SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
June 3, 2024 09:00AM
  • Jun/3/24 10:30:00 a.m.

I’m very pleased to be able to welcome today, from my constituency office in Ottawa, my executive assistant, Darren Tyrrell, and from my Queen’s Park office, my legislative assistant, Samantha Webber–Gallagher.

Thanks for all the work you do on behalf of Ottawa West–Nepean.

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I’m very pleased to be standing here today to debate Bill 185 at third reading.

I’d like to just give a little bit of a summary of how I’m going to use my hour today. I’m going to talk a little bit about what came up in committee. I’m going to go through the amendments that were introduced and discuss why we introduced them. I’m going to go through sections of the bill to identify some of the positive things in this bill, because there are some things in this bill that are positive. I’m going to read out some of the very strong submissions that we received from so many stakeholders across Ontario. And then I’m going to conclude with some of the solutions that we have been calling for that are not in this bill.

Whenever I look at a government bill, I look at it from a certain lens. I ask myself, is this bill and are these measures going to make housing more affordable for people to rent and own in Ontario? That’s the first way I look at this bill. The second way I look at it is, I ask myself, is this bill going to ensure that we have the good-quality public services we need in towns and cities across Ontario, so we can have a good quality of life? The third way I look at this bill is, I ask myself, is this bill going to build the wide mix and range of housing we need to address our housing supply and our housing affordability shortages, and is it being done in a sustainable and responsible way? Are we needlessly building on farmland and green space, or are we building in parts of Ontario where we can increase density, so that we can balance the many needs that we have and the many issues that we have in Ontario?

This is a popular bill. We got a lot of submissions. We had a lot of people who wanted to speak in committee. Unfortunately, we had to turn some people away. I think it is always unfortunate when not everyone who wants to speak to a bill is given the opportunity to do that—because especially when it comes to housing, these bills affect everyone in Ontario. If it takes us an extra day or two or a week to hear what people and organizations have to say, I think we should give them the time to do it.

Thank you to the many stakeholders who spoke and gave written submissions. I want to name a few: AMO, the Association of Municipalities of Ontario; BILD; Bonnefield; the Canadian Environmental Law Association; Canadians for Properly Built Homes; the city of Mississauga; the city of Toronto; CUPE Ontario; the Escarpment Corridor Alliance; the Federation of Citizens’ Associations of Ottawa; the Federation of Rental-housing Providers of Ontario; the Georgian Bay Association; Gravel Watch Ontario; the Greater Ottawa Home Builders’ Association; the Greenbelt Foundation; the Green Space Alliance; No Demovictions, which is a new group that is being started up in Ontario; the Ontario Association of Architects; the Ontario Federation of Agriculture; the Ontario Long Term Care Home Association; the Reform Gravel Mining Coalition; and many more.

People care about what is in this bill—many people did. I was very impressed by the intelligence and the thought and the care that were given to us in committee, as well as the written submissions that were given to us. I read many of them, and they were very thoughtful. So thank you for that. Much of the feedback that stakeholders gave us informed the amendments that we introduced in committee in order to fix this bill.

Like I said, there are some things in this bill that we like. It is clear that the government heard from municipalities that were pretty angry that their ability to raise revenue to pay for infrastructure was curtailed with Bill 23 and Bill 109—and that there were some improvements in this bill.

But then there are a whole lot of things that we would have liked to have seen in this bill that weren’t there, and then there are a whole bunch of things in this bill that I wish weren’t there at all.

I’m going to start off by going through some of the amendments. Our goal was to improve this bill. We had a few. We can’t help ourselves. We start off by saying we’ll just do a few, and then as time goes on we realize we have 20 or 30. So be patient with me.

The first amendment that we introduced was to the City of Toronto Act. It was a bill that would enshrine the right for municipalities to protect and compensate tenants and preserve the stock of available residential units in cases where a purpose-built rental is demolished and replaced with—almost always—a condo. You would think that this is a one-off issue, but unfortunately, it is concerningly becoming very common. We expect that the number of purpose-built rentals that are demolished will increase as we move to increased density in towns and cities. The reason why this is a problem is because when you’re looking at purpose-built rentals in our city, it’s the kind of housing stock that we need to preserve. We need to preserve it, and the reason is that we know we have a shortage of purpose-built rentals and almost overwhelmingly the number of affordable purpose-built rentals that exist in our city are in these big purpose-built rental buildings. These are rent-controlled buildings where the rent—if it’s a long-term tenant, they might be paying anything from $1,100 to $1,600, which is much more affordable than what you get in a new purpose-built rental that isn’t protected by rent control.

Unfortunately, with Bill 23, the Ontario government gave themselves the power—they must have listened to some people and not others—to step in and eliminate or reduce the power that municipalities have to protect tenants. People were terrified that that was going to happen.

The reason why we introduced this amendment is to say, “Municipalities need to have the power to protect the affordable rental housing stock we’ve got so that we can build and not gentrify at the same time, so that we can build and also help the tenants who already live in towns and cities in Ontario, including Toronto”—because we can do both.

It is a shame that the government chose to not move forward with this amendment, and I urge this government to seriously consider this issue. It is a big issue. Thousands of tenants are affected by this.

The second amendment that we introduced was to make changes to the Development Charges Act. The government has rolled back some of the worst elements of Bill 23 and Bill 109. They’ve turned around and said, “Municipalities do need the power to require developers to pay their fair share for new infrastructure that is needed when people move into an area.”

We asked the government to listen to what AMO was saying and many advocates were saying and to require developers, when they’re building new units, to also pay for the necessary affordable housing and shelter that is needed in towns and cities, as well. It’s called housing services. The reason this is so important is that, with Bill 23, municipalities were banned from collecting development fees to be used for affordable housing and homelessness at a time when we have, I would say, the worst homelessness crisis that we’ve had in Ontario for decades.

The city of Toronto outlined this in their submission, and AMO also recommended that this right be reinstated. They did some calculations for us, and they calculated that municipalities are on track to be out of pocket $2 billion—$2 billion of money that should be going to maintain affordable housing and for shelters, both temporary and permanent. That affects 47,000 units. So why on earth would the government want to make it even harder for municipalities to address the homelessness problem and the affordable housing problem we have in municipalities? I don’t know. We introduced this amendment to restore the right that municipalities have to collect that fee, and the government voted that down, which I think is a problem.

We also introduced these amendments to a section of the act that dealt with the decision to reverse one of the most politically motivated and most unusual bills I’ve seen in a while, which is to, without any notice or consultation at all, get rid of the Peel regional government, which is really quite draconian. In this bill, they’ve made a decision to reverse that, so they’re going with the Peel dissolution act—dissolutioning the Hazel McCallion Act, 2023, schedule 7. Overall, the decision to repeal the Hazel McCallion Act makes a lot of sense. No one asked for the region of Peel to be eliminated, and it was projected to have a significant impact on the quality of services that the residents of Caledon and Peel and Mississauga would be provided with. We had a lot of concerns about that, and we are pleased to see a reversal—a partial reversal. We did introduce some amendments to shine some light and bring some transparency to that process, and the reason why is because the transition committee that is responsible for looking at how the services were going to be divvied up in these three regions gave Peel region a bill of $4 million. This is work that the Ontario government directed them to do, and then this transition committee turned around and said, “Actually, it’s not the Ontario government that is going to pay this bill. It’s going to be Peel region and Peel taxpayers who are going to pay this bill.” Obviously, that’s just downright crazy. So, in our amendment, we said that what we want to see is some transparency. We want to see this government provide an assessment of the financial impact of its recommendations and to make the financial impact public so people knew how much this transition and this reversal of this transition and then this partial movement forward is actually going to cost. The government rejected that, which I think is unfortunate.

The second amendment we introduced is to say that the province is asking for this work to be done—this transition. They’re appointing the board. They’re controlling the process. That means the provincial government should actually pay for the costs of this transition board, and not the taxpayers of Peel. We introduced that amendment, as well, and the government voted that down.

This was an interesting one. The government, in a last-minute flurry, made some additional changes to the lands tribunal. The lands tribunal, the Ontario Municipal Board, the Local Planning Appeal Tribunal—it’s a beast that has known many different names, but now it’s called the lands tribunal. The lands tribunal is one of the most powerful tribunals Ontario has ever seen, and it has been changed and altered and manipulated more times than I can remember. Every time there is a bill, there are some changes to the lands tribunal.

I thought the changes that were in Bill 185 that affect the lands tribunal were particularly concerning. In the bill, the government said, “From now on, we’re no longer going to allow third-party appeals to the lands tribunal,” which means that if a citizens’ group has some concerns about a quarry or a dump and the decision has been made by the municipality, that individual is no longer able to go to the lands tribunal to say, “We need a sober second thought. We need an adjudicator to look at this decision carefully.” It is an issue that I think has become very politicized.

Many organizations wrote to us about the need to continue to allow third-party appeals at the lands tribunal, including the Canadian Environmental Law Association. The reason why they recommended that third-party appeals be allowed is because they’ve represented many citizens who have been concerned about the environmental impact of developments, quarries, dumps in the area. They’ve taken it to the land tribunal to say, “We also need to factor in how this is going to affect water quality, soil health, planning.” So they were very clear. They wanted to make sure that third-party appeals were retained. They also brought an interesting point forward in their submission. They said this is also important because it’s about access to justice: “Land use planning decisions often disproportionately impact low-income, underserved and under-resourced communities, and have direct adverse impacts on the environment and the health and safety of the public.” So in order to ensure that we are making equitable planning decisions, there is a benefit in allowing third-party appeals.

We hear a lot from this government that the lands tribunal is becoming politicized, and people are saying no to developments and they’re taking it to the lands tribunal. That does happen, but the lands tribunal, as it’s currently structured right now—adjudicators already have the authority to throw out frivolous appeals. They already have the authority to throw out appeals that have limited chance of success. So when we’re talking about slowing necessary development down, the lands tribunal already has the powers it needs to have to make sure that process is not abused.

What I found concerning about the government’s amendment in committee is—they must have been lobbied real hard by some folks, because the government said, “We’re going to keep the third-party appeal ban, but we’re going to allow some groups to appeal”—not everyone else, but some groups. Airports—that’s legit. Big industry are allowed to appeal. Big manufacturing facilities are allowed to appeal. And developers are allowed to appeal. I have some concerns with this because it seems like the lands tribunal is being manipulated to suit the government’s own agenda. There are over 14 million people in Ontario today. The vast majority of them are no longer allowed to appeal to the lands tribunal. But some select entities that must have lobbied you really hard in the last few weeks—at the last minute, you introduced an amendment to allow them to appeal. I think that’s very concerning, and I don’t think that’s how the lands tribunal should operate. I don’t think the appeals process should be open to some but not open to everybody else. I’ve got a lot of concerns about that.

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