On behalf of the…

On behalf of the Municipality of Kincardine, Council has expressed concerns on aspects of Bill 23 (see Council resolution below), and we respectfully request that the Provincial Government delay the passage of this Bill to allow for more fulsome consultation with the municipal sector and the public in general. Additionally, we respectfully request that more consideration be given by the Ontario Government to recommendations from the Ontario Affordable Housing Task Force Report and incorporate such recommendations into the path forward for building more affordable homes across Ontario.

Municipality of Kincardine Resolution re Bill 23:

WHEREAS the timeframe to comment on the More Homes Built Faster Act (Bill 23) has been exceptionally short;
AND WHEREAS the bulk of the changes contemplated in Bill 23 will be enacted by regulations that are published on the government of Ontario website for comment by November 24, 2022;
AND WHEREAS the following elements of Bill 23 and its proposed regulations are not in the best interest of the Municipality of Kincardine:
1. amendments to the Planning Act which would limit third party appeals for all planning matters and remove the public meeting requirements for draft plans of subdivision;
2. provision regarding inclusionary zoning for affordable housing has a proposed limit of only 5% of units in a subdivision of 10 or more units which should be increased to be effective;
3. provisions regarding the Heritage Act which would have the effect of forcing municipalities to quickly make designation decision on all properties currently on the heritage register;
4. provisions relating to the Conservation Authorities Act which would have the effect of removing the Conservation Authority from providing effective and necessary comments on planning applications;
5. provisions relating to the Conservation Authorities Act which would allow development in certain wetlands on an offset basis;
6. proposed changes to municipal development charged, parkland dedication levies, and community benefit charges that may contradict the goal of building more housing in the long term;
THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Municipality of Kincardine advise the Provincial government that it does not support certain aspects of the More Homes Built Faster Act (Bill 23);
AND FURTHER THAT the Council of The Corporation of the Municipality of Kincardine direct the Mayor to submit objections with respect to the provisions listed above through the formal comment process within the timeframes for comment;
AND FURTHER THAT Council request the Province give more consideration for the recommendations in the Ontario Affordable Housing Task Force Report before proceeding with Bill 23.

AND FURTHER THAT this resolution be circulated to the Premier Doug Ford, MPP Lisa Thompson, Minister of Municipal Affairs and Housing Steve Clark, Federation of Canadian Municipalities (FCM), the Association of Municipalities of Ontario (AMO), Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the County of Bruce and Saugeen Valley Conservation Authority.

Additionally, the Municipality of Kincardine puts forward the following for consideration:

o Additional Residential Units (ARU) – Our community is open to this change; however, one major concern relates to infrastructure capacity required to support ARUs in serviced areas, including storm, water, and sanitary, which could lead to significant expansion needs and costs. It would be beneficial to understand how this infrastructure change is intended to be funded for built-up areas. To support some intensification, the municipality could consider reviewing its own Zoning By-law to include rural properties, as there appear to be adequate tools under the Building Code to ensure adequately sized septic systems are on-site and this has no impact on our servicing that we primarily see in the urban areas.

o Parkland – The Municipality is not supportive of the proposed changes to parkland dedication, as it appears that the proposal allows for land to be conveyed which may not be optimal for parkland. Additionally, the Municipality is not supportive of capping parkland acquisition, as it is possible that the Municipality may wish to acquire larger parkland to accommodate a greater population given the nature of development in our community. The Municipality would also like to have clearer information with respect to the requirement to spend or “allocate” an annual amount of parkland reserves. Clarity of the term “allocate” related to parkland cash reserves would allow the Municipality provide comment back to the proposal.

o Community Planning Permit System – The Municipality of Kincardine is open to the proposal, however this may require additional local resources for support.

o Third Party Appeals – The Municipality recommends that instead of removing Third Party Appeals, the Provincial Government consider how to streamline appeals at the OLT to dispose of frivolous appeals that impact both timing and cost of development.

o Land Division – The Municipality recommends that a tool be required to allow the public to be made aware of proposals for plans of subdivision. The Municipality believes that there is valuable information that can be provided to the municipality from the community for potential subdividers of information that may be lost if not afforded the opportunity to allow for public input and awareness, and which may not be available through technical review of a development package.

o Development Charges Act – The Municipality is generally not in support of the changes proposed to the Development Charges Act through this Bill. With this type of change Municipalities will not be able to sustain growth and existing asset needs. The Province needs to offer funding supports if they impose this area of change.

o Phase in of Development Charges – The Municipality does already provide for a phase-in of Development Charges, however does not support this as a statutory requirement.

o Development Charges Act - Housing and Methodology – The Municipality is not in support of the methodological changes proposed to the Development Charges Act, as it would require the Municipality to find other sources of revenue to support growth. Additionally, it appears that limiting municipal housing providers from using Development Charges to fund housing programs and projects could actually result in fewer affordable housing units.

o Heritage Act – The Municipality is not in support of the changes to the Heritage Act, and believes that it is important for the community to determine what areas of the built environment and culture should be celebrated.

o Conservation Authorities – The Municipality requests that the Province consider the feedback from Conservation Ontario with respect to proposed changes to conservation authorities.

o OLT – The Municipality is generally supportive of changes to the Ontario Land Tribunal that allows the Tribunal to dismiss appeals that are unreasonably delayed and more ability to award costs against losing parties.

o Additionally – The Municipality would request that the Province consider a comprehensive approach on developing skills in the trades that build homes, as there needs to be a focus, and perhaps incentives, to further trades people in the industry.