SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
October 26, 2022 09:00AM
  • Oct/26/22 9:50:00 a.m.
  • Re: Bill 23 

Thank you very much, and congratulations. It’s good to see you in the chair.

My question is to the Minister of Municipal Affairs and Housing, about Bill 23, this new bill. One measure that I’m particularly concerned about is the proposal to do away with protection for tenants who live in purpose-built buildings, who might find that their purpose-built rental will be converted to a condo and they will have no right to return to their unit at the same rent that they’re currently living at. Can you commit to ensuring that renters can return to their original unit once construction is complete?

108 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 10:00:00 a.m.
  • Re: Bill 23 

I’m proud to rise to speak to Bill 23, the government’s new housing bill. This government’s bill is big, very big. It’s sweeping. And it was introduced yesterday at 3 p.m., which means that we are still digesting the changes, going through the schedules, consulting with planners, municipalities, housing experts, renters and the building sector to determine what this bill means, how it will affect our province and how it will affect the housing sector.

A few things come to mind just off the top. One is that this bill gives the province far greater control over development and planning. The minister has much greater authority to change heritage, to give fines to consumers, to change municipal laws that hurt developer profits. That’s our initial take.

The other measure that advocates have raised very quickly with us is the decision to get rid of cities’ right—the rental housing replacement program. The reason why I just want to dwell on this for my first few minutes is because this measure ensures that a renter, if they need to move because a building is being demolished, has the right to return once the new building is complete at approximately the same rent that they were paying before.

The reason why this is important is because, in Ontario today, we have thousands and thousands of purpose-built rentals that were built in the 1960s and 1970s. These are typically buildings that have far more affordable rents than the kind of unit you’re going to get if you move into a new condo downtown; you might be paying closer to $1,100 to $1,600 for a one- to two-bedroom apartment.

In my riding, many of the people who live in these buildings are older. They are rent-controlled. They have lived there for many years, and the beauty of a purpose-built rental is that it provides a tenant with more certainty that they’re going to be able to stay there year in and year out. That’s very different if you move into a rental property that’s part of a single-family home. Maybe it’s being bought by an investor who wants to flip the property within a year to five years. It does mean that if you live in a semi-detached or a single-family home, it’s far more likely that you could be evicted because the landlord wants to move in or sell it or the property has a new homeowner.

Those people who live in purpose-built rentals deserve protections, and they deserve to keep the protections they’ve got. Getting rid of the requirement—that any renter that is evicted is then potentially not allowed to move back into the new development means that every renter who lives in a purpose-built rental, every renter who is living under rent control, every renter who has more affordable rent could be in a situation where they could face eviction because their corporate landlord or a potential investor could see these properties as an opportunity to convert into luxury condos and force these tenants out. That’s where our affordable units are in the city, so I’m very concerned to see that measure in there.

We are already hearing from housing stakeholders who have raised this issue, and the reason why I’m focusing on this to such a great extent is because if we are going to build new homes, which we absolutely need to do, we also need to keep the affordable homes that we have.

I’ll give you an example of an individual, Carolyn Whitzman. She is an expert on housing supply, including meeting new housing supply. One of her biggest concerns is the decision to get rid of section 11, and this is what they say: “This would have a disastrous impact on net affordable housing. Canadians lost 15 homes renting at $750 or less for every one new affordable home created at that price point between 2011 and 2016. Most of this net loss was due to demolition and renovation of residential rental properties.”

What that means is that this rental housing protection bylaw that exists in some municipalities, including the city of Toronto, is the main reason why many of these—

723 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 11:00:00 a.m.

My question is to the Minister of Municipal Affairs and Housing. I’m joined today by Susan De Rosa, a tenant whose purpose-built rental is set to be demolished and replaced by a condo. I have been working with Susan and her neighbours at 145 St. George to ensure that if the city approves the development, she and her friends and her neighbours still get the right to return to their homes at the same rent once the condo is complete. But this government is looking at scrapping the rules that give tenants the right to return to their homes at an affordable price, which threatens thousands of affordable private market rental units across our city.

Minister, can you ensure that renters who are evicted can return to their rent-controlled apartment once building is complete?

137 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 11:10:00 a.m.

Minister, we need to build more housing supply and more rental stock but not—

Interjections.

Interjections.

My question is back to the Minister of Municipal Affairs and Housing.

This government wants to reduce and exempt development fees for some homes. These fees pay for transit, for daycares, for parks, and for the services that residents need. They also help build new affordable housing. Toronto is already experiencing a funding shortfall of more than $800 million.

What is this government’s plan to help municipalities make up for this massive loss in funding?

92 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 3:10:00 p.m.

This is a petition called, “Demand Filters for Washing Machines to Reduce Microfibre Pollution Getting into Waterways.

“To Legislative Assembly of Ontario:

“Whereas microfibres are ubiquitous pollution in the environment; and

“Whereas there is scientific evidence suggesting microfibres cause harm to animal life; and

“Whereas to date, the largest documented source of environmental microfibres is from laundering synthetic plastic and non-synthetic textiles in washing machine; and

“Whereas scientific studies indicate washing machine filters divert the majority of microfibres released during laundering and significantly reduce loadings to the environment;

“We, the undersigned, petition the Legislative Assembly of Ontario as follows:

“—pass Ontario Bill 279, requiring built-in washing machine filters that capture microfibres at a filter force size set of 100 micrometres;

“—provide a tax credit to consumers that retrofit machines with after-market filters; and

“—legislate that laundry filters be required in industrial textile facilities, as well as commercial, public and institutional laundry facilities.”

I support this petition. I’ll be affixing my signature to it and giving it to page Julien.

173 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 3:20:00 p.m.
  • Re: Bill 23 

Today, I rise to speak to Bill 23. It is a bill to increase housing supply, among many other things, across Ontario. It is a really big bill. I have it right here. It’s large. It’s over 130 pages. We received it yesterday at about 3 p.m., and we’ve been working hard and doing outreach with stakeholders to better understand what this bill means, what the legislative changes mean, what the proposed regulatory changes mean for a whole host of things in Ontario, from our housing sector, how it is going to affect renters, its effect on the building code, its effect on conservation authorities, on development charges, on municipalities, on consumer protections for new homeowners and new condo owners.

It is a significant bill. It is also a mixed bag. There are some things that I look at and I think, “That could make sense,” and there are other things that I look at and I think, “That’s going to have some pretty serious consequences on municipalities, on environmental protections, on renters.” It does look like Bill 23 will build more homes in existing neighbourhoods, but our assessment is that it will likely make renting more expensive, it will likely encourage urban sprawl, and it will certainly harm municipalities’ ability to provide services like transit and daycare to residents.

What we were wanting to see from this government after the election was a bill that didn’t just focus on building new homes, which is absolutely essential to tackling our housing affordability crisis, but also a comprehensive approach that deals with the housing affordability crisis overall. That means building new homes. It also means building more affordable homes and supportive housing homes. It means clamping down on investor-led speculation. It means bringing in—and this is extremely important—better protections for renters as well.

The reason why it’s very important to have a comprehensive approach as opposed to just focusing on one piece of the problem is that we have a massive housing affordability crisis in Ontario. It is the number one issue in my riding, and it affects all Ontarians in different ways. On a basic level, in our riding in particular, we have a very high homeless population. University–Rosedale, Toronto Centre and Spadina–Fort York have some of the highest densities of people who are experiencing homelessness across Ontario. Many of the services for people who are experiencing homelessness are in our ridings. Many of the shelters are in our ridings. As well, many of the encampments are in our ridings. What I’m hearing from my colleagues is that the number of people who are homeless, living on the streets, living in encampments, has spread from Toronto to areas all across Ontario. It’s extremely concerning.

We have an encampment at College Street right now. It’s a new encampment, and the people who are living in this encampment literally have nowhere else to go. We have communicated with local service agencies, including The Neighbourhood Group, the church, and we have communicated with the city to try and find more permanent supportive housing for people who are living in tents, and there is nowhere for them to go. There are no permanently supportive homes available. And there are very few shelter beds available, and the shelter beds that are occasionally available—shelters are about 98% full—many of these shelters are hard for people to live in. They’re often dangerous. People are concerned that their belongings are going to be stolen. They’re worried about COVID, especially since we’re going into another wave. They have to leave every morning at a certain time. It’s very unstable.

What we also know is that many of the hotels that were established to house people during the COVID period, their contracts are up for renewal, and many of these contracts are not going to be renewed. So we have this perfect storm of rising inflation, a homelessness crisis and these hotel contracts that could be ending, which could lead to even more homelessness challenges. So it’s very concerning.

Then when we move up to the rental market, we see that our rental market is extremely expensive. We saw a dip in rental prices during the COVID crisis, but now what we’re seeing is rental prices going up. In the case of Toronto, we’re seeing rent prices reach record levels—levels that we have never seen before in Toronto, ever. I just went and had a look at the cost of a one-bedroom rental. For an available one-bedroom rental in the city, it will now cost you an average of $2,329 a month, which is a 17.1% year-over-year increase from August 2021. So rents have gone up 17% in the last year. The average amount for a two-bedroom apartment is now $3,266 for an available market apartment. That is staggering. There are estimates that you need to earn over $100,000 a year to afford just to rent in Toronto at this point.

Then when we move to the dream of owning a home, and that is a desire of many newcomers, many younger people—anybody who doesn’t have a home yet would love to own their own home, and that has become increasingly out of reach. There has been a softening in housing prices since the housing peak in February and March 2022, but with the rise in interest rates, we have actually entered, according to RBC, the worst housing affordability crisis when it comes to home prices that Canada has seen in decades because interest rates have made it even harder for people to save up the deposit and then also cover the carrying costs of having a mortgage.

This has happened under this government’s watch. The cost of buying a home, the cost of renting a home and the homelessness crisis, which is escalating, has happened on this government’s watch. It also happened under the Liberal government’s watch, but it has happened under this government’s watch. That is a legacy.

There is a need to certainly address the housing affordability crisis, and there were measures that we wanted to see in this bill to really tackle the housing affordability crisis in a comprehensive way. I want to flesh them out a little bit more before I get to the bill itself.

One, we agree with the Conservative government that building more homes, market homes and non-market homes, is necessary to address the housing affordability crisis.

Interjection.

1107 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 3:30:00 p.m.
  • Re: Bill 23 

Yes. It is necessary—non-market and market homes. Thank you.

What is also important is that we need to make sure that the homes that we are building are the kinds of homes that people can afford and the kinds of homes that Ontarians want to live in. So we’re not just building homes for investors; we’re also building homes—we are prioritizing building homes for people who live in Ontario and for people who are planning on moving to Ontario.

The federal government has made the decision to increase immigration rates. That is a good thing. And we need homes for people who are moving to Toronto and moving to Ontario so they can rebuild and build their lives here. It’s extremely important.

We called for in our election platform a commitment to engage in ending exclusionary zoning and moving forward on zoning reform to encourage the construction of missing-middle homes—those duplexes, those triplexes and those townhomes—in existing neighbourhoods.

We call, and we continue to call for, more family-friendly rent-controlled purpose-built rental. When you go to Toronto today and you look at what homes are available, you increasingly see homes that are 600 square feet in size. That’s the average size for a condo in Toronto today. You cannot raise a family and stay sane raising a family in a 600-square-foot condo. It’s not a sustainable or healthy way to live. We need to be building bigger purpose-built rentals and bigger condos—family-friendly apartments—in order to have homes for people that work for families as well. And we have excellent examples of that in University–Rosedale. The Manulife building on Charles Street is an excellent example of a well-made building with purpose-built rentals that families live in because they are larger in size—two-, three-, sometimes even four-bedroom apartments. These are the kinds of measures that will require government regulation to ensure that those kinds of homes are built.

We are also in support of opening up public land to build non-market affordable homes. Ontario has over 6,000 properties that have been identified as being available and worthwhile—like, you could actually build non-market housing on them, and the land is serviceable.

We’re also calling for a public builder to build homes for Ontarians at cost. It makes a lot of sense. It’s been done in other countries. It should be done here.

But it cannot just be about supply. It also needs to be about bringing in better protections for renters and clamping down on speculation.

This government’s track record on improving protections for the 1.4 million households in Ontario that rent has not been strong. This government has made a decision with Bill 184 to make it easier to evict tenants that have fallen behind on their rent, often through no fault of their own. They’ve made it so that they lose their right to return to the Landlord and Tenant Board if they’ve already had a hearing.

This government has also made the awful decision to end rent control on new buildings. The reason why that is very concerning is that it means that when a new renter—maybe they’re new to Ontario or they’ve just moved out of their home—they found a place, they move in and then very quickly they discover that they’re not protected by rent control, which means that they’re not going to have steady, small increases year in and year out of 1.2%—or in this case, for 2023, 2.5%. Their landlord could turn around and raise the rent to however much they want. The challenge with that is that renters cannot prepare for a $500- or $1,000-a-month rent increase, and that is extremely concerning. What it does also mean is that renters can be economically evicted, because they cannot afford the rent increase that could come at any time. That is deeply concerning. It certainly benefits investor landlords, but who it doesn’t benefit—who it hurts—are renters, many of them working Ontarians who are running our cities: our paramedics, our students, our paralegals, the people who work in our supermarkets, our child care workers, our teachers. They’re the people that struggle as a result of that.

It’s been very concerning over the last four years to see this government’s moves to make it even harder to rent in Ontario.

So what we have been calling for, and what we are urging this government to do—and the MPP for Parkdale–High Park introduced a measure today which is related to that—is, instead of allowing rent to exponentially increase, to move forward with rent stabilization, move forward with a plan to bring in vacancy control, so there is a cap on how much rent can be increased when a tenant leaves and a new tenant comes in, and also to bring in better protections for renters so that their home is properly maintained. This government has shown no interest in moving forward with measures that would allow renters to live in safe and affordable homes.

The other measure that we have called for, which this government has been very reluctant to do, is to improve the functioning of the Landlord and Tenant Board.

Interjection.

908 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 3:40:00 p.m.
  • Re: Bill 23 

Yes, it’s a huge issue. The Landlord and Tenant Board is the busiest tribunal in Ontario. It hears over 90,000 cases a year, and it resolves disputes between tenants, who see a house as a home, and landlords, who see that house as an investment. That means that they need to resolve very challenging disputes in a quick, fair and fast manner, so that everyone can get a fair outcome.

The challenge, however, is that people—landlords and tenants alike—are waiting months, and in some cases years, for their day in tribunal to get their issue resolved. We have a situation right now with an individual called Pin, whose landlord moved into their home without getting prior permission, has damaged the kitchen, has on occasion made their washroom not available for use—it doesn’t function properly. They have been waiting two years for a hearing at the Landlord and Tenant Board. That is extremely concerning. That means they are living in misery. It means they are living in very difficult housing conditions, and they have to go back to that every single night at the end of their working day.

The Landlord and Tenant Board needs to be improved. It needs to be fast and fair. There need to be fair and competent adjudicators hearing cases, and people need to have a right to an in-person hearing if either the landlord or the tenant requests it. This government knows that this is an issue, and they’ve done very little about it.

And then the final piece when it comes to addressing the housing affordability crisis—you’ve got the renter protections; you’ve got building new supply—is this critical measure that we need to address, which is to clamp down on investor-led speculation, so that people who intend to live in a home that they buy or rent are prioritized by our housing sector.

This government, in the last week, has started to make some moves to address the sharp rise in investor-led speculation that we have seen in Ontario over the last decade. This government has made a decision to increase the non-resident speculation tax from 20% to 25%, and this government has also made a decision to expand it from the GTHA to include the entirety of Ontario. That is a move that we support. Increasing speculation taxes to allow people who intend to live in the home that they buy or rent is a good move. It needs to be more affordable. The challenge is that there needs to be a whole lot more done in order to make housing affordable again.

We have called for the government to bring in an annual speculation tax and an annual vacant homes tax to make housing more affordable for first-time homebuyers and to increase rental supply. The annual speculation tax has precedent—it was introduced and implemented in BC—and the annual vacant homes tax was also introduced into BC, and it has been remarkably successful. In the case of BC, they did a report on the effectiveness of the speculation and vacant homes taxes this year, in June 2022. They found that the 2% tax raised over $231 million in revenue, which was then moved to build affordable housing, and it added over 20,000 long-term rental units into the Vancouver area—20,000 long-term rental units were added, all with the stroke of a pen.

The reason why it is so effective, especially the vacant homes tax, is because it gives investors a choice: They can choose to keep the property empty and pay a tax and contribute to affordable housing; they can choose to open it up to a long-term rental market and provide someone with their own home; or they could choose to sell it and give a first-time homebuyer who intends to live in the property an opportunity to live in it. It’s win-win-win. It’s an extremely effective policy measure.

This government has talked about setting up a vacant homes round table to discuss the possibility of bringing in a vacant homes tax. I was hoping to see a vacant homes tax in this sweeping housing bill, but I did not see it.

Our request is that the speculation taxes that you have started to introduce need to be expanded to include an annual speculation tax and a vacant home tax, so we can raise the revenue we need and increase supply to ensure that Ontarians can get access to that safe and affordable home.

Now I want to move to the bill itself. It is a complicated bill. As I mentioned, we received the bill at 3 p.m. yesterday. It’s over 130 pages long. We’re doing outreach to municipalities and planners and housing advocates and tenant associations and experts and conservation authorities to better understand what this bill means and how it’s going to affect our housing sector.

Already we are getting written statements and feedback expressing some concerns with the bill—some things people like, some things people have some concerns with. I’m going to spend my time going through some of the feedback I have received and also highlighting some of the concerns and things that I think are interesting in this bill.

Number one is the government’s plan to reduce protections for renters. This is in schedule 1, changes to the City of Toronto Act, as well as schedule 4, the Municipal Act. Essentially, the changes are to impose limits and conditions on a municipality to prohibit and regulate the demolition and conversion of rental properties under section 111. So what does that mean? I want to explain using an example.

We have a building in our riding, 145 St. George. It is a 12-storey building. It is a building with many seniors in it. I’ve canvassed and talked to residents many times in that building. It’s an older building. I think it was built in the 1960s, maybe the 1970s. Many people in that building have lived there for 20-plus years. The entire building is rent-controlled because it was built before 2018. That means there are tenants in there paying between $1,100 to $1,600 in rent, which is more affordable. A big developer came in and said, “We want to demolish this building and replace it with a condo. That’s our plan.” The city of Toronto has this bylaw, section 111, which says, “Hold on, developer. Renters deserve protections too. We’re going to assess whether you’re going to be allowed to build a condo or not, but at a minimum requirement, all the renters who live in that 12-storey building need to be able to move back into the condo once it is built and live in those units that are built, at the same rent as they were paying before.” Essentially, what that means is, the condo is larger, so there’s a percentage of units that are sold off because they’re condos and then there’s a percentage of units that the former tenants can live in. That’s how it works.

Interjection.

The developer gets the density bonus, and they get to make their profit. They bought the property knowing full well that that was a requirement and that renters permanently displaced from a neighbourhood that they’ve lived in for 20 years will continue to pay the affordable rents that they are accustomed to and that they can afford.

If you’re a senior on a fixed income, it is very difficult being evicted in this housing market and being forced to pay upwards of $2,300 to $3,200 for a new market apartment. You just can’t do it.

So that’s how the measure works. And the power of this measure is that it ensures that the thousands and thousands of tenants across Toronto and Ontario who live in purpose-built rentals are protected from developers and investors that want to turn that purpose-built rental into condos. That is the purpose of that bylaw. It is extremely important. And I was very concerned to see this government’s decision to give themselves control and override and change municipalities that have introduced this bylaw to protect tenants in private-market affordable apartments.

Interjection.

1408 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 3:50:00 p.m.
  • Re: Bill 23 

Yes. It is something that I’m sure the corporate real estate lobby and the big development sector has been advocating for, for a long time, and it seems like they got it in this bill.

I am already hearing from housing advocates and tenant advocates that this is a very concerning measure. Carolyn Whitzman, who is a housing expert, who is a long-time researcher at the CMHC, said that this could have a disastrous impact on net affordable housing. Canadians lost 15 homes renting at $750 or less for every one new affordable home created at that price point between 2011 and 2016, and most of this net loss was due to demolition and renovation of residential rental properties. So these affordable private-market apartments are in these purpose-built rentals. I see no value in increasing housing supply at the expense of the affordable homes that we already have, and this bylaw will do exactly that. I’m very concerned about it. I strongly urge you to remove that schedule from the bill. There’s no other way to describe it; it’s extremely concerning.

The next thing that I want to raise is changes to conservation authorities. We are getting some feedback on this. I just want to summarize: The role of conservation authorities is to work with municipalities and the province to try and make sure that we protect the wetlands, the precious green space that we have, and also to make sure that homes aren’t going to be swept away in a flood or fall over the Scarborough Bluffs. It’s a way to ensure that homes aren’t built on a flood plain.

This has become even more crucial because we are facing a climate crisis with an increasing number of extreme weather events that are increasing in frequency and strength. We just saw this with the hurricane that swept from Florida to Atlantic Canada. It has gotten so bad. I mean, every day there’s new disturbing news about the impact of the climate crisis. It’s our new horrible reality for today. But even just this week, the Insurance Bureau of Canada put out a press release stating the urgent need for the housing industry and governments to more openly consider and disclose natural hazard and climate risk “because of the increasing frequency and severity of natural disasters.” The reason why I’m bringing up that quote is that the insurance industry is essentially telling you that conservation authorities have a really important job. Their job is to make sure that homes and developments are not built on flood plains. Their job is to ensure that we build in a sustainable way and that we protect our natural green space and our natural environment. It’s extremely important.

When I read this bill and I read statements about what this bill means, it seems that the government is giving itself more power to review and change any conditions that a conservation authority might place on a new building permit. That’s a lot of power. That’s concerning.

It is also concerning to hear that the ministry is looking at asking conservation authorities to evaluate their lands to identify areas of development, possibly with the goal of building more development on green space, natural habitat and areas that we should be protecting because they’re on a flood plain or they’re critical to natural wildlife. That is very concerning, and we are looking more into this and getting feedback from stakeholders.

I want to move on. The other measure that we are getting some feedback on is around the zoning reform pieces in this bill. This is mainly referring to the changes to schedule 9, which is the Planning Act. I want to be clear: During the election, we called very clearly for an ending to exclusionary zoning to allow more missing-middle housing—the duplexes, the triplexes, the townhomes in existing neighbourhoods—as well as higher density and transit. And there’s a good reason why: If we build in areas that are already zoned for development, then we get to protect farmland, which we’re losing at a very rapid rate, and our natural green spaces. It is a sustainable way to build more homes and more affordable homes for current and future Ontarians.

There are changes to the zoning laws to allow three homes on one lot: three in a primary building, or two in the primary building and one in a laneway suite, provided the square footage of the property essentially remains the same. And the changes would apply across the board to any urban residential area that has sewage and water services, so we’re not saying yes to new developments on areas that rely on septic tanks that don’t have the infrastructure necessary to enable a huge increase or a big increase in population.

Changing zoning laws to allow more homes in existing neighbourhoods is a good move. This is a step towards ending exclusionary zoning, and there are a lot of benefits to it. That’s one of the measures in this bill that we look at and we say, “Okay, this is interesting. There are some benefits to this.”

We are actually hearing from some stakeholders to move further, to look at expanding missing middle to allow for increased height, as well as stakeholders that are very interested in measures this government is interested in doing to enshrine affordability requirements in any missing-middle changes. I’ll explain that in a little more detail.

I want to quote an individual called Cherise Burda, who wrote a very interesting op-ed today about the need to increase density, allow for missing-middle housing—the need to ensure that there are affordability principles enshrined in that so that we’re not just building more homes; we’re also ensuring some of these homes that we’re building are also affordable. It’s a really interesting area of research that I’m following very closely.

Here is her op-ed—I want to clarify: It’s Karen Chapple from U of T School of Cities and Cherise Burda from TMU. They write:

“Most Ontarians know that we are in a housing affordability crisis, but the province is reframing this as a housing supply crisis to justify construction wherever developers want to build.”

She digs into the need to make sure that the housing that we do build also meets affordability requirements as well.

They write: “To that end, we laud one of the province’s proposed tools: Eliminating exclusionary zoning across municipalities to build missing-middle housing in existing neighbourhoods. Early evidence, however, suggests that ‘missing middle’ homes are being delivered at market rate costs, even pushing up land values and making these neighbourhoods more exclusive. Policy, programs and funding from all levels of government should focus on creating affordable and equitable missing-middle homes.”

That is a really interesting analysis. They’re looking at what is happening across California and the west coast, as well as Oregon, about the impact of the missing middle on affordability and how many more affordable missing-middle homes we can get around increasing density. I encourage this government to look into this, to meet with these stakeholders to make sure we don’t miss out on this opportunity where we build more non-market homes but we also build more affordable homes at the same time.

The second piece that I would very much like to see in this bill, when we are talking about moving forward with ending exclusionary zoning, is the need to ensure that renters are protected when homes are renovated. That gets back to this very issue of renters and how we can do everything possible to not force a renter to be evicted and to move into a more expensive apartment and to keep as many affordable units as we can. I encourage this government to look into some of the measures that other municipalities are moving forward on as well as what stakeholders such as ACORN are advocating for, which is to provide stronger protections for renters who need to be moved out of a home because it is undergoing a renovation of some kind.

Right now, let’s say a single-family home is going to be turned into a duplex. The Residential Tenancies Act, in theory, ensures that a renter has a right to return. So once the renovation is done, the renter can then move back into that home with the same square footage and at the same rent. That is their right to return.

The challenge is that the enforcement components of the Residential Tenancies Act are not strong. We have renters in University–Rosedale who have been evicted from their purpose-built rentals because the property manager wants to renovate, and two, three years later they’re still waiting to move back into their units, even though, when they walk by the purpose-built rental, they see moving trucks with people’s belongings parked outside and students and young people moving in. So they know these units are being filled, but the property manager is not giving them the right to move into the units even though they’re supposed to under the Residential Tenancies Act. That is a concern. There needs to be better enforcement.

When we’re looking at zoning reform—and this bill does move forward on that—I encourage this government to also look at how we can enshrine the creation of affordable housing units into the missing middle and how we can ensure that renters don’t suffer as a result of these changes to density. Their homes need to be protected as well. And there are examples of where that is being done, and I look forward to communicating with you in committee about how this could be a valuable change.

The next thing I want to address—and I’m not going to get to all of the bill; it’s too comprehensive, so I’m pulling out some of the biggest highlights that I’m hearing from stakeholders and that we saw ourselves. The next change that we noticed, and it’s significant, is around the Development Charges Act. That’s schedule 3. There are a lot of changes here. I’m going to summarize them. One is that there will be development charge exemptions for secondary units that are built into a home as well as the third unit that is built into a home. There are some benefits to doing that. There’s also a development charge discount for rental housing, and how this is spelled out is: There will be a development charge discount of a 15% reduction for one-bedroom units for purpose-built rentals, a 20% reduction for units where there’s a two-bedroom unit and a 25% reduction if there’s a three-bedroom unit.

I should go back for a minute. Development charges pay for all the services that the new residents will need when they move into that building: the sewage, the water, the transit, the daycares, the parks—all these necessary services. The development fees don’t cover all the costs of that. They only cover a portion of the capital costs. But they cover a lot of it, and then the city also contributes, and then there are operating costs as well that overwhelmingly the city contributes.

The challenge with the rental housing piece and the discounts to the development charges to the rental housing piece—I can see the logic; you want to make sure the development sector is building these bigger, more family-friendly units. But one of the issues that I’m concerned about here is that the rental housing that will be created is not affordable. So you can have a situation where you’ve got a three-bedroom unit—in my riding, they rent for about $3,000 or more a month. Maybe it will be a 1,000 to 1,100 square feet, because they’re really good at creating good design to get those three bedrooms in a small square footage, but it will cost $3,000. Why would we want to give a developer, who is not building rent-controlled units, that are priced at $3,000 a month, a discount on development charges? That seems like a concern to me. So we’ve got some red flags there.

Another piece where we have red flags is around the provincial government’s decision to change the definition of “affordability”—

2111 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 4:00:00 p.m.
  • Re: Bill 23 

I know, right? I started reading this at 5 a.m.

So the definition of “affordability”—this is the definition that they’re looking at proposing: A unit is affordable—which means it would get a reduction in development charges—if it is 80% of market rent or 80% of the purchase price of the average area, and those definitions of affordability will be set by the Ministry of Municipal Affairs and Housing.

There are a few concerns that we’re already hearing about. One is that having developers get a development charge exemption—which is what you’re proposing—by only having an affordable unit for 25 years seems very generous to developers. And to give you an example, in the city of Toronto we just passed an inclusionary zoning law—which the Ontario government is sabotaging—which would require developers to get a development charge discount if the affordable housing units were for 99 years.

There is a move here that I’m seeing with this change to affordable housing where they’re affordable for less period of time and the definition of affordability is linked to market rents, as opposed to what a renter can afford—so based on income—and the discount of fees that developers get has gone from a little bit to completely.

There is a benefit in having lower development fees for affordable housing units, but we have a lot of concerns around this decision to change the definition of affordability. We’re exploring that a little bit more and we’ve got a lot of concerns.

The other piece that we have concerns with when we’re talking about development charges is, how does this impact municipalities? The reason why I say this is because municipalities across Ontario rely on development fees to fund the services that current and future residents use. We’re talking garbage pickup, parks, child care, schools, constructing affordable housing, transit and sewage. When there is a reduction on development fees—some of them are good if it’s for non-market housing, non-profit housing, deeply affordable housing—it means that municipalities are in the hole. And it’s a significant hole.

In the case of Toronto, Toronto has an $800-million funding shortfall. That’s the shortfall that they’re facing right now. We just got a report here. This is the budget that the new city council is going to be debating. They have a deficit of $857 million. What is challenging is that they’re already having to make cuts. The city of Toronto is going to make cuts of $300 million to planned maintenance and repair projects because they don’t have enough money. The provincial and the federal governments have said that they don’t want to pay.

Then we also have the case where interest rates are going up. That means that the ability to access money and pay back money is going to become tougher and tougher and tougher. Matt Elliott, this reporter here, explains it. He says, “As inflation hammers the global economy, interest rates on new city debt have been going up fast. City hall was getting 30-year interest rates as low as 2.4% in 2020. Toronto’s latest 30-year debt issue carried an interest rate of 4.4%.”

So we’ve got this challenge now with this bill where the government has said, “We need affordable housing, we need to reduce development charges to incentivize more affordable housing, but we’re not going to cover the shortfall. We’re going to make municipalities just deal with it”—at a time when we have an inflationary crisis, we have budget shortfalls and we have interest rate hikes, which make these fees, or the ability to borrow, higher and higher and higher.

That is very concerning, that there is not a commitment from the provincial government to help out with this development fee shortfall so that we get the affordable housing but we also have the transit and the services and the child care and the parks and the sewage infrastructure and the electricity infrastructure that is necessary to house current and future residents. That is a big concern.

It’s a concern that AMO shares. They issued a press release—wow, they were quick. They introduced it at 5:51 last night, so maybe they got a heads-up this bill was coming. Who knows? They say, “Municipalities will welcome some of the proposed changes”—like I said, it’s a mixed bag—but are “very concerned about others, such as changes to the Development Charges Act. We will work with the government on the ideas that have the potential to make housing more affordable, and we will oppose changes that undermine good economic and environmental policy.” So they’ve got some concerns about how they’re going to balance their budgets and provide services to residents given that this bill guts their ability to access development fee charges. That’s the concern, and I’m not seeing this government come up with economically wise solutions to that. That’s a concern.

The next piece—like I said, this is a big bill—is schedule 5. Schedule 5 is called the New Home Construction Licensing Act. We heard a lot about this issue in the media because, across Ontario, people are buying homes that, in some cases, are shoddily built. The developer does not build the home to the standard that the homeowner expects: There’s mold, there are leaks, and then the homeowner has to pay the bill because the regulatory authorities are not strong enough at holding developers to account.

We’re also seeing this disturbing trend where homeowners will buy a home pre-construction. They’ll put down the deposit in the hope of getting access to this home, of buying their home and moving into it within two or three years once the home is built. Their dreams, their hopes are all tied up in this; as well their money is all tied up in this future prospect of living in a home. What we have seen as housing prices have risen, changed, and risen again and changed is that developers have turned around, often for no good reason, and said, “Actually, I know we said that we would let you buy this home for $600,000, but we took another look and we think that you’re going to have to pay $800,000 for that home, and if you don’t like it, too bad, so sad. We’ll give you your deposit back and we’ll just cancel the contract.” Then they turn around and sell it to someone else at a higher bid. That is really unethical. If developers sign a contract with a potential home buyer, that contract should be upheld by the Ontario government in a court of law, and the developer has a responsibility to honour that contract.

We have seen the Premier talk a good talk about how he’s going to slap developers on the wrist and fine them and ensure they have consequences if they do the wrong thing, but we have seen very little action—close to none—to ensure that developers build the homes that they say they’re going to build at the price that they committed to in the contract. It’s a huge concern.

In this schedule, the New Home Construction Licensing Act, there has been a decision to increase the maximum fines for developers that break contracts with first-time home buyers, with home buyers who are looking at moving into these homes. That is a good thing. There is also a broader range of actions the developer can be fined on, which is good. They’ve expanded the powers and the number of things that can be fined—good. It gives the minister the power to decide how much of a fine goes to the home owner. This is a bit confusing to me, because Minister Clark says one thing—that he’ll give it to the home owner—but when I actually read the schedule it says something else. I’m trying to get some more information there. It could be good, could be—I don’t know.

The big thing that we’re not seeing and what we’re hearing from stakeholders, such as Canadians for Properly Built Homes, is that there’s no commitment to actually enforce the laws on the books and ensure that developers are actually held to account. Doubling the fines, good, but it’s not worth anything unless you’re actually going to fine developers that aren’t doing the right thing. That’s what people are calling for and that’s what this government needs to do.

As Karen from Canadians For Properly Built Homes tweeted, “Please show us evidence, any evidence, that you’re ‘cracking down on unethical developers.’ There’s no disciplinary action on the website of your regulator, @hcraontario.” That’s what they’re looking for: They’re looking for enforcement. Let’s see if the government moves through on that.

There are other measures in this bill that we are talking to stakeholders about that could have a significant impact. One is changes to the Ontario Heritage Act, schedule 6. Schedule 25.2 gives the minister the power to override any heritage designation on any provincial property or any public property. That’s a lot of power. I welcome feedback from residents and municipalities on these proposed changes because they seem pretty significant.

Interjection.

1602 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 4:10:00 p.m.
  • Re: Bill 23 

No, that’s fine. I welcome heckling from this side.

There are also changes in schedule 7 to the Ontario Land Tribunal Act. This government has moved forward with legislation to change the appeal body. It used to be called the OMB, then it got called the LPAT, and now it’s called the land tribunal. Time and time and time again, the changes have always gone in one direction, and that is to make it harder for municipalities and residents to have a say in land tribunal decisions and much easier for developers to override official plans, rules, in order to get a development built.

There are two schedules here that we are looking into to get more information on and that we also have some concerns about. One gives the adjudicator of the land tribunal the right to dismiss a hearing if there’s undue delay, so we interpret that to mean that even if a third party has a valid claim, it could still be dismissed. The second thing is schedule 20, which gives the adjudicator the power to make an unsuccessful party pay costs. That has some concerns as well, and the reason why is that there are cases that go to the land tribunal that benefit affordable housing and that help with housing supply in a way—for affordability purposes.

The example that comes to mind, for me, is the city’s short-term rental rules in Toronto. The city, after years of consultation, developed short-term rental rules that would ban short-term rentals and investment properties. You can only do short-term rentals on your own property. But you couldn’t just buy up a house, kick out all the long-term tenants, and make it a short-term rental property—which continues to happen in the city of Toronto, because there’s no enforcement—so short-term rental providers took that to the land tribunal, or the OMB, to contest it. It got held up at the land tribunal for years, until eventually it got overridden or it got rejected and the city of Toronto was able to move forward with its short-term rental rules.

I wouldn’t want a situation where Fairbnb and the federation of metro tenants is fined because they’re making a genuine claim to the land tribunal about a short-term rental law that is turning long-term rental units into short-term investment properties. So that’s a concern.

The same thing is happening in Ottawa right now. Ottawa’s short-term rental rules to clamp down on investor-led short-term hotels and increase long-term rental units are being held up at the land tribunal.

We are calling for land tribunal reform, but we need to make sure that municipalities and residents have a say and that the land tribunal is a force for good, meaning that it benefits the public interest and it really addresses the issues of affordability—because sometimes it doesn’t.

So that’s where we’re at on that.

I have three minutes to go, so I’m just going to conclude with what we are calling for.

We want to see this government move forward with a comprehensive housing affordability plan that looks at building new homes as well as building more affordable homes and more supportive housing. That is key. This bill moves forward with building more homes, but I’m not seeing a lot of evidence here that we are going to see a net increase in the number of affordable homes that exist in Ontario. And I’m very concerned about the decision to get rid of protections that would allow for purpose-built rentals to be turned into condos and tenants to not be able to move back into their affordable rent-controlled units. That is very concerning.

What we also want to see from this government is a commitment to move forward with better protections for renters, so that the million-plus renters in Ontario can have an affordable and safe home that they can live in and can commit to a community in.

We absolutely need to clamp down on investor-led speculation. It’s absolutely critical. Increasing the non-resident speculation tax from 20% to 25% is a step in the right direction. I’m never going to criticize that; it’s a good thing. But we need to augment that with measures that really focus on domestic speculation as well. A vacant home tax and an annual speculation tax are measures that have worked effectively in other provinces, and I ask this government to really look into implementing those kinds of changes in this province as well.

I believe that’s all I have time for for now. If there are stakeholders, residents, community groups, experts who want to give us feedback, I encourage you to do that. This bill will be going to committee I hope, and I encourage you to sign up to speak to committee as well so that we can ensure this sweeping housing bill is as good as it can be.

857 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 4:20:00 p.m.
  • Re: Bill 23 

Thank you very much. I’m pleased that you raised the issue of development charges. The reason why I’ve discussed development charges is because development charges go to paying for the necessary services that current and new residents use. It’s not an abstract fee. It goes to pay for sewage, water, electricity, transit, child care, roads, parks, and it doesn’t cover the whole. It covers some of the capital costs, and then municipalities need to step up and provide that additional fee, and then the operating costs are almost exclusively covered by municipalities.

My issue is, if we are looking at reducing development fees for non-market housing, for deeply affordable housing, okay, but how are municipalities going to cover that gap? Is the province going to step in and cover that gap? Because that’s a very real issue when municipalities are budget-strapped all across Ontario. It’s a question for you.

We are also in support of increasing density near transit stations. It makes a lot of sense. It’s a sustainable thing to do. It provides more options for people. So thank you for raising that, as well.

We are already seeing an increase in applications from developers that are choosing to look at purpose-built rentals that already have good heights—12, 14 or even more storeys—and saying, “Do you know what? It is cost-effective for us to demolish that building and then build even taller.” The challenge is, what happens to those renters that are evicted? What happens to them and their affordable units? We need to make sure that we keep those affordable units.

276 words
  • Hear!
  • Rabble!
  • star_border
  • Oct/26/22 4:30:00 p.m.
  • Re: Bill 23 

I’m so pleased you raised that question. I’ve spoken to your former planner in the Waterloo region about what Waterloo is doing right to plan, and they’ve moved forward with really sensible regulation to encourage the construction of homes for students, because that is a real need, and also for baby boomers that want to downsize into smaller units but don’t really want to move into a retirement home and are certainly not ready for a long-term-care home. There’s been a lot of thought there—as well as increasing density along transit zones. There’s a lot of sensible development happening in the Waterloo region.

We certainly need new student housing. Enabling three units within a property will help that. It’s something that we support, and we also need to augment that with better protections for students. What we see with the Residential Tenancies Act is that a lot of student housing is exempt from rent control and Residential Tenancies Act protections. There’s a real need to expand it to ensure that students have the same kind of protections as older people, people who—

193 words
  • Hear!
  • Rabble!
  • star_border