Changes to the definition of an “Affordable Residential Unit” in the Development Charges Act, 1997 for the purpose of municipal development-related charge discounts and exemptions

ERO number
019-7669
Notice type
Act
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
September 28, 2023 - October 28, 2023 (30 days) Closed
Last updated

This consultation was open from:
September 28, 2023
to October 28, 2023

Decision summary

Bill 134, the Affordable Homes and Good Jobs Act, 2023, received Third Reading on November 29, 2023. The Act amends the definition of “affordable residential units” in the Development Charges Act to lower the cost of building, purchasing, and renting these units.

Decision details

The Ontario Legislature has amended the definition of “affordable residential units” in the Development Charges Act (DCA) for the purpose of discounts and exemptions from municipal development-related charges. These are development charges, community benefits charges, and parkland dedication levies.

The new definition is based on the existing definition of affordable housing in the Provincial Policy Statement, 2020 (PPS), which considers local income in addition to market prices. The proposed new definition considers the housing costs that are affordable for households that, in the Minister of Municipal Affairs and Housing’s opinion, are in the 60th percentile of gross annual income in the applicable local municipality.

Once in effect, an affordable residential unit would be defined as:

For rental housing, a unit where the rent is no greater than the lesser of,

  1. the income-based affordable rent for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and
  2. the average market rent identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based affordable rent applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

  1. determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for renter households in the applicable local municipality; and
  2. identify the rent that, in the Minister’s opinion, is equal to 30 per cent of the income of the household referred to in clause (a).

For ownership housing, a unit where the price is no greater than the lesser of,

  1. the income-based affordable purchase price for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and
  2. 90 per cent of the average purchase price identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based affordable purchase price applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

  1. determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality; and
  2. identify the purchase price that, in the Minister’s opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a).

This approach reflects the ability of local households to pay for housing and recognizes the diversity of housing markets across the province. Discounts and exemptions on municipal development-related fees will help lower the cost of building, purchasing, and renting affordable homes across the province.

Comments received

Through the registry

81

By email

9

By mail

0
View comments submitted through the registry

Effects of consultation

The Ministry of Municipal Affairs and Housing received a total of 90 comments on the Environmental Registry of Ontario notice for Bill 134’s revised definition of affordable residential units. This feedback indicated support for the incorporation of income factors as well as closer alignment with the PPS, which is already in effect province-wide and familiar to developers and municipalities. This feedback generally aligned with the government’s approach to revising the definition of an affordable residential unit as set out in Bill 134. However, some feedback suggested further refinement to the definition could be explored. For example, some feedback suggested that the definition could be revised to serve Ontarians in the greatest need of housing. Other feedback suggested that the definition may not sufficiently incentivize the development of affordable units, particularly larger ones, in certain markets.

All feedback received will inform the development of the Affordable Residential Units bulletin as well as decisions related to implementing the policy.

Supporting materials

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Contact

Ruchi Parkash

Email address
Office
Municipal Finance Policy Branch
Address

College Park 13th flr, 777 Bay St
Toronto, ON
M7A 2J3
Canada

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Original proposal

ERO number
019-7669
Notice type
Act
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

September 28, 2023 - October 28, 2023 (30 days)

Proposal details

Overview:

The Ministry of Municipal Affairs and Housing (MMAH) is proposing to amend the Development Charges Act, 1997 (DCA) to change the definition of an affordable residential unit for the purpose of discounting and exempting these units from municipal development-related charges (MDRCs). MDRCs are development charges, community benefits charges, and parkland dedication requirements. The proposed new definition would be based on the existing definition of affordable housing in the Provincial Policy Statement (PPS), 2020, which considers local income in addition to market prices. The proposed new definition would consider the housing costs that are affordable for households that, in the Minister of Municipal Affairs and Housing’s opinion, are in the 60th percentile of gross annual income in the applicable local municipality.

Proposed change:

Under the proposed change, an affordable residential unit would be defined as:

For rental housing, where the rent is no greater than the lesser of,

  1. the income-based affordable rent for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and
  2. the average market rent identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based affordable rent applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

  1. determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for renter households in the applicable local municipality; and
  2. identify the rent that, in the Minister’s opinion, is equal to 30 per cent of the income of the household referred to in clause (a).

For ownership housing, where the price of the residential unit is no greater than the lesser of,

  1. the income-based affordable purchase price for the residential unit set out in the Affordable Residential Units bulletin, as identified by the Minister of Municipal Affairs and Housing, and
  2. 90 per cent of the average purchase price identified for the residential unit set out in the Affordable Residential Units bulletin.

In identifying the income-based affordable purchase price applicable to a residential unit, the Minister of Municipal Affairs and Housing shall,

  1.  determine the income of a household that, in the Minister’s opinion, is at the 60th percentile of gross annual incomes for households in the applicable local municipality; and
  2. identify the purchase price that, in the Minister’s opinion, would result in annual accommodation costs equal to 30 per cent of the income of the household referred to in clause (a).

Why the change is being made:

The proposed change to the definition of an affordable residential unit in the Development Charges Act, 1997 would change which units might qualify for discounts and exemptions from MDRCs. As local income would be a factor for determining which residential units would be deemed affordable, the changes could result in lower purchase prices compared to the current definition in the DCA. The change would also incent the development of housing that would be considered affordable to moderate income households.

Affordable residential units that meet the province’s definition would be eligible for discounts and exemptions from MDRCs, to help lower the cost of building, purchasing, and renting affordable homes across the province. 

Incorporating income-based factors into the definition of an affordable residential unit, better reflects moderate income households’ ability to carry costs of housing (compared to a solely market-based definition). This change would help to enable more Ontarians to find an affordable home based on their household income.

Comment

Commenting is now closed.

This consultation was open from September 28, 2023
to October 28, 2023

Connect with us

Contact

Ruchi Parkash

Email address
Office
Municipal Finance Policy Branch
Address

College Park 13th flr, 777 Bay St
Toronto, ON
M7A 2J3
Canada

Office phone number