Over the past 15 years, the…

Over the past 15 years, the Toronto Green Standard (TGS) has become a regional model for GDS across the Greater Toronto and Hamilton Area (GTHA). Since its launch in 2010, TGS has provided a clear, performance-based framework for reducing energy use and carbon emissions in new buildings. Its success has driven widespread adoption.

Municipalities across Ontario have been adopting GDS since 2020 using Toronto’s sustainable design requirements to reduce expenses for homeowners and the strain on local energy systems. These outcome-based standards are not prescriptive, and they do not conflict with the Ontario Build Code.

Today, all GTHA municipalities with a GDS have aligned energy and carbon performance targets with Toronto. Five cities are aligned with Toronto’s current requirements (TGS version 4), and eight others use the same metrics but with targets aligned to TGS version 3. This reflects municipal recognition of the need to move in a graduated fashion to enable local builders to adjust while working within a common framework.

Part of the rationale for creating GDS was to streamline the planning process. GDS consolidate pre- existing sustainability-related planning requirements into a single document with clear expectations. Far from creating greater divergence in planning processes, the harmonization of GDS in GTHA has created greater consistency. This is reflected in the pace of housing development. Toronto introduced the TGS in 2010, and in the past 15 years, Toronto has consistently led North America in the pace of housing development. Toronto remains on track to meet or exceed provincial housing targets.
Toronto updated to version 4 of the TGS in 2022. Since that time, according to the Canadian Home Builders' Association (CHBA), Toronto has reduced development approval timelines by 22%. Similarly, Pickering approved its first GDS in 2022 and has since reduced approval timelines by 16%. Brampton also updated its GDS in 2022 to harmonize more closely with other GTHA municipalities and has seen its approval timelines fall by 26%. In contrast, the City of Ottawa voted against adopting a GDS in 2022 and has seen approval timelines get 30% slower. Looking across all the Ontario municipalities benchmarked by the CHBA, all of the cities with a GDS have made progress in accelerating approval timelines, and all of the cities without a GDS have seen timelines get slower. The evidence is clear that GDS accelerate rather than slow housing development.

I am concerned that the proposed regulatory powers in Bill 17 would restrict municipalities to a one-size-fits-all provincially approved list of studies. If not carefully designed, these changes could undermine municipal ability to address matters of provincial interest as specified in Part I of the Planning Act. The Planning Act requires cities, in carrying out their responsibilities under the act, to have regard to the protection of ecological systems, conservation of energy and water, and mitigation of greenhouse gas emissions. Cities cannot exercise this duty if they do not have the flexibility to require appropriate studies as part of a complete planning application. Which studies are reasonably required varies both by the type and scale of the project as well as the local municipal context. Regulations related to Bill 17 must be in compliance with other powers and authorities granted to municipalities to avoid confusion and delays for future developments.

The province should regard municipalities’ responsibilities as outlined in the Planning Act and the Provincial Planning Statement. This includes but is not limited to the components of the Planning Act and Provincial Planning Statement below:
Planning Act Requirements for Municipalities
• The protection of ecological systems
• The protection of public health and safety
• The protection of the financial and economic well-being of the Province and its
municipalities
• The orderly development of safe and healthy communities
• The adequate provision and efficient use of ... sewage and water services and waste
management systems
• The minimization of waste
• The accessibility for persons with disabilities to all facilities
• The promotion of development that is designed to be sustainable
Provincial Planning Statement Requirements for Municipalities
• Improving accessibility for people of all ages and abilities by addressing land use barriers which restrict their full participation in society
• Protect, improve or restore vulnerable surface and ground water, and their hydrologic functions
• Promote green infrastructure, low impact development, and active transportation, protect the environment and improve air quality
• Planning authorities shall prepare for the impacts of a changing climate that may increase the risk associated with natural hazards
• Establishing and implementing minimum targets for the provision of housing that is affordable to low- and moderate-income households

Given the broad range of planning priorities cities are required to address in the planning process, caution is required in restricting the range of planning studies. The Province might instead consider restricting the scale of development at which such studies may be required. For example, the Province has identified sun/shadow and wind studies as types that might be restricted. Rather than prohibiting them outright, the regulation could restrict such studies to high- rise buildings where there is more potential for impacts on adjoining properties. This approach would preserve municipal ability to address their planning obligations while streamlining the planning process for low-and-mid-rise buildings.