Please find below the City…

Please find below the City of Hamilton's formal comments on Proposed Amendment to Ontario Regulation 299/19 ADDITIONAL RESIDENTIAL UNITS, made under the Planning Act.
NOTE: PLEASE SEE THE ATTACHED FILE FOR THE CITY'S FULL COMMENTS.

October 22, 2024

Ministry of Municipal Affairs and Housing
777 Bay Street
Toronto, ON M7A 2J3

Re: Proposed Amendment to Ontario Regulation 299/19 ADDITIONAL RESIDENTIAL UNITS, made under the Planning Act

To Whom it May Concern,

On behalf of the City of Hamilton, I am pleased to provide this letter as the submission regarding proposed amendments to Ontario Regulation 299/19 Additional Residential Units.

The City supports the general intent of the Province to streamline processes to assist in increasing the supply of housing and meeting the Province’s goal of building 1.5 million homes. The City has demonstrated its commitment to meeting these targets through the Housing Pledge signed in March 2023, the City meeting 2023 new building targets, and implementing policy and regulatory changes to provide more flexibility for infill and intensification options. Most recently, in April 2024, Council approved the introduction of as-of-right triplex and fourplex dwelling permissions to Hamilton’s Low Density Residential Zones in the City-wide Zoning By-law.

The Provincial Government’s important role in planning has been to establish and implement a policy led planning framework with a deliberate focus on balancing various competing objectives when making planning decisions. Legislative changes of late, and now the Proposed Amendment to Ontario Regulation 299/19 Additional Residential Units represent a significant departure from this policy led planning framework.

The City of Hamilton has been a leader in the advancement of Additional Residential Unit permissions and is committed to this form of development in achieving the City’s housing goals. While staff are in support of the promotion of Additional Residential Units as an important means to meeting the City’s Housing Pledge, mandating specific performance standards may interfere with the City’s ability to maintain a supportive regulatory framework for Additional Residential Units.

The City previously commented on the proposal to grant the Minister with the authority to make regulations establishing requirements and standards for Additional Residential Units through the City’s submission on Bill 185, Cutting Red Tape to Build More Homes Act, 2024. The City expressed opposition stating that mandating specific development regulations cannot consider appropriate integration into existing communities.

Expanding on these earlier comments, the City continues to oppose the introduction of province-wide performance standards for Additional Residential Units that are unable to address context specific conditions. A one size fits all approach to all municipalities in Ontario does not represent good planning. In Hamilton, the set of performance standards regulating Additional Residential Units and Detached Additional Residential units were introduced after comprehensive evaluation and consultation. Through the ongoing monitoring of minor variance and building permit activity, the regulations have been periodically updated to improve implementation and respond to local conditions. It is unclear how the Province will monitor the performance standards to ensure the regulations are having the intended effect or respond to any individual municipal matters that are raised through on the ground monitoring of the regulations.

The City recommends that the Province’s authority be directed to further supporting a municipalities’ implementation of Additional Dwelling Unit policies and regulations by preparing guidelines for Additional Dwelling Units, stock building plans that may reduce approval timelines, and financial measures to assist their development. Regulations to implement conditional zoning would also provide additional resources for municipalities to incorporate greater flexibility for all residential land uses.

Attached to this letter is the City’s responses to each of the proposed performance standards contained in Proposed Amendment to Ontario Regulation 299/19 Additional Residential Units. Following the submission of comments on the Environmental Registry of Ontario posting, City staff will be taking a report to Planning Committee on November 19, 2024, and to Council on November 27, 2024, outlining our submission. Council’s position will be forwarded to the province once it has been ratified.

Thank you for the opportunity to comment. City staff would be pleased to meet with you to discuss these comments in greater detail.

Sincerely,

Anita Fabac
Acting Director, Planning and Chief Planner
Planning Division
Planning and Economic Development Department
City of Hamilton