City of Brampton May 29,…

City of Brampton

May 29, 2019

The Honourable Doug Ford
Premier of Ontario
Legislative Building
Queen's Park
Toronto ON M7A 1A1

The Honourable Steve Clark
Minister of Municipal Affairs and Housing
17th Floor, 777 Bay St.
Toronto ON M5G 2E5

Re: Bill 108, More Homes, More Choice Act, 2019

Dear Premier Ford and Minister Clark:

The City of Brampton appreciates the opportunity to provide comments on Bill 108, More Homes, More Choice Act, 2019. The City supports the need for greater housing affordability in Ontario, and is currently developing its first affordable housing strategy, Housing Brampton, to improve housing choices and affordability for all our residents.

Our initial review and analysis of Bill 108, which unfortunately was introduced following very little consultation with municipalities, suggests that the proposed changes within the legislation are unlikely to achieve its intended outcomes. For example, there is no evidence to suggest development charges (DCs) or parkland dedication requirements have an impact on the price of new housing. At the same, a glaring omission in the legislation is any means by which the savings from Bill 108 to developers would be passed along to prospective homebuyers.

Although the lack of consultation with municipalities prior to the introduction of Bill
108 is disappointing, my most pressing concern is that the 30-day commenting period respecting the ERO postings is simply inadequate. Bill 108 proposes significant changes for land use planning related decision-making processes and reductions in the collection of DCs. We require additional time to analyze and understand the full impact, and to consult with our residents, who will ultimately be directly affected by many of the proposed changes.

Brampton City Council is formally requesting an extension to the consultation period, and that the Province conduct meaningful consultation with municipalities and other stakeholders prior to the Legislation receiving Royal Assent, which I understand is scheduled for as early as June 4, 2019.
In the meantime, included with this letter is the City of Brampton’s detailed report as well as our consolidated recommendations and amendments to Bill 108.

The City’s The City is interested in continuing to engage with the Province as it moves forward to ensure that available housing within GTA and across the Province is affordable.

Sincerely,
Patrick Brown
Mayor

City of Brampton Recommendations/Comments:

Ontario Heritage Act
Bill 108 - (Schedule 11) – the proposed More Homes, More Choice Act: Amendments to the Ontario Heritage Act (ERO 019-0021)

City Recommendations:
1. That amendments to the Ontario Heritage Act not come into force until municipalities and other stakeholders have been consulted regarding all related regulations, and these regulations have been finalized following consultation.
2. That municipalities retain the authority to adopt policies to conserve local cultural heritage resources, based on their cultural heritage context.
3. That municipalities be required to consider the prescribed principles when making relevant decisions, rather than be bound by them.
4. That the Province consult with municipalities and heritage professionals regarding the content of any regulations in this regard.
5. That the decision of a municipality to keep a property listed on the Register be final.
6. That if the proposal to allow an objection against listing is maintained, that property owners be given 30 days to object to the notice of listing on the register following receipt of the notice proposed in 27(6).
7. That Section 33 (4) provide that notice to the applicant stating whether or not the application is complete must be served within the 60-day period referenced in Section 33 (7) 2.
8. That subsection 33(5) be amended to change the headings to "Notice of Incomplete Application" and to add the words “that the application is incomplete” after the words “notify the applicant” for clarification.
9. That subsection 34(4.1) be amended to add the words "that the application is incomplete" after the words "notify the applicant" for clarification.
10. That the Province remove any time limitations on when Notices of Intention to Designate can be issued.
11. That the Bill be amended to allow for the extension of time for the passing of the designation by-law beyond 120 days, as agreed upon by the owner and the council.
12. That the Province include a definition of ‘demolition’ and ‘removal’ that clearly defines how ‘demolition’ and ‘removal’ apply to heritage attributes and to cultural heritage resources as a whole.
13. That the appeal of decisions regarding designation and alterations continue to be made to the Conservation review Board (CRB), and that the CRB provide recommendations to be considered by municipal councils, which should retain the final decision-making authority on these matters.
14. That the scope of appeals for the designation of a property should remain limited to the consideration of the cultural heritage value/interest of the property in order to decide if it should be designated.
15. That in the event that the proposal that appeals be made to the LPAT is implemented, that the complement of LPAT include experienced professionals qualified to make judgements regarding heritage conservation, and that such professionals be assigned to hear any and all appeals regarding cultural heritage resources.
16. That the Province retain the 12-month period between applications to repeal a designation by-law or part thereof as currently stipulated in Section 32(23) of the Ontario Heritage Act.
17. That the Ontario Heritage Act be amended to provide clarity on the relationship between the heritage attributes of individual properties within a Heritage Conservation District and the heritage attributes of the Heritage Conservation District as a whole as it relates to alteration and demolition/removal.