Toronto Community Benefits…

Toronto Community Benefits Network Submission - Bill 108 and 138

The TCBN is a community-labour coalition with over 120 member organizations and groups from community, labour and social enterprise. The network has centred itself at the forefront of the economic justice movement in Canada by negotiating Community Benefits Agreements (CBA) into public infrastructure and urban development projects. In so doing, TCBN is addressing the challenges of access to good jobs, local economic development and
neighbourhood revitalization particularly as they impact on historically disadvantaged communities and equity seeking groups in Toronto.

A Community Benefit Agreement (CBA) is a tool that is used to bring community, labour, government and the private sector to the table to develop, resource and implement a community benefits and social development strategy to ensure economic inclusion and equitable growth.

In 2018, the City of Toronto signed its first ever CBA for the Woodbine Casino expansion project, led by the advocacy of community members, community groups and organizations in Rexdale. The agreement highlights the importance of community engagement, early in the planning process. It also demonstrates the importance for municipalities to be flexible in responding to local interests/needs and fund core municipal services, community facilities and benefits (financial and in-kind) to offset the development impacts.

Some of the achievements of the Woodbine CBA (Phase 1) include:

Local economic development: Local/social hiring, apprenticeships hiring
Social procurement: Procurement opportunities for local businesses and social enterprise
Neighbourhood and Environmental Improvements: $5M capital for child care centre, community access to facilities for community/cultural events, hospitality training centre

Ensure continued and meaningful community engagement in the city-building process

Over the past few years, TCBN has worked in strong collaboration with local residents to identify community benefit needs and priorities early in the planning process. This approach, that encapsulates the process with the municipality and developers may create oversights in terms of the kinds of community benefits that are negotiated however developments have progressed with little to no pushback from the local community.

Through the community benefits approach that we champion at TCBN, we have been able to work with developer partners to determine the best use of lands adjacent to or in close proximity. Some examples of these projects include:

Eglinton Crosstown LRT - preserve Kodak Building for community use
Woodbine Casino expansion - As listed above
Finch West LRT - Maintenance and Storage Facility land as potential site for Community Hub

These considerations would not be possible if decisions about community benefits were not made with the community and the community in mind. The fact that developers and decision makers are willing to go outside of scope at times to incorporate the concerns of community groups and stakeholders, demonstrates how working with the community early on in the planning process to shape land use and local community benefits can streamline development and reduce red tape.

We are concerned that this bill proposes a reduction in the time municipalities have to review, assess and decide on new development applications. The City should be given ample time to evaluate all development applications and to do due diligence which includes meaningful community consultation.

Recommendation: Allow municipalities the appropriate time to evaluate all development applications and to do due diligence which includes meaningful community consultation. We propose that timelines for municipalities to review, assess, consult and decide on applications should be kept as is.

Potential impacts and unintended consequences

Many community members across the City face barriers (i.e. time of day, location, accessibility) to participating in consultations on key municipal decisions. From our experience, Toronto’s most vulnerable community members whose voices should be centered, often have been neglected in the process. Bill 108 and Bill 138 provides an opportunity to correct this and ensure meaningful consultation with our most vulnerable community members.

Currently, municipalities have until January 1st, 2021 to adopt a new by-law. This is concerning as the Province should allow adequate time for municipalities to consult with the community before a new by-law is adopted. This can mitigate potential unintended consequences and impacts especially on historically disadvantaged communities and equity seeking groups for many years to come.

Recommendation: With COVID19 and other more immediate needs that our municipalities are currently dealing with, we propose that municipalities should be given two years from the proclamation date of these Bill to prepare and adopt a new by-law

Flexible tools in responding to local needs

COVID19 pandemic has highlighted the importance of investing in people and the social infrastructure for communities to be resilient, especially in times of crisis. From libraries and recreation centres that have transformed to serve as temporary food banks to parks as a space for people to practice physical distancing, we are reminded of the importance and need for accessible, community and social infrastructure.

One of North America’s largest public housing revitalization projects, Regent Park, provides a prime example of the importance of both financial and in-kind benefits that can support urban density. Since 2007, the Toronto Community Housing and City of Toronto have worked collaboratively with Daniels (development partner for Phases 1-3) to leverage both direct and indirect investments to support community building events and programs, community economic development and social procurement, training and capacity building, urban agriculture and food security, youth arts & cultural programming, support for community organizations and The Journey musical production. It is important to note that financial contributions amounted to less than half of the indirect financial investments which were provided as in-kind or in collaboration with private sector and philanthropic partners.

All municipal tools through Bill 108 and Bill 138 should allow for flexibility to meet the needs of local neighbourhoods, including the opportunity to provide for both in-kind and financial contributions. All contributions through this new by-law should also be registered on title.

In addition, requiring municipalities to choose between a Community Benefits Charge By-law or Parkland dedication highlights some concerns. We see both revenue tools as being equally important when we consider how our City has been able to guide new developments in the past and how we ensure municipalities continue to champion inclusive, resilient and complete communities for years to come.

Recommendation: Municipalities should be given the flexibility to meet the needs of local neighbourhoods. This includes the option for municipalities to require both in-kind and financial contributions from new developments and allowing municipalities to use both community benefits charge by-law and parkland dedication as tools to guide new development

Adequate funding to support community infrastructure and benefits

We are encouraged to see a policy that promotes more transparency in the Planning process. However, we are concerned that these regulations and hard caps on community benefits charges may reduce the amount of revenue, space, and parkland that municipalities can raise from new development to offset its impacts. Reports released by City of Toronto Planning identifies concerns about current and future revenues to offset the impact of rapid growth.

For example, the City of Toronto’s 5 Year Capital Plan has earmarked approximately 650M for new community centres. Eight out of the nine identified projects are located outside of the Downtown core (West of Dufferin, East of Victoria park) including areas like North East Scarborough and the Etobicoke Civic Centre.

Stats from Canada’s 2016 Census also highlights a higher proportion of senior and youth dependents in these inner suburbs (62.6%) in comparison to the Downtown core (41%)

Recognizing these areas are also facing rapid growth and densification, how can we ensure equitable access for our City’s most vulnerable populations to vital community centres, recreation space, parks and child care centres? We urge that any changes through Bill 108 and 138 are revenue neutral and doesn’t impact our City’s ability to fund projects like these.

Recommendation: We propose changes to the revenue structure to ensure that any amendments through Bill 108 and 138 are revenue neutral and doesn’t impact our City’s ability to fund vital community infrastructure and benefits

Ensure revenues for community infrastructure and benefits is tied to density and growth

While we support rapid growth and the need for more housing supply, we also want to ensure that revenues collected through the new by-law charge is tied to this density. We are concerned that areas of the City with lower land valuations will be unable to capture enough revenues to pay for necessary community facilities, recreation centres and parks. We suggest reviewing alternative options that better reflect new density like linking revenues to the number of units or gross floor area (GFA).

Many of the new amenities, community and social infrastructure we see in Regent Park today were funded on a per unit basis through the project agreement with development partner, Daniels. This model dates back to the 1980’s when Ontario Housing in Regent Park approved a $2 fee from rents to support a community legacy fund which led to the eventual development of the South Regent Park Community Centre.

The need for more affordability in the housing market should not come at the expense of building vital community infrastructure and benefits to support resilient, sustainable and complete communities. Furthermore, we have not identified any language in this policy that requires developers to pass on additional savings to the end renter or homeowner.

Improved housing affordability must be achieved through adequate public investments like the Canada - Ontario Housing Benefit as part of the National Housing Strategy.

Recommendation: We suggest reviewing alternative options that better reflect rapid growth and densification, like linking the new Bylaw charges to the number of units or gross floor area (GFA)

Ontario needs more affordable housing, and we need it now

Ontario is in a housing crisis. We recognize the provincial government's effort to create conditions that make it easier to build housing and introduce policies that encourage densification. Over the past couple of years, the City of Toronto has engaged TCBN and its members, housing advocates, community members and the private sector to discuss and answer questions like;

What is the percentage of affordable housing required?
What should be the minimum size of development projects that inclusionary zoning would be applied to?
How long must the units remain affordable for?

The results from this stakeholder engagement and consultation process have been formalized and is currently awaiting direction from the province.

Our concern is that by restricting Inclusionary Zoning (IZ) to Protected Major Transit Station Areas (PMTSA) and Development Permit zones, we will only further delay much needed housing supply. It is not anticipated that any of the new transit projects will be complete until 2021, at the earliest. Applying IZ more broadly can enable shovel ready projects to include affordable housing this year. The City's Inclusionary Zoning Assessment Report identifies that there are many areas across Toronto that could support IZ.

Recommendation: Inclusionary Zoning policy should be applied City-wide and not just to Protected Major Transit Station areas and Development permit zones

Transit Oriented Development

Recognizing the trajectory of transit oriented development will lead to new development and density in communities that have been historically marginalized, disadvantaged in the planning of the City of Toronto, it is critical that we ensure that community voices are at the table when local planning decisions are being made.

Many of our members and community advocates have raised this concern with our municipal governments who have responded with new initiatives that seek to engage the community early in the planning process, as part of Secondary planning. One new pilot that our network supports is the Jane-Finch initiative led by City planning and working in close proximity with local community groups and organizations. The goal of the initiative is to “develop an integrated plan for the area that advances social equity and economic inclusion for current and future residents, encourages the appropriate kinds of growth and development in the area, and guides investment in community improvements.”

We would like to see further commitment from the Government in requiring deep community consultation along transit corridors early in the planning process. Large infrastructure projects like the Finch West LRT and Ontario Line have a great opportunity to bring together local community, government, businesses and agencies to shape public realm discussions and inform built form that is compatible with the local context, history and culture. This conversation can also leverage opportunities for inclusive economic development like apprenticeship and training, affordable housing, local procurement and other neighbourhood and environmental improvements.

Recommendation: We would like to see further commitment from the Government in requiring deep community consultation along transit corridors early in the planning process. It is critical that we ensure that community voices are at the table when local planning decisions are being made especially along transit corridors.

Amidst a COVID-19 crisis where we are seeing our City struggle in the face of high income inequality, unaffordability and persistent gaps in public services, health, education and employment. We are encouraged by the provincial governments response in working with the community, municipalities and private sector to make sure people and families across the Province get the support they need during this global crisis.

We see immense opportunity for Bill 108 and 138 to continue this approach by engaging the community early in the planning process, allowing the time and flexibility for our municipalities to respond to local interests/needs and ensure adequate funding for core municipal services, community facilities and benefits (financial and in-kind) to offset the development impacts.

Sincerely,

Rosemarie Powell,
Executive Director
Toronto Community Benefits Network (TCBN)