you’re also giving yourselves the power to strengthen them, which is good. I hope you expand on that. But it has made a lot of tenants very, very worried.

We introduced an amendment—we introduced a few. The first one was to create a strong provincial standard for all tenants who are facing a demolition of their building. It doesn’t matter where they live—Hamilton, Ajax, Sudbury, Peterborough, Ottawa, Toronto—this strong provincial standard would guarantee the right of return to that tenant into the new building and also ensure that there’s compensation for the tenant so that they can still afford to live in the neighbourhood that they call home while the construction of that building is complete. I think that makes a lot of sense because it’s a compromise; it’s a balance. It allows new supply to be built, especially if it’s near transit stations. But it ensures that we preserve our affordable private-market rental stock. It doesn’t hold up renters as being victims and sacrificial lambs—we just toss them out in order to meet the demand for new housing. I don’t believe renters should be sacrificed in order to meet the demand for new housing. We can do both, and we should do both. Our proposal to create a provincial standard would allow us to do both. The government chose to reject that amendment. My hope is that when I see the final regulations that come out, they are strong, because there are a lot of people who really care about this issue.

I think about an individual I work with right now called Pat. She’s in her early eighties. She lives in the Annex, a very expensive area. She wouldn’t be able to afford to live in that area if she had to move. When she found out her building was being demolished, her instant response was, “I have no idea where I’m going to go. There’s nowhere for me to go. I’m a senior. I’m on a fixed income. I have some pension. I can afford the rent. But if I have to move, my rent is going to go up from about $1,500 a month to $2,500 or more a month, and I can’t afford that.” So she’s terrified. I think Ontario has a place for Pat. Bill 97 and the regulations you introduce can either help Pat or they could evict Pat. My hope is that you help Pat. We introduced those amendments; they got rejected. Let’s see what the government does with the regulations.

The second move we did was around removing the provision requiring the city to provide a refund for a non-decision of a site-controlled application. Let me explain. With Bill 23, the Conservatives decided it would be a really good idea to continue to not look within themselves but to blame municipalities for the housing crisis. They said, “We’re going to make it so that if you don’t approve a building permit or a site plan application or a zoning application within a set period of time”—very truncated periods of time, especially for big buildings that require provincial and municipal approval, multiple-department approval, public consultation, stakeholder input, traffic studies—these are valid. If they don’t meet these very short time frames for approval, then the city has to give the development fee application funding back. The challenge with that is that sometimes, it’s not the municipality’s fault if the application is delayed. Sometimes a developer hands in an application that’s half done, so the city has to turn around and say, “In order for the clock to start ticking, we actually want a completed application, because the reason there’s a delay is because of you, not us.”

The other thing we heard in committee is that sometimes it’s the provincial government or another department or another issue that’s outside the municipality’s control that’s holding up this application for a zoning change or for a site plan application change. So we said, “Okay, there shouldn’t be any refunds at all. Let’s treat the municipalities like the partners that they are. Let’s do something like what the federal government is doing to provide additional funding to municipalities to hire the staff they need to speed up application processes. But let’s not punish municipalities; let’s help them.” The government didn’t like that.

I do want to acknowledge that in Bill 97, you’ve chosen to delay when the refunds come in, because you heard from municipalities across Ontario that the draconian and drastic measures you’re taking to change how planning works and how buildings are approved are putting municipalities into chaos; they’re having difficulty keeping up. We actually heard from municipalities that said, “All these changes that you’re doing, especially around the refund piece and the reduction in development fee charges, are slowing down our ability to approve applications, and slowing down our ability to provide the necessary infrastructure to get new homes online,” so that they’ve got the sewage, they’ve got the electricity, they’ve got the roads, they’ve got the daycares—all the services they need for the new residents who are moving in. They can’t keep up, and some applications to build, like in Waterloo region, are being delayed. It’s having unintended consequences. So we brought in amendments around that; the government rejected them. It’s a pity. But let’s see—maybe in a future bill. Sometimes I’m pleasantly surprised by some of the amendments we see in future bills.

I’m going to move on with that one.

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  • May/31/23 3:40:00 p.m.
  • Re: Bill 97 

So many. If you open up an act, I’m going to try to introduce an amendment to change it. That’s how it works. That’s my job. There are a lot of things I would like to change with how this government approaches housing and the real estate sector to ensure that our housing sector provides homes to people first. That’s the goal. And they should be affordable homes that meet their needs.

Another measure we introduced was around “use it or lose it.

This is how it works: If a developer gets all the approvals that they need to build and they don’t build within a fair and reasonable period of time, and they don’t have a good reason for not building, then there should be penalties imposed, because that will stimulate the construction of homes so we have enough homes for current residents to move out of their parents’ basements and for newcomers who are moving in who want to call Ontario home. Maybe they’re studying at the University of Toronto or the University of Waterloo and they need a home. It makes a lot of sense to me, and it’s something that municipalities are recommending. Unfortunately, the government chose to reject that amendment, which is interesting, because you’re A-okay with targeting municipalities, fining them, but you’re not okay with looking at developers who are choosing to sit on properties and sit on building permits for no good reason. I can imagine that if a municipality was going to move forward with this kind of amendment, there would be some reasonable conditions that we’d set up. Maybe it’s an affordable housing project; maybe it’s a project that’s in the public interest; maybe the developer had a really good reason and they’ve come into financial difficulty and they can’t get the financing that they originally thought they could. That’s a reason not to impose a penalty. But then there are some who sit on permits and they don’t build. This could be a very effective way, and a very cheap way, to increase supply. That was rejected.

This was an interesting amendment—I would say of all the schedules in Bill 97, schedule 4 is a complete and total mystery to me. It seems to be a mystery for the Conservative members, as well, because I’ve asked numerous questions in committee to the Minister for Municipal Affairs and Housing, to the committee members present, even to people who came in and spoke. I asked, “What does this actually mean?” People couldn’t really give a straight answer. I’ll explain it for the people listening. Essentially, schedule 4 of Bill 97 allows the minister to appoint a facilitator to give advice and recommendations “to the minister in respect of growth, land use and other matters,” and to “perform ... other functions”—not specified—“as the minister may specify.” So we don’t even know what they are. They can sign agreements with landowners. We don’t know what they are. Are they transparent? There’s no requirement here. Where’s the accountability? I have no idea. Could a facilitator, through the ministry, sign an agreement and bypass elected officials? Maybe. I don’t know. Does this apply to the divorce that’s happening between Brampton and Caledon and Mississauga? I don’t know. No one knows. So we thought, “Let’s introduce an amendment. Let’s keep it real simple. We’ll say that if the facilitator is making an agreement with a landowner or giving advice to the minister about growth and planning, then that needs to be transparent. Put it on a website, all the decisions and recommendations, so we all know what’s going on.” That makes a lot of sense, but you rejected that. I thought Conservatives were for transparency and accountability, but I guess not.

So that was a pity. The thing that disappointed me most about that is that no one really could answer questions about what that actually means. That’s really what surprises me about that one.

These are amendments all about helping renters who are in buildings that are facing demolition. We introduced a bunch of amendments—because we had the City of Toronto Act we needed to introduce amendments to, and then also the Municipal Act. So we got busy there.

Then, we introduced an amendment that really looks at the issue of renovictions. This amendment is focused on making sure that if a landlord is going to evict, they have a good reason to evict; that the renovation that is needed actually requires a tenant to leave. Right now, with Bill 97, you can get any kind of report, and you can say, “Oh, the tenant needs to leave. These renovations are significant.” And that’s it.

I looked at what other municipalities have done that have really effectively clamped down on illegal evictions. The example I’d like to use is New Westminster, BC. They brought in this interesting new law that says that if a landlord is going to renovict a tenant, they need to show that they have got the building permits necessary to prove that they’re actually going to do the renovation. It makes a lot of sense, because if a landlord is going to do the renovation, they have to get the building permits anyway. So why not make sure they do their due diligence so that we stop illegal renovictions, where some landlords say they’re going to renovate, but really, they have no intention of doing so; they just want to move in another tenant who’s going to pay the higher rent. This is simple. Landlords are doing it already. Get a permit, show us that you got a permit, put it in your application to the Landlord and Tenant Board in your application to evict. Conservatives didn’t like that, so that was a no, which is a real pity. But hopefully we’ll see that in future bills.

Then we had 4.2—we’re in schedule 6 now; this is the Planning Act. With the Planning Act, with Bill 23 and also with Bill 97, the Conservatives have brought in a whole lot of measures to really transform how we plan and build. One issue that’s particularly concerning to me is that Bill 23 changed the definition of what affordable housing is, which is really concerning. Bill 23 changed the definition of affordable housing so that it’s based on the market: A house is affordable if you can rent it for about 80% of average market rent, and a home is considered affordable if it sells for 80% of the sale price. That’s the new definition of affordable housing for the Ontario government. It’s different than what it used to be. It’s different than what the federal government has. It’s different from what the city of Toronto is looking at doing. The Conservatives decided to create their own. And why that’s so messed up is because they’re looking at giving upwards of $100,000 in development fee discounts to any developer that meets this new, completely unaffordable definition of affordable housing. So you could build a home in Brampton, sell it for $800,000, and you still get that affordable housing development fee exemption, and it’s taxpayers who are going to have to make up the difference. I don’t know how on earth that is fair for anyone, because $800,000 for a home in Brampton is not affordable for a middle-income person, for a moderate-income person, for a low-income person.

As a result of those development fee discounts, municipalities all across the GTHA have imposed a Ford tax, a property tax increase, to pay for the infrastructure that we need to build—because if we’re going to give developers a discount, someone else has to pay for it, and it’s Ontarians. I’m just going to review this again: Durham region, 5% tax hike; Pickering, 6% to 8%; Clarington, 4%; Waterloo region, 8.55%; Burlington, 7.5%; Niagara region, 7.58%—I had a wonderful co-op student help me gather this information, and I’m very grateful for them—York region, 3.9%; Newmarket, 7.67%. It goes on and on and on. And what’s hard to stomach with these property tax increases is that residents are not going to see improvements in their services. Most regions are going to see cuts in their services, and they’re going to see a delay in the rollout of infrastructure and the improvement of infrastructure because of these tax hikes. It’s a shame.

So we proposed to bring in an affordable housing amendment that goes back to the original definition that Ontario has for affordable housing. And the definition of affordable housing that we are proposing is that it’s based on what the resident can pay—not what the ever-increasing market is, but what the resident can pay, and that is 30% of gross annual household income for low- and moderate-income households; they shouldn’t pay any more than that on rent or the carrying costs of a mortgage for it to be affordable. And for a home to be bought, it’s essentially the same thing: They shouldn’t be spending more than 30% of their income. It’s standard. It’s what all levels of government are aiming towards. It’s what we had, and the government rejected it. I think that’s a shame.

I am waiting for this government to release what the actual affordable housing definitions are going to be—I know you’ve put 80%, but we’re actually waiting for the release of how much the rent will be and how much the home prices will be in each region, because the Conservatives said they’d release that every year. I am eagerly waiting for that to come out, because that’s really going to show how unaffordable this government’s definition is. I can’t wait for that template to come out.

So then we move to 5.1; this was a government amendment. There’s nothing I look forward to like seeing the amendments that the government makes to bills, because that’s when we realize what you’re going to change and what you’re not. I found this really interesting.

With Bill 97, the government is moving forward with making changes to converting lands that are zoned for employment into housing, and it’s being done very quickly. We had some stakeholders come in to express their enthusiasm and their concern for opening up employment lands to housing—their enthusiasm and some concern. I want to read out a few, because this is a big deal.

We had the Toronto Board of Trade express some concern. They asked the Conservatives to press “pause.” They liked the idea in principle, as do I, but they asked the government to press “pause” and think carefully before proceeding, because right now we have a housing supply crisis, but in 10 years’ time we could have an employment lands crisis.

How we’ve designed all our employment lands is that that’s where all the transit nodes are. If we’re going to turn downtown Toronto and much of that area into housing instead of commercial, then how is that going to affect employment trends and commuting patterns? Does that mean we’re going to have to change our transit systems? What’s it going to look like, exactly? People have some genuine concerns.

The Ontario Federation of Agriculture also had some concerns. They said to reconsider this amendment: “The resulting impacts of reduced protections for employment lands could result in increased pressure to utilize ... prime agricultural lands and specialty crop areas for employment uses in the future.”

You’ve introduced some amendments—I’m interested to see what this is going to look like. My request to you, and what I heard from stakeholders, is to just tread carefully. If we’re going to convert employment lands, do it carefully.

That was a government amendment, so you passed that one.

Oh, this is one of my favourites—we’re also in the Planning Act now, and we introduced an amendment to really improve the Conservatives’ position on allowing missing-middle housing. We introduced an amendment that would allow townhomes, duplexes, triplexes and fourplexes in areas zoned for development, in neighbourhoods people want to live in, in order to increase housing supply and also to increase a more affordable housing supply.

When you look at how much homes cost, a semi-detached home is usually half a million dollars cheaper than a single detached home, and a townhome is cheaper than a semi-detached home. If you’ve got a duplex and you sever it, those two homes are cheaper. So when you’re a family who wants to start out or you’re a couple who wants to start out—and you want to increase the supply of more affordable homes, there’s a real benefit in gently increasing density in municipal areas. It makes a lot of sense to me. It’s about the missing middle.

So we introduced this motion and, surprisingly, the government chose to vote that down, which is a pity. It’s a pity, because Bill 23 makes some modest improvements to missing-middle housing but not enough. We gave the Conservatives the opportunity to do the right thing, to walk and talk, and instead the Conservatives just chose to focus on talking. That’s a pity. You voted it down.

The next amendment we introduced was really about moving forward with density and intensification, and the reason we introduced this amendment is because in the new provincial planning statement, the Conservatives are looking at getting rid of all mandatory density requirements for municipalities, and the Conservatives are looking at getting rid of all mandatory density requirements for new subdivisions. What that means is that if a developer wants to come along—maybe they bought some greenbelt land or some farm-belt land—they’re not required to build for density so that we can efficiently provide services, provide transit and schools and daycares and roads in an efficient way. They can build single-family homes on quarter-acre lots and then have the municipality pay for that servicing. It is incredibly unsustainable, it is incredibly expensive, and it really jeopardizes our precious farmland.

You heard from the Ontario Federation of Agriculture that we only have so much farmland in Canada, and Ontario is so unique. We have some of the most productive and precious farmland in the world. We should be doing everything we can to protect it, but we’re not. Once it’s paved, it is gone. Eliminating density requirements and intensification requirements makes it even easier for land to be paved over, and it will make it harder for us to meet our housing supply targets, because we’re building less homes per acre than we could and we should.

We called for an amendment to go back to the 2018 density targets and intensification targets—pretty standard, part of the growth plan. The government chose to vote that down, which says a lot about this government’s interest in building expensive sprawl and this government’s disinterest in protecting farmland and building homes for Ontarians to meet supply. It’s a real concern.

We introduced an amendment that would allow inclusionary zoning in municipalities that want it. This is a really important amendment. The reason why this is important is because other cities have brought in inclusionary zoning. In the case of Montreal, for example, they have built thousands of affordable housing units at minimal cost to government since 2005. Municipalities in Ontario also want that right to move forward on inclusionary zoning. Inclusionary zoning is this: If there’s a new development that’s going to be built, then there’s a requirement that a percentage of those homes are affordable.

The city of Toronto spent years and years studying, listening to people, developing bylaws. They came up with a compromise: a fair inclusionary zoning law. The inclusionary zoning law said we’re going to exempt purpose-built rentals for a while. We’re going to focus on condos. For any new condo that is 100 homes or more—so these are the big buildings—we are going to require developers to have a percentage of them be affordable. It would be phased in over time. They looked at how much profit developers make. They looked at it very closely. They concluded that developers could continue to make the profit that they need to make it viable and build these affordable housing units. The law is on the books. It’s ready to go. However, the Ontario government, the Conservative government, is refusing to allow the city of Toronto to move forward with this new law. You’re refusing to allow them—they’ve made dozens and dozens and dozens of requests to the government, and you refuse to allow them—

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  • May/31/23 4:00:00 p.m.
  • Re: Bill 97 

Great question: Why?

I recently read an article on this—it was a representative of BILD from the development industry. They actually said that developers are sneaking in applications as quickly as they can now because they want to be exempt from the inclusionary zoning law. There’s this big rush for development to sneak in so they don’t have to pay their fair share. I think that’s a real concern. I think it should be stopped.

Developers need to pay their fair share and help contribute to solving our housing affordability crisis. Inclusionary zoning is a tried and tested way to do it. It has worked in other municipalities. The city of Toronto wants it. The Conservatives should get out of the way and allow it to happen. We introduced an amendment to allow that to move forward, and the Conservatives rejected it. Honestly, that’s a real shame.

Then, we introduced measures to ensure—this is all about protecting farmland. We introduced some motions that were developed by the member for Timiskaming–Cochrane to put in an additional layer of protection when a piece of farmland was being proposed to be taken off and developed. The motion is this: It would require an agricultural impact assessment which calls for—the council of a local municipality should not pass a zoning bylaw under this section that proposes to change the uses on land that was zoned for agriculture unless they do an agricultural impact assessment, which essentially means that before you convert agricultural land into another purpose, you need to do an assessment to ensure our overall farming sector is not negatively impacted. We know that our farming sector, our agricultural sector, is one of our biggest economic drivers for the province. It’s one of our biggest job creators for the province. It feeds us. So we should be doing everything we can to protect it. The government voted that down, which is a real pity.

Just moving through here, we introduced another “use it or lose it” permit process so that municipalities—not just the city of Toronto, but Ontario-wide—would have the option to bring in “use it or lose it” policies to incentivize developers to use the building permits that they have already secured in order to increase supply, unless they had a really good reason not to. That amendment got rejected.

We also introduced an amendment in order to protect some of our precious areas within the greenbelt plan, the Oak Ridges moraine plan, the Niagara Escarpment plan and the Lake Simcoe Protection Plan—areas that are protected by these plans. We introduced an amendment giving municipalities the right to do site plan control—to manage the exterior of the building—with projects of 10 or fewer residential units. The reason this is important is because allowing municipalities to manage site plan control really helps in protecting our precious green spaces, including the greenbelt. It was a request that was made, and we thought we would introduce it because our greenbelt is unique and special; so is our Niagara Escarpment; so is Lake Simcoe. However, the government chose to reject that amendment too, which is a real pity.

This was an amendment brought forward by the MPP for Beaches–East York—I really like this one. This was an amendment that looked at the Conservatives’ move, in Bill 97, to give the ministerial zoning order process some extra oomph by allowing MZOs to be exempt from provincial laws as well, including official plans and policy statements, which essentially means that—I’m just imagining—a developer could call up the minister and say, “I have this factory I want to build, or this warehouse on some farmland I want to build, or this subdivision I want to build, and there are these pesky provincial and city laws that I really don’t like. I don’t want to wait in the long queue like everyone else. I really want to be fast-tracked, so can you just write that MZO for me so I can get going?” A two-tier planning system process—one for your friends, one for everyone else. The MPP for Beaches–East York said, “Hold on. We should introduce an amendment that would ensure you can’t introduce an MZO that would jeopardize life or safety or accessibility, that would increase the likelihood of flood hazards”—because you don’t want to build on wetlands unnecessarily. It’s just putting some checks and balances on this MZO process. I thought it was pretty reasonable. I voted for it. The Conservatives voted it down, which is a real shame.

Now we get to my favourite, which is the Residential Tenancies Act. I like the Planning Act too, but I really like the Residential Tenancies Act. Bill 97 proposes a bunch of changes to the Residential Tenancies Act; some of them I like. There were some modest improvements there. But I thought we could do better. We introduced some amendments in order to improve and strengthen the Residential Tenancies Act so that the 1.7 million households in Ontario who rent can live in safe, affordable and well-maintained homes. That’s the goal. They deserve to live in Ontario too. Renters are not second-class citizens. It’s the Residential Tenancies Act which is really that law that should be providing good protections for renters. So we introduced some amendments on this. The first one we introduced was an amendment to ensure that there was rent control on all units, including units that were first occupied after 2018.

When I think about the laws that we can introduce in Ontario that would really directly make Ontario more affordable and address the housing crisis, I cannot think of any two stronger or better pieces of legislation than ensuring that there is rent control on all new homes and that we bring in vacancy control so there is a cap on how much the rent can be raised if a tenant leaves and a new tenant comes in. There’s no more effective way to solve a housing affordability crisis than that.

When I think about the value of those laws, I think about the latest reports that came out by rentals.ca and Urbanation. These are big macro studies that look at how expensive rent is, and every month they come out with a report showing that rent for available apartments is going up and up and up and up. The numbers are scary: It now costs more than $3,000 to rent an average rental home in Toronto today for available units—$3,000. You need to earn well over $100,000 a year to afford that, and there are people who can’t afford it. They’re living two people to a bedroom; they’re spending $1,500 just to rent one room in a shared house—or two families in a unit. They’re maxing out their credit cards. It’s not working for a lot of people, and we’re starting to see that with a rise in delinquencies; we’re starting to see that with an increase in the number of small businesses that are going under. People are struggling. We’re seeing that in the increase in the lines at the food banks. People are struggling, and it’s really rent that’s people’s biggest expense.

I think about Nikki. She came and spoke at a press conference that we did recently. She pays $600 for a 600-square-foot basement apartment. She earns six figures. She works in the finance sector. But that’s all she can afford, as a single person. Because her basement is new, she just got a $250 rent increase, and she’s like, “I live in a basement.” And that’s typical.

I think about Kara. We raised Kara’s story in question period. She moved into a townhome in St. Catharines, paying about $2,000 a month. She didn’t realize that her unit wasn’t protected by rent control, because even the government’s own pamphlets don’t talk about how new units are exempt. She was slapped with a 17% rent hike. How on earth can you afford a 17% rent hike just like that? People can’t.

That’s why we introduced amendments to bring in strong rent control, in order to clamp down on the escalating rent hikes we’re seeing in Ontario—and the government voted that down. That is very concerning.

It’s not just about supply; it’s about affordability too, and there’s no one who’s hurting more in Ontario than renters when we’re talking about the housing affordability crisis—no one. Renters are not rich.

Then we really addressed the issue; we brought in a bunch of amendments to provide some clarity around the government’s decision to listen to the Human Rights Tribunal and make it a right that tenants can have an air conditioning window unit in their home, provided they meet certain conditions. We see this as a good move. We’ve been advocating for tenants to have the right to have an air conditioning window unit for some time. We’ve been working with tenants who have received an eviction notice from their landlord saying, “Either take out your AC unit or we’re going to try to evict you.” Can you imagine the fear of that? Just because you want to stay safe in summer—we don’t want to be miserable in summer—and you put an air conditioning unit in. So we’ve been advocating for that. The Human Rights Tribunal ruled and they said that access to an air conditioning unit is a right. And the government has done the right thing with Bill 97 and has introduced that right into the Residential Tenancies Act.

But there’s something that the government didn’t do, and that is, the government chose not to set a maximum temperature. Just like we have a minimum temperature in winter for units, the Human Rights Tribunal and we, also, have been calling for a maximum temperature to be set in summer as well. It’s something that many municipalities already have on their books. Ajax, Mississauga, Toronto—it’s 26 degrees. It was established in consultation with public health. Many states and cities in the US have this too—especially in the southern states and the southwestern states, because it gets so hot. So we called for that too. The Conservatives have not introduced that into Bill 97.

But one thing they did introduce into Bill 97 which I have a lot of concerns about is that they’re allowing a landlord to bill a tenant for the increase in electricity. I think this opens up a slippery slope—that the Residential Tenancies Act already bans. The Residential Tenancies Act says that seasonal fees are not allowed. This opens up this door which allows seasonal fees. It’s very concerning.

Rent has gone up over 30% over the last 10 years. It is more than enough to cover electricity costs and maintenance costs already. And it’s concerning when a choice was made to bill tenants when there are two choices that could have been made there. There are some tenants who will pay it, and then there are some tenants who won’t. These are the tenants on a fixed income who can’t afford an air conditioning unit and can’t afford an increase in their electricity. My guess is, they’re the ones who are most vulnerable to suffering from heatstroke, or even death, if we face a heat wave, which we inevitably will.

I was on the phone to some people that reported on the heat waves in BC last year, when over 600 people died. The vast majority of them lived alone; they were old. Some of them had mental health conditions. Almost all of them lived in apartments that didn’t have an air conditioning unit or any air conditioning at all. They’re going to be hit first and worst by the climate crisis.

This is about keeping people safe. I fear that these changes in this bill are not going to be able to help those people.

So we introduced some amendments to bring in a maximum temperature bylaw, to provide some clarity around ensuring that tenants don’t have to pay extra in order to install an air conditioning unit, and the government chose to vote them down. That’s very concerning.

It’s already hot. It’s May—it’s 30 degrees this weekend. We’re already starting to get calls from homeowners who live in condos, because their property manager hasn’t turned on the cooling yet, and from tenants who are worried, because they know it’s going to get hotter and they don’t know what they’re going to do. Unfortunately, Bill 97 doesn’t help them.

We introduced an amendment requiring a landlord to get a building permit into the Residential Tenancies Act, to see if we could get it in that way. You rejected it, which is a pity.

We also introduced some amendments around the issue of illegal eviction. I want to spend a bit of time talking about this as I near the end of my presentation.

The government—this is twice now, with Bill 184 and now with Bill 97—has said, “Illegal evictions are a problem, and we’re going to fix it by massively increasing the fine that an individual or corporation would pay if they illegally evicted a tenant or break any section of the Residential Tenancies Act.” No question, these are big fines—it’s going up over $100,000 for a fine. The challenge, however, is that the Landlord and Tenant Board doesn’t fine bad-actor landlords who illegally evict a tenant the maximum amount of money. What we’ve also found is that a tenant, if they’re illegally evicted, never gets the right to return to their apartment; it’s unheard of. We’ve talked to legal clinics. Legal clinics came in—ACTO; Don Valley; FMTA, the Federation of Metro Tenants’ Associations; ACORN. None of us could think of an example where a tenant actually gets into their home if they’ve been illegally evicted. It doesn’t happen. What’s also concerning is that landlords really don’t get fined very much and very few of them get fined.

I asked the Attorney General to share some statistics. Because you’re doubling the fines, you might want to provide some evidence into whether they work or not. The Attorney General refused to do it.

So ACTO did a bit of a deep dive, and they looked at Landlord and Tenant Board decisions to see how much fine landlords are getting if they illegally evict a tenant and how many are getting fined—and it’s pretty low. I’m going to read this out so we are all aware of how the Residential Tenancies Act is not protecting tenants. They did a deep dive and they found that there were just 74 applications that tenants made for illegal eviction, and the reason why is because most tenants know the Landlord and Tenant Board is not a place for them. It takes more than two years just to get a hearing; they don’t get their unit back, so why bother? So many of them don’t, but 74 of them did. And what they found is that of the times when the board issued a fine, the average fine was between $500 to $3,000—that’s it. Even though back then they could issue a fine of up to $100,000, they don’t. So a landlord knows that if they want to illegally evict, the odds are a tenant is not going to take them to the Landlord and Tenant Board; the odds are a tenant is never going to get back in; and the odds are they’re just going to get a small fine, if any at all, so they may as well illegally evict, because there’s every reason to do so—they’re going to make a whole lot of profit—and there’s very little reason not to. That’s what is happening in Ontario today.

So we introduced some amendments to strengthen the eviction protection process. We introduced some amendments allowing the Landlord and Tenant Board to ask a landlord, “Do you have another vacant unit in your building? If so, the tenant should be able to go there.” It’s pretty simple; there are lots of big buildings where there are multiple vacant units, so there’s one available fairly quickly. No, you rejected that.

We also introduced an amendment to increase the amount of money that a tenant actually gets. If a bad-actor landlord is fined—let’s say they’re fined $100,000 in this imaginary world—it’s the government that gets the money; it’s not the tenant, so the tenant has no incentive to spend up to two years volunteering their time. They’re never going to get their home back, and they get barely any compensation. So we introduced some amendments to say that if a tenant is going to do all that work, they should get some of that compensation; we are proposing $35,000. The government rejected that too, and that’s a shame.

We are also calling for the government to get serious about illegal eviction activity by strengthening the Rental Housing Enforcement Unit. It’s a department that already exists. A tenant should be able to call them up and say, “I fear I have been illegally evicted. Can you help me?” and there should be a bylaw officer available to help them to ensure they get back into their unit or the landlord, if they are breaking the law, is properly fined. If we started enforcing the laws we have, the number of illegal evictions would decrease. We introduced these amendments, and the government voted them down. It’s very concerning.

We introduced a lot of amendments to improve Bill 97. We heard from a lot of stakeholders who had a lot of very good and useful feedback to the government on how to address some of the issues that we face in the housing sector. By and large, the Conservatives think they know best.

What is very clear, though, and I urge you to consider this, is that this government—you’ve had five years to fix our housing crisis. You can’t blame the Liberals anymore. While housing supply starts have gone up, the cost of buying a home has gone up too, and the cost of renting a home has reached levels that we have never seen before. It’s at record highs. So it can’t just be about supply—it’s got to be about supply, but it also has to be about bringing in strong protections for renters so that they can live in this province, but based on evidence.

This government also needs to get serious about clamping down on investor-led speculation—because investors are the number one purchasers of homes right now—so that first-time homebuyers can get that home, so they can have the home that they love, that they can raise pets and kids in, and garden in, and send their kids to the local school in, and retire in. That’s what people want. And this government knows—you know what you can do, provincially, to clamp down on speculation, and you should be doing that. I don’t see that in this bill.

Finally, this government needs to get serious about building and buying affordable housing because the private market is not equipped, is not able, to build homes that are affordable for people on low income, on fixed income; for seniors who are on fixed income. They’re not going to do it. It doesn’t pencil; it doesn’t work. It’s going to require government investment, and we’ve presented many ideas to this government on how to move forward on that: build homes on public land at cost, invest in co-ops, invest in affordable housing, build affordable private-market rental and buy it. There’s a lot you can do, and my hope is that in future bills you do it, because Ontario should be affordable for everyone.

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  • May/31/23 4:20:00 p.m.
  • Re: Bill 97 

Thank you very much for that question.

We have been very clear that we are very much in support of increasing housing supply and meeting our 1.5 million housing target by 2031. But what we are also very clear about is that it is not just about increasing supply; it’s also about addressing affordability. They’re related, but one doesn’t automatically solve the other, which is why we are proposing a comprehensive approach where we build homes for Ontarians first and not investors; we clamp down on investor-led speculation; we make renting safe and affordable so people can save up enough for a down payment to buy a home—I don’t know anyone who can save up a down payment, paying $3,000 a month in rent—and we get serious about building affordable housing.

There’s very little in this bill that looks at creating housing and meeting the housing needs for people who are in a really tough spot. Maybe they are on a fixed income. Maybe they are fleeing an abusive relationship. Maybe they’ve just moved to Canada and they don’t know the laws and they moved into a housing situation that’s really not good. There’s very little in this bill for that.

The Conservatives have done a few things that concern me, around making housing affordable for people who are struggling. The government has decided to cut funding to municipalities and housing, which means there’s less funding available for shelters. The government also decided to cut funding to the rent top-up program. So if someone wants to find a rental home and get a top-up from the government so that they can afford the rent, rebuild their lives, have a home, move into the private market, get that little bit of help—that’s also being cut. It’s those kinds of programs that we need to really help people who are struggling.

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  • May/31/23 4:30:00 p.m.
  • Re: Bill 97 

Thank you to the member for Newmarket–Aurora.

In committee, we did vote in support of measures to require a landlord to get a report in order to justify an eviction of a tenant in the case of a renoviction. We also voted in support of the increase in fines for people or corporations that violate the Residential Tenancies Act; in fact, we proposed higher fines.

The challenge is that the moves that this government is making to address the renoviction crisis and the illegal eviction crisis—evidence is clearly showing us that they are too weak to work.

I urge this government to look at the evidence, do evidence-based decision-making, and move forward with measures that are actually going to stop the illegal eviction crisis that we have, because what we have right now is not working.

We did introduce amendments into Bill 97 in order to strengthen renter protections. Every affordable private-market home that we have, we should be keeping. There is nothing more important and there’s nothing more wise that we can do right now to make housing affordable than bring in vacancy control and real rent control. When we’re talking about being proactive, those kinds of rent control measures, those kinds of rent protection measures are really going to make Ontario a desirable place to live. It means we’re going to stop the net migration out of this province to other more affordable provinces, which is a real concern. Those people take all their talents with them. It means we become a more affordable and desirable place. It’s a pity the government chose not to accept those amendments.

We very much support and agree with the target of building 1.5 million homes to meet the needs of Ontarians today and to meet our immigration targets in the future. Many more people want to call Ontario home. It’s why we introduced an amendment—

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